Thread: give_me_it_back vs Barclaycard

Hi all. I am copying in correspondence to follow my tale, but first - two questions... When we take card companies to court, I am assuming they will close our accounts and ask for the entire amount to be paid off...? I don't have it.


Also, Barclaycard are asking for 3.00 per statement for copies on microfiche. I am pretty sure that the 10.00 fee is the statutory maximum, but, before I send the letter below, could someone please clarify?

Many thanks

I am in receipt of your letter dated 21st June in which you acknowledge my request for statements, and request the statutory maximum fee of £10.00, which is enclosed

I note your comments in reference to the archived transactions being stored on microfiche, but would advise you that my DPA request does cover information stored on microfiche, or any system. Please see case Durant v FSA 2003.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

This letter has been sent to you by recorded delivery, and will arrive no later than 27th June. To be clear, the information I requested is due by 6th August 2006, and should there be any further attempts to delay compliance, I will be left with no alternative but to commence a county court action under section 7, and section 15(2) of the Data Protection Act 1998, and in due course, escalate this matter into an official complaint to the Information Commissioner and the FSA.

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I have now heard that banks can charge for copy statements, but they can't charge any more than 12.00 for details of charges levied over the last 6 years.. Now I'm really confused Does that mean all Barclays can ask for over and above the 10.00 DPA fee is another 2.00?

Does anyone have a definitive answer?

Thanks

under the dpa they can only charge £10 maximum for statements whatever form they're in so get on with it!!!!

Great. Thanks Cilitbanger. I thought that was right, but didn't want to send my no-nonsense letter if I was actually talking nonsense!

letter off Monday.

Cheers!

You're welcome! Keep us posted

Right. Got response from them. They give the old microfiche argument for the reason not to have enclosed statements any further back that May 2004. However, I only took out the card a few months before that, so I am not going to bother suing them over Data Protection Act, as I am busy dealing with Abbey over that!

From May 2004 (and the statements are all mixed up - not in date order), there has been a total of 140.00 in penalty charges. Not massive - but mine all the same!

Guess it's time to send off the next letter (below). Could I please have any comments before sending registered. Thanks:

In response to your letter dated 2nd July 2006, I am writing to ask you to refund to me the charges which you have levied from my account since May 2004.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full Breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

Your responsibilities
I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.
I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

What I require
I calculate that you have taken £140.00 plus £2.88 which you have charged me in overdraft interest for the sum which you have taken. Total £142.88 .

I enclose a schedule of the charges which I am claiming with this letter

My targets to resolve this matter
I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days (ie until 18th July 2006) to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.



I'll keep you all updated. Thanks for your continued support and guidance, and good luck!

Anyone there just to check this letter before it goes..?

Thanks

£2.88 which you have charged me in overdraft interest

It's a credit card, so not overdraft.

Apart from that, it's one of our tmplates here, isn't it? In which case, it's fine.

Than ks Bookworm. Just building confidence... I'm very aware that if one of us gets any small thing wrong, it reflects badly on all of us.

Thanks very much.

GOD! This bunch are trying to drive us all insane!!

I now received a letter from Rachel Shiels saying that she can't provide me the information I want under DPA, and, anyway, I have to enclose £10. YEAH! I KNOW - that's why I sent all that to you 5th June!!! She has enclosed this along with another letter enclosing another letter (I know...) which she says is a copy of a letter she sent me! Well - ALL her dates are wrong AND I never received the letter she 'copied' me!

I really do think they are either:
a) running round in circles and making major mistakes
or
b) deliberately trying to confuse.

Either way - she has ALREADY sent me statements and I have ALREADY sent the next letter before lba!

I wrote back - enclosing copies of all my correspondence again, saying:

I am in receipt of your letter dated 6th June (I assume this was an error, and the date should be 6th July) in which you enclose a copy of a letter dated 21st June 2006 which you say was sent to me. I should make it clear that I did not receive this letter.

I am somewhat surprised that you make mention of the fee of £10, as I sent the cheque for £10 in my letter dated 24th June (which you make reference to in your letter) It is apparent you have not cashed this cheque. I would appreciate that you return it to me forthwith.

You will have, by now, received the letter I sent you in reference to the letter and statements you sent me (dated 2nd July). However, I have enclosed another copy of this letter.

I look forward to hearing from you by 20th July

I have a mountain of paperwork - I can only imagine what their office looks like... unless... they've already moved all our letters on to microfiche..!!!

2 more days Barclaycard....

Right.. their time is up tomorrow. I have copied below the letter I am sending, BUT - does anyone think there is anything to be gained by telephoning them today...?

I am very disappointed that you have failed to respond to my letter of the 10/7/06.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I calculate that you have taken £140.00 plus £12.88 which you have charged me in interest for the sum which you have taken. Total £152.88. I am deducting the £10 you credited back to the account on 1/7/04, and therefore claiming a total of £142.88.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of 5th July 2006.

I require repayment in full of this money. If you do not comply fully within 14 days (ie 5th August) then I shall begin a claim against you for the full amount plus my costs and without further notice.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act.

Didn't phone them. Letter went recorded today. Now have until 5th August before action starts.

Received the usual letter with the YADAYADA £12 recommended OFT YADAYADA gesture of goodwill YADAYADA here's the difference between £12 and the rest back BLAH BLAH.

Wrote and sent recorded today:
am in receipt of your letter dated 24th July 2006.

You say that you do not agree with my “legal analysis” in respect of my claim, and I would be very interested to hear why.

I accept your refund of £56.00 as part payment towards my refund, but would advise you that I will still raise court action to recover the remaining £86.88 which has been unlawfully taken from me.

I would also point out that your comment regarding the OFT “recommended” £12 fee is wholly incorrect. The Office of Fair Trading have not recommended this amount as a fair fee. £12 is the amount at which the OFT agree to become involved, therefore my full claim still stands.

I require repayment of the remaining £86.88. If you do not comply fully within 14 days I originally set down (ie 5th August) then I shall begin a claim against you for this amount plus my costs and without further notice.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act.

Hi again, you seem to have everything in hand, keep going you'll get there in the end!!!

thanks Cilitbanger! I a'int letting them off with one penny!

Just preparing all the documentation for court, and I just have a couple of queries..

Do I claim court fees?

Does £20 sound fair for my amount for sending recorded delivery letters, stationery and time raising action?

How best should I head the title for the Action?

Thanks very much everyone!

Bump..?

Thanks very much. Think I'll put in £39 court fees and £20 damages (stamps, stationery and registered postings). Still not sure how to head the claim though...