Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Just to let you know I have now started on Barclaycard to recover these charges they have taken off me.
Up to now they have been pretty quick.
I sent the S.A.R - (Subject access request) letter on the 02/09/06 and I have recieved a reply today 08/09/06 although they have said they can only go back to 2005 as all the other records are kept on Microfiche, and they will charge £3 per statement.
I will keep you all updated with new events, and if you have any comments or suggestions then please write them in.
Datxman v Lloyds TSB 2006 ** WON** 27/2/2006 With no conditions Datxman v Capital One 2006
S.A.R - (Subject Access Request) letter sent - July 2006
Non-compliance letter sent - 11/09/2006
enforcement letter sent - 11/09/2006
Statements finally received - 27/09/06
Prelim Letter - sent 28/09/06 - £540
Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds Datxman v Barclaycard 2006 Won no conditions
Sent my Prelim letter on the 11th Sept, and I have just received the standard "we do not agree that our charges are unfair" letter then they offered me £144.
I love the bit about it is a good will gesture and without any admission of liability. LOL
Just going to search this site for the Partial settlement letter, and send it to them asking for the rest of MY money.
Thanks to all the help on this website things are starting to move now.
Datxman v Lloyds TSB 2006 ** WON** 27/2/2006 With no conditions Datxman v Capital One 2006
S.A.R - (Subject Access Request) letter sent - July 2006
Non-compliance letter sent - 11/09/2006
enforcement letter sent - 11/09/2006
Statements finally received - 27/09/06
Prelim Letter - sent 28/09/06 - £540
Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds Datxman v Barclaycard 2006 Won no conditions
Don't be fobbed of with the microfiche argument. Statements may not be covered by the Data Protection Act, but the information within them certainly is. Make sure you read all the FAqs carefully, and search around for other posts about this particular issue.
Good luck
Robertxc v. Abbey- £3300 Settled in full Robertxc v. Clydesdale- £750 Settled in full Nationwide v. Robertxc- £2000 overdraft wiped out, Default removed by order of the sheriff Robertxc v. Style Card- Default removed by order of the sheriff Robertxc v. Abbey (1)- Data Protection Act action. £750 compensation Robertxc v. Abbey (2)- Data Protection Act action. £2000 compensation, default removed
The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
I emailed barclaycard who said I only had one statement to pay for and I knew that I did not have any charges on that one so I didn't bother. Do you know if Barclaycard normally do pay the partial settlement, or do they just take it as a full refusal. Just that I need to know when will they put it as I will have to issue my lba with the correct amount in I believe it is £202 that they will owe me. But I do not want to put down a amount only to find out later that they have not paid the partial settlement.
Sorry if that sounds gobblygook
Datxman v Lloyds TSB 2006 ** WON** 27/2/2006 With no conditions Datxman v Capital One 2006
S.A.R - (Subject Access Request) letter sent - July 2006
Non-compliance letter sent - 11/09/2006
enforcement letter sent - 11/09/2006
Statements finally received - 27/09/06
Prelim Letter - sent 28/09/06 - £540
Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds Datxman v Barclaycard 2006 Won no conditions
Just wishing this one either settled or I had a court date I just hate waiting.
Good luck with your claim anyway.
Datxman v Lloyds TSB 2006 ** WON** 27/2/2006 With no conditions Datxman v Capital One 2006
S.A.R - (Subject Access Request) letter sent - July 2006
Non-compliance letter sent - 11/09/2006
enforcement letter sent - 11/09/2006
Statements finally received - 27/09/06
Prelim Letter - sent 28/09/06 - £540
Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds Datxman v Barclaycard 2006 Won no conditions
Well thats £144 paid in to my account just another £200 to go, after partial payment letter sent.
Datxman v Lloyds TSB 2006 ** WON** 27/2/2006 With no conditions Datxman v Capital One 2006
S.A.R - (Subject Access Request) letter sent - July 2006
Non-compliance letter sent - 11/09/2006
enforcement letter sent - 11/09/2006
Statements finally received - 27/09/06
Prelim Letter - sent 28/09/06 - £540
Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds Datxman v Barclaycard 2006 Won no conditions
I have just sent lba lets see what the response is from that.
Datxman v Lloyds TSB 2006 ** WON** 27/2/2006 With no conditions Datxman v Capital One 2006
S.A.R - (Subject Access Request) letter sent - July 2006
Non-compliance letter sent - 11/09/2006
enforcement letter sent - 11/09/2006
Statements finally received - 27/09/06
Prelim Letter - sent 28/09/06 - £540
Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds Datxman v Barclaycard 2006 Won no conditions
Barclaycard have phoned me up at work on two different days and have spoke to one of my work collegues asking them to tell me to phone them back to discuss payment of arrears. What can I do about that, surely it must be in breach of the data protection act.
Datxman v Lloyds TSB 2006 ** WON** 27/2/2006 With no conditions Datxman v Capital One 2006
S.A.R - (Subject Access Request) letter sent - July 2006
Non-compliance letter sent - 11/09/2006
enforcement letter sent - 11/09/2006
Statements finally received - 27/09/06
Prelim Letter - sent 28/09/06 - £540
Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds Datxman v Barclaycard 2006 Won no conditions
I think thats well bad, I would suggest writing to them and coplaining about this with a strong letter. If you feel that you are being harrased there is a letter in the library section about telephone harrassment. I am not 100% sure about the DPA breech, but I would think it is, you will have to read the DPA this is located in the statues section.
They are bang out of order though, a stiff letter following a bit of reading up would be well advised.
Cheers I am in the middle of drafting up a stern letter to them, as the type of job I am employed in, this sort of thing is frowned upon.
So I am so not happy with the lovely people at Barclaycard.
Thanks for the response.
Datxman v Lloyds TSB 2006 ** WON** 27/2/2006 With no conditions Datxman v Capital One 2006
S.A.R - (Subject Access Request) letter sent - July 2006
Non-compliance letter sent - 11/09/2006
enforcement letter sent - 11/09/2006
Statements finally received - 27/09/06
Prelim Letter - sent 28/09/06 - £540
Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds Datxman v Barclaycard 2006 Won no conditions
The letter has gone off today recorded delivery. Now all I have to do is wait for their poor excuses......
Datxman v Lloyds TSB 2006 ** WON** 27/2/2006 With no conditions Datxman v Capital One 2006
S.A.R - (Subject Access Request) letter sent - July 2006
Non-compliance letter sent - 11/09/2006
enforcement letter sent - 11/09/2006
Statements finally received - 27/09/06
Prelim Letter - sent 28/09/06 - £540
Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds Datxman v Barclaycard 2006 Won no conditions
Going down tomorrow to register my claim against them I am also still waiting for a reply about phoning me up at work and saying to my collegues that they need to discuss my arrears on my account with me. I am totally disgusted and I am waiting to fight my/our corner
Part two to follow soon..................!
Datxman v Lloyds TSB 2006 ** WON** 27/2/2006 With no conditions Datxman v Capital One 2006
S.A.R - (Subject Access Request) letter sent - July 2006
Non-compliance letter sent - 11/09/2006
enforcement letter sent - 11/09/2006
Statements finally received - 27/09/06
Prelim Letter - sent 28/09/06 - £540
Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds Datxman v Barclaycard 2006 Won no conditions
Well thats done, went down to my local court and issued a claim against barclaycard so it's just a case of sitting back and seeing what happens.
I'll keep you informed.....
Datxman v Lloyds TSB 2006 ** WON** 27/2/2006 With no conditions Datxman v Capital One 2006
S.A.R - (Subject Access Request) letter sent - July 2006
Non-compliance letter sent - 11/09/2006
enforcement letter sent - 11/09/2006
Statements finally received - 27/09/06
Prelim Letter - sent 28/09/06 - £540
Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds Datxman v Barclaycard 2006 Won no conditions
can I ask what you've claimed? Have you claimed order for provision of statements AND compo?
I have claimed for charges, court costs, SAR request and interest. But not for Compo, didn't know I could.
Datxman v Lloyds TSB 2006 ** WON** 27/2/2006 With no conditions Datxman v Capital One 2006
S.A.R - (Subject Access Request) letter sent - July 2006
Non-compliance letter sent - 11/09/2006
enforcement letter sent - 11/09/2006
Statements finally received - 27/09/06
Prelim Letter - sent 28/09/06 - £540
Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds Datxman v Barclaycard 2006 Won no conditions
Barclaycard has now referred me over to Mercers DCA what should I do about them????confused
Datxman v Lloyds TSB 2006 ** WON** 27/2/2006 With no conditions Datxman v Capital One 2006
S.A.R - (Subject Access Request) letter sent - July 2006
Non-compliance letter sent - 11/09/2006
enforcement letter sent - 11/09/2006
Statements finally received - 27/09/06
Prelim Letter - sent 28/09/06 - £540
Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds Datxman v Barclaycard 2006 Won no conditions
I have just phoned Mercers DCA and told them that I have a case against them filed with the courts, the rather polite lady on the phone asked me was it for the full outstanding amount, to which I replied that I did not need to answer that as the court case is between me and Barclaycard. She asked me for a phone number to contact me on and I told her that I have served a letter on Barclaycard under the harrassment act and that she is by no means getting my phone number.
I also instructed her that Barclaycard have breached the Banking Code by passing my details on to a third party whilst this account wasin dispute. She went silent, it's great when you can hit them with facts and figures and totally baffle them.
She then informed me that I would get a default registered against my name, to which I said no problem I will just get them back to court to remove it.
Then she tried to scare me with my credit rating, I informed her that I would just ask for this to be amended due to the fact that they have broke to then banking code by giving this information out whilst it is in dispute,
The line went quiet and then all of a sudden she said I have put that on your record and send it back to barclaycard.
Job done....for now
Datxman v Lloyds TSB 2006 ** WON** 27/2/2006 With no conditions Datxman v Capital One 2006
S.A.R - (Subject Access Request) letter sent - July 2006
Non-compliance letter sent - 11/09/2006
enforcement letter sent - 11/09/2006
Statements finally received - 27/09/06
Prelim Letter - sent 28/09/06 - £540
Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds Datxman v Barclaycard 2006 Won no conditions
Barclaycard have been served the claim on the 4th January, They have until the 18th to respond - Now were cooking with gas - lol
Datxman v Lloyds TSB 2006 ** WON** 27/2/2006 With no conditions Datxman v Capital One 2006
S.A.R - (Subject Access Request) letter sent - July 2006
Non-compliance letter sent - 11/09/2006
enforcement letter sent - 11/09/2006
Statements finally received - 27/09/06
Prelim Letter - sent 28/09/06 - £540
Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds Datxman v Barclaycard 2006 Won no conditions
) letter on the 02/09/06 and I have recieved a reply today 08/09/06 although they have said they can only go back to 2005 as all the other records are kept on Microfiche, and they will charge £3 per statement.
Time is running out for the banks 
Reply With Quote
Re: Datxman v Barclaycard 2006
Re: Datxman v Barclaycard 2006
Originally Posted by datxman
