Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Nov 06- Requested charges info based on Data Protection Act 1998-S.A.R - (Subject access request). Only got some statements from May 2004 onwards, with the microfiche rubbish.
Nov 06-Claimed from Barclaycard based on estimates about £1,500 and they only refunded £230. They refused to pay more.
Jan 07- Filed court claim for Barclays to comply with DPA- SAR and pay court costs incurred. They defended but paid court costs and promised to give the requested info, provided I withdrew my claim which i did.
Feb 07- They then wrote to me and said the statements could not be found and therefore they could not do anything more. I told them I would continue to file a claim based on the previous estmate of £1,500.
Feb 07- I filed my claim and they are defending. An initial hearing is on the 02 August (allocation hearing) and after speaking to them recently ( to consider their position) they have indicated that they would defend the claim as they feel the case is too weak for me to win. They say the judge would not be keen hear a case based on estimates.
I estimated the charge by adding the charges between May 2004 to May 2006 and effectively multiplied that by 3 for the six years.
I urgently need some help on the way forward. I do not know what is involved with an allocation hearing and I do not like to be in the same situation as Kevin Berwick.
You might have a chance re feb 07 comments re statements not being able to be found (yeah right)
otherwise remember 1 answer- did you break your T&Cs (YES) if you have any questions otherwise give us a yodel and I'll help as best I can
just make sure you know where you are going and what your arguments are.
Go to the sticky, guidance notes and then Got a court hearing, guide to later stages, all the info on what you need to prepare there, I personally don't subscribe to the theory that Barclays Litigation team are cuddly, friendly people, if you are only estimating the charges, the judge will probably require them to comply with an SAR i.e. complete record of all transactions on the account - the important thing is that you read up on why you are reclaiming the charges, don't worry its all very informal at the court -
Our own story is that Bcard turned nasty when we asked that they remove the default caused by their penalties. they arranged a Barrister in 24 hours and she agreed they would pay up and remove the default by 21st July, guess what, they haven't paid so will be ringing the court to-day to re-instate. Don't panic just get prepared.
Court Hearing in a week-Urgent Help!!!!
). Only got some statements from May 2004 onwards, with the microfiche rubbish.
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