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I tried to claim back charges from Barclaycard some 12 months or more ago, am I right in saying I can now claim more than 6 years plus damages from them for obstructing my original claim with microfiche saga?
Can someone give me an idiots 1-2-3 guide to how to get the ball rolling and how much I shold be asking for in damages for them obstructing my claim?
You're more likely to have success claiming charges over 6 years as part of a claim for "in date" years. If you want to claim back the older charges, you'll need to acquaint yourself with s.32 of the Limitations Act, 1980. Read here - http://www.consumeractiongroup.co.uk...ct-1980-a.html
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
No, never had a bean, they scuppered it last time with the microfiche excuse .... I read a post on this site somewhere that somebody had successfully claimed against barclaycard for 'obstruction' because of the microfiche issue ....
Well, that's good news - you can now start from scratch and, if it transpires that you were charged beyond the 6 years now "in date", reclaim the older charges as well.
Not sure personally about someone claiming for obstruction. However, if BC fail to provide the info required in your SAR, you can file a claim against them in court to force the supply of the required data AND seek damages for their failure to comply with the original request.
Such damages would be small and, I believe, at the discretion of the court. This is something you'd have to have followed up at the time.
You should concentrate on either:-
1) Getting a proper reply to your original SAR if you have copies of the old letters. This may avoid paying the £10 fee again.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Barclaycard Part 2
plus damages from them for obstructing my original claim with microfiche saga?
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