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The 40 day Data Protection Act peiod of compliance has expired, so I'm posting a LBA to the Barclaycard DPA address in Knutsford, and I'm also sending another letter under separate cover to their customer service address beginning my claim with an estimated amount that I'm going to claim. I'm going to send a copy of the preliminary letter listed in the library http://www.consumeractiongroup.c o.uk...repayment.html, but have amended the section entitlyed "What I Require" as follows:
What I require
Due to your continued non-compliance with my Subject access request of 7th July 2006, I am unable to ascertain an exact figure of charges you have levied to my account. In continuance of said purpose to claim fees and interest, I estimate that the amount you have taken at £XXXX. I would request that if you are able to offer further clarification on this figure that you do so. In the event of continued non-compliance in 7 days from today I will seek a Court order obliging you to supply me with this information together with damages at the discretion of the Court, and without further notice. A letter before action has been sent under separate cover to your Data Protection Office in Knutsford.
Additionally you may have entered a default notice against my credit record. These defaults would have occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.
In addition to full payment of the sum mentioned above, I require that you remove the default entries that may have been entered against my account from the register. Please note that mere correction or amendment to the entry will not be acceptable.
I'm no legal expert so I just thought I'd ask a few more questions from you guys before I sent it:
1) Does anybody have any suggestions or amendments to make to this before I post it?
2) What would you suggest is the best way to estimate the amount of charges levied?
3) Should I include a working of my estimation?
Thanks again for all of your help
(PS. I have posted this under anouther thread but it was getting quite cluttered so I thought I'd start a new one)
Whatever I post is just my opinion, no more, no less!
......................... ......................... ................... NatWest=>settled in full, no strings! NatWest creditcard=>settled in full, no strings!
1. maybe you should give them 14 days. And a court order is a nice idea but the courts are clogged up enough you could be waiting months for your money.
2/3.an estimate is exactly that if you resonably assume x amount of charges a month then get to a reasonable figure and send them the letter from the template libary asking for it back dont go over the top ie if you think over x amount of years youve had £200pa taken in unlawfull charges x 5 years =£1000.... if you say £20,000 although a nice round figure i think it may well end up in court (unless of course you know different)
I agree witht he method outlined by allan, if you have some statement upon whihc to base your estimate so much the better.
And yes you should add a Breakdown of your estimate. Even if its ismply xxx pouinds per month for however many years.
I would suggest you have it clear in your mind exactly how you have estimated your charges as you will need to be able to demonstrate to the court that your method is reasonable.
In temrs of timeframe i think the recommended time is prelim letter 7 days followed by lba 7 days then court filing.
JMHO
Glenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
Estimating Charges
of 7th July 2006, I am unable to ascertain an exact figure of charges you have levied to my account. In continuance of said purpose to claim fees and interest, I estimate that the amount you have taken at £XXXX. I would request that if you are able to offer further clarification on this figure that you do so. In the event of continued non-compliance in 7 days from today I will seek a Court order obliging you to supply me with this information together with damages at the discretion of the Court, and without further notice. A letter before action
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Re: Estimating Charges
Originally Posted by bobtheb
