Thread: Me vs Barclaycard - **WON**

Sending off the DPA S.A.R tomorrow 23/8/8, can't get to the post office today

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Standard letter and statements received
Statements prior to May 2004 on microfiche etc.

I don't think I started using my card until mid 2004 anyway so i'm just sending prelim from then onwards.

They say about microfiche statements 'are copied onto the icrofiche in date order and more than one customer statement may be held on an individual film of microfiche. These statements are not stored by reference to account number or customer name and are not "readily accessible" withing hte meaning od the DPA. These statements are therefore note retained in a relevant filing system etc etc......' They then go on to say that these can be obtained at a price of £3 per statement.

So if I request one from say Jun 2002, are they saying that they will have to manually read through ALL microfiches of statements for ALL customers for Jun 2002 until somebody manually picks mine out :?

Ok, I've had a really odd experience today :o

Envelope drops through door with a Barclaycard comp slip with the words 'Please find enclosed a cheque for £48.00'

Along with the comp slip a cheque for £48.00

I put my prelim letter in on the 30/8 for £120 in charges and £29 in interest, this is the first communication.

They've obviously paid me the difference between £20 and £12 for the 6 charges (6 * £8)

Dilemma - what do I do, bank the cheque and then send the lba when the 14 days are up. They have not responded at all in any other way.

I say bank it and send a letter saying you accept it but only in partial settlement of your claim, detailing the amount that still remains outstanding. maybe even just add that in to your lba.

they may have responded, but it certainly isnt an acceptable response to your claim.

was there no letter with it saying you have to return a slip agreeing that its in Full and final settlement of the claim? (usual practice with other banks).

Barclaycard are definitely proving awkward arent they!! :?

My prelim went yesterday and I expect a similar response.

No letter, nothing about my claim just a comp slip and a cheque - i'll get them scanned in later and remove all identifying marks and post them up here.

just been reading Chris v Barclaycard.

He got the £8 / charge refund first too then sent his lba and got the balance out of them!!

get that LBA sent martynh99

looking forward to getting my money back now (morris&morris v barclaycard).

that is just so shoddy and scruffy isnt it!

even so - bank it and enjoy having (some of) your money back.

if this is standard procedure now I should see a similar unprofessional communication soon!

Letter received today dated 2nd Sept, Envelope franked 4th Sept and went through post office automated sorting machine 5th Sept.

Letter is the usual we thing they are fair, but goodwill gesture etc offer of difference between charge and £12 to be refunded by cheque sent under seperate cover.

Seems they are sending cheques out with the letter posted a day later so that you bank the cheque first.

I'll scan the letter in later and post here.

lba to go now for the remainder.

Originally Posted by martynh99

No that wasn't mentioned.

Here is the letter

I have received this letter, any ideas on a reply?

Originally Posted by craigamc

I have received this letter, any ideas on a reply?

Was your account opened prior to May 2004 ? If so I would push for the statements and stress that they must be filed in some indexed system otherwise when you request one, they will have to trawl through hundreds of thousands of customers statements for that month until they pick yours out, all for a measly £3 - I don't think so.

The response they're getting !
Martynh99
My New Address
Tracy Burgess
Customer Relationship Manager
Barclaycard
PO Box 599
Manchester
M60 3NF

6th Sept 2006 (posted 7th Sept 2006)

ACCOUNT NUMBER: XXXX XXXX XXXX XXXX
Your ref; XXXXXXXX

Dear Tracy,

Thank you for your letter dated 2nd September 2006, which I received today.
You raised several points in your letter which need to be addressed.
You claim that your charges are both fair and transparent.
I claim that they are excessive and unlawful, and as you have not provided me with any justification, or Breakdown of costs, for the level of your charges I find no reason to believe your claim that they are fair. If you care to furnish me with the breakdown of the £12 charge that you have retained per charge is the true costs incurred I would take this into consideration.

You inform me that Barclaycard disagree with my legal argument.
If that is Barclaycards opinion then I can only assume that you will be happy to take this case to the courts and let a judge decide which of us is correct.

You state that the OFT recommended a fee of £12.00.
This is incorrect, I suggest that you study the report in more detail,
Below is an extract from an OFT Press Release reference number 68/06 dated 5th April 2006:
"Where credit card default charges are set at more than £12, the OFT will presume that they are unfair, and is likely to challenge the charge unless there are limited, exceptional business factors in play. A default charge is not fair simply because it is below £12."
The press release also goes on to say:
“A default charge should only be used to recover certain limited administrative costs.”

Perhaps you will study the press release and maybe take advice from your legal department. The press release is available online at Current credit card default charges unfair

You state that I may ultimately become eligible to refer to the Financial Ombudsman Service
This is completely irrelevant as this is a legal matter which I believe will be heard in the small claims court, as the amount I am claiming is well under the £5000.00 threshold for that track. Again, your legal department will be able to advise you on this.
You have offered a sum of £48.00 as a goodwill gesture.
As the cheque arrived in the post along with a compliment slip (photocopy enclosed with this letter) prior to this letter arriving, I had assumed that this was an interim payment on account of the full claim of £149.22 and have since banked the cheque. I have therefore deducted the £48 from the original claim leaving a balance of £129.22

Breach of Data Protection Act
I also believe that in your letter of 2nd September 2006 you have committed a breach of the Data Protection Act 1998 which is outlined below.
22nd November 2005 I wrote to yourselves closing the Credit Card Account.
8th June 2006 I moved house from <old Address> to my current address. As I had previously closed this account, I did not inform Barclaycard of this change of address.
23rd August 2006 I wrote to Barclaycard requesting details of charges made on my account under a Data Protection Request.
30th August 2006 I received the statements in the post at my new address.
30th August 2006 I submitted my claim for repayment of charges.
5th Sept 2006 I received a cheque for £48 and a compliment slip to my new address.
6th Sept 2006 I came into receipt of a letter dated 2nd September 2006 that you had sent to my old address. This letter contains private and sensitive information in the form of my card number and financial dealings with Barclaycard.

All correspondence from myself to Barclaycard in relation to this claim has clearly displayed my current address.

This letter is my letter before action that was detailed in my original claim dated the 30th August 2006. You now have 14 days to respond otherwise I will commence proceedings in the Small Claims Court against Barclaycard.

Regards

Me!
Enc : Scan of Cheque & Comp Slip

Now reported BC to the information commissioner for the breach of DPA in relation to microfiche and also on sending my details to wrong address.

Originally Posted by neilbass

I think that letter is superb MartynH - and if you don't mind I'll borrow chunks of it for mine (especially the bits relating to the OFT and £12)?

Can't take all the credit, I too borrowed sections from http://www.consumeractiongroup.co.uk...tml#post187800

I tidied up the quotes from the OFT press release.

Feel free to use any of this and good luck.