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I have got some sense ( if you can call it that) from the ICO just now
I have clarified that yes, group action is allowed.
However for case law to be made it has to be outside of the small claims track.
Waiting for clarification on this from my law centre ( unless anyone here can advise)
BUt IM ready and raring to get this baby into court, lets see how b/card defend ( or not turn up, whatever) this one.
As Abbey have shot themselves in the foot and the more I read about mircrofiche on this ere interweb, the more I am convinced, that we will not lose this one, but case law MUST be made sooner rather than later In my opinion. #
Im happy to lead on this one, but I believe a group action is just what we need. plus it saves us all going to court seperately and might reduice the cost burden for individuals. PLus it might just get in the press- which I would love.
Add your names here if you are interested, maybe we could work on getting a e-group via msn or yahoo or something to chat over what we need to do.
If there are any issues im not aware of do speak up now, and lets see what we can do.
lickthewallfatboy? YOU IN??
Mods please dont merge with my other thread, otherwise many wont see it.
Also done a new post with this link at the top of b/card forum
Lynzpower,I note that you mention the class action is not allowed under the small claims.
In my view:
1.I feel that we need to get some sort of leave from the courts to be able to persue our claims against the banks who have endless financial resources whether b/card or otherwise.
or
2.Maybe the court action(which we would need to discuss the
strategy) and possibly get injunctions to compel the ICO/OFT to put sanctions on finance companies for bad practices i.e.incomplete DPA requests,creditor/debt harassment and stalling tactics in refunding monies they should have never taken off consumers in the first place etc etc etc!!!!!!!!!!!
This legal action should be non-confrontational in order to have the OFT/ICO working with us rather than against us because we are very concerned about how finance companies flout the laws and thus are in total contempt of the laws.
So in brief,maybe any class action should not be against the banks but the ICO or OFT - which any action should qualify in my view for legal aid and regardless of people's means.
This would be because there have been failings along the way - ICO or OFT as regulators.Also,as there have not been any remedies put in place albeit the recent announcements.
Basically as it goes, the small claims route, can get a group action no problemo, although it DOES NOT create case law which to my mind is the issue at hand
If we could get this in front of a judge and b/card have to state how the microfiche is ordered and lets face it filed, then fine. It will create case law, even if it is limited in the way that says, microfiche is a RFS Which will of course knock this stalling tactic on the head once and for all.
I have spoken to bl**dy everyone today
1. the law society who gives me lists of solicitors none of whom will speak with me without me paying for it
2. community law centres dont deal with these issues fdocusing on housing/ immigration & the like
3. legal aid seem to be telling me we cant get anything as IM not on benefits, or low income ( altohugh most of my income is swallowed on debt repayments, but there you are)
Let me reply to your bit N4b
In my view:
1.I feel that we need to get some sort of leave from the courts to be able to persue our claims against the banks who have endless financial resources whether b/card or otherwise. ( how do we do this? Who would give us the answer to this?Does anyone know)
or
2.Maybe the court action(which we would need to discuss the
strategy) and possibly get injunctions to compel the ICO/OFT to put sanctions on finance companies for bad practices i.e.incomplete Data Protection Act requests,creditor/debt harassment and stalling tactics in refunding monies they should have never taken off consumers in the first place etc etc etc!!!!!!!!!!!
This legal action should be non-confrontational in order to have the OFT/ICO working with us rather than against us because we are very concerned about how finance companies flout the laws and thus are in total contempt of the laws.
the sticking point for this is that the ICO are stating that microfiche is a RFS. they also state that they are working with the banks to encourage them to comply with the act, but on the other hand stating that the microfiche issue will remain. I have put it to them that what robert said in my other thread that its the transactional data I need, i dont care about the statements " we are workig with the banks" "watch this space"
I dont want to sit around watching a space thank you , Id rather use the legal rights I have.
In any case Ill be setting up a invision board similar to this for us to discuss in private - if any mods want to give me some pointers on how to do so, that would be well useful.
I tihnk we do need to chat at length to make sure we are on the right lines
I'm in like Flint on this one, though I have just sent them an estimated claim to try and speed up my own case.
Keep me posted..
Barclays - Total charges = £1285. LBA sent - 5 days to comply. Barclaycard - Total charges = £516. LBA sent - 5 days to comply. Co-operative Bank - Settled in full - £202.50 received 7 July 2006.
I have invited some people to the forum as and when. If you have not been invited but are interested DO DROP ME A PM HERE and I will send you the link
there are only 2 of us seemingly chatting at the mo although someone else has joined but not posted ( andy? who are you)
It is Im afraid only for those whom are a) wanting to be part of the action
b) only for those who have hit the stage of being out of the Data Protection Act time slot.
Anyone who is aware of how to add chatr boxes to footers, please give me a yell im desperate to get this added
I will be online NOW, but only for a short time. We can agree I think a timeslot for discussion evenings may be better when it suits all of us. However that discussion will happen in the secret forum, not here obv
Hi Lyndsy.
I just posted off my DPA with my 10.00 yesterday, (Tuesday) I have sent it to be signed for, and I expect them to have received it by Thursday 22nd at the latest.
I am probably looking for about 300 - 500 pound off them
As Bcard seem to have stalled on all other requests, then I don't know if to wait a while for there first respons, or to join the bandwaggon.
Pretty new to this site, although I've been following it I've only just plucked up courage to do something about it, I thinkwe've all been taken for mugs for too long. Have not received my list of charges etc yet, possible due to my own fault for not enclosing the necesssary £10.00 fee, which I will do tomorrow. Will continue to folllow your link and will let you know of my progress. Good luck.
IS wanting to look at the options for group actions
PLEASE PM ME HERE
I am almost at the stage where m wanting to crack on, so if you want to be on board then please let me know. I suspect we will start really threashing this out as of monday.
whomever Andy is whose registered could you let me know your username here please as well ( via PM)
I too would like to join the "let's rip Barclaycard apart" action.
Bloody Microfiche - My A*se
CURRENT ACCOUNTS Abbey - WON !!! HSBC - Data Protection Act Sent 01/06/06 - Still awaiting statements FirstFirect - WON !! Smile - Data Protection Act Sent 01/06/06
CREDIT CARDS CapitalOne - MCOL claim issued - ackowledged MBNA - Data Protection Act Sent 01/06/06 CitiBank - LBA sent Barclaycard - LBA sent Egg - MCOL Claim issued
LOANS Halifax - LBA sent Marks & Spencer - LBA sent
HP Online Finance HP - LBA sent Open & Direct HP - LBA sent
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BARCLAYCARD GROUP D P A ACTION- whos with me?
have shot themselves in the foot and the more I read about mircrofiche on this ere interweb, the more I am convinced, that we will not lose this one, but case law MUST be made sooner rather than later In my opinion. #
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Group Action on DPA for b/card- whos with me?
Re: BARCLAYCARD GROUP D P A ACTION- whos with me?
