Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)



Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE
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  1. 14th September 2006 13:04 #1
    neilbass neilbass is offline
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    Default Morris 2 v Barclaycard

    New thread started for my wife's claim.....looking forward to getting more money back from Barclaycard

    Similar Threads:
    Morris v Halifax
    Data Protection Act letter sent 20/6
    Charge deducted from account 27/6
    6 yrs statements received 25/8
    Prelim sent 30/8 (£1014 charges + £156.11 interest).
    Std reply & complaints leaflet received 5/9
    Offer received £70 9/9
    LBA sent 12/9
    No reply to LBA - MCOL requested 26/9
    Offer received 26/9 - £218.
    MCOL issued 26/9, acknowledged 29/9
    Offer 29/9 - full amount ex. o/draft interest
    Accepted as partial
    Credited to account 12/10
    AQ sent for rest
    Morris1 v Barclaycard
    Prelim letter sent 31/8 (£60 charges + interest).
    Standard reply 9/9
    Offer 12/9 - full amount!!
    Morris 2 v Barclaycard (Mrsbass!):
    Data Protection Act letter sent 7/9
    Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.
    Prelim 20/9 £100+interest actual, +same estimated.
    LBA 3/10
    Partial offer £48 6/10
    Reply With Quote Reply With Quote
  2. 19th September 2006 22:12 #2
    neilbass neilbass is offline
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    Default Re: Morris 2 v Barclaycard

    Update - standard reply received with statements May 2004 to date.

    £100 charges plus interesticon in that period. Prelim going tomorrow including the same amount estimated for the previous 18 month period.

    Lets face it if my estimate is wrong they'll let me know pretty quick as its now so obvious that they can just look up our actual charges for any period they want.

    Amended the prelim wording quite a bit re failure to comply with SARicon / estimated charges etc. Made it clear I'm not paying the £3 per statement. And also made it very clear I consider they are simply deliberately misinterpreting the DPA with their microfiche argument.

    Does feel like banging your head against a brick wall sometimes though?
    Any news on any ruling from the Information Commisioner?

    Morris v Halifax
    Data Protection Act letter sent 20/6
    Charge deducted from account 27/6
    6 yrs statements received 25/8
    Prelim sent 30/8 (£1014 charges + £156.11 interest).
    Std reply & complaints leaflet received 5/9
    Offer received £70 9/9
    LBA sent 12/9
    No reply to LBA - MCOL requested 26/9
    Offer received 26/9 - £218.
    MCOL issued 26/9, acknowledged 29/9
    Offer 29/9 - full amount ex. o/draft interest
    Accepted as partial
    Credited to account 12/10
    AQ sent for rest
    Morris1 v Barclaycard
    Prelim letter sent 31/8 (£60 charges + interest).
    Standard reply 9/9
    Offer 12/9 - full amount!!
    Morris 2 v Barclaycard (Mrsbass!):
    Data Protection Act letter sent 7/9
    Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.
    Prelim 20/9 £100+interest actual, +same estimated.
    LBA 3/10
    Partial offer £48 6/10
    Reply With Quote Reply With Quote
  3. 3rd October 2006 13:39 #3
    neilbass neilbass is offline
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    Default Re: Morris 2 v Barclaycard

    Update - no response to Prelim letter.

    lbaicon posted today 3/10.

    Morris v Halifax
    Data Protection Act letter sent 20/6
    Charge deducted from account 27/6
    6 yrs statements received 25/8
    Prelim sent 30/8 (£1014 charges + £156.11 interest).
    Std reply & complaints leaflet received 5/9
    Offer received £70 9/9
    LBA sent 12/9
    No reply to LBA - MCOL requested 26/9
    Offer received 26/9 - £218.
    MCOL issued 26/9, acknowledged 29/9
    Offer 29/9 - full amount ex. o/draft interest
    Accepted as partial
    Credited to account 12/10
    AQ sent for rest
    Morris1 v Barclaycard
    Prelim letter sent 31/8 (£60 charges + interest).
    Standard reply 9/9
    Offer 12/9 - full amount!!
    Morris 2 v Barclaycard (Mrsbass!):
    Data Protection Act letter sent 7/9
    Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.
    Prelim 20/9 £100+interest actual, +same estimated.
    LBA 3/10
    Partial offer £48 6/10
    Reply With Quote Reply With Quote
  4. 7th October 2006 12:32 #4
    neilbass neilbass is offline
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    Default Re: Morris 2 v Barclaycard

    Update - immediate response to lbaicon. Letter saying they replied to Prelim but it was returned undelivered by Royal Mail. hmmm very likely!

    They have credited the account with £48 (detailed as £8 difference between £20 and OFT £12 x 6 charges).

    From the statements from May 04 to date there are 5 charges (£100). I estimated similar for the preceding period. Seems they are saying there were only 6 charges total - but they still haven't provided anything to tell me when the other charge was.

    Going to write accepting as partial, repeating I will take them to court for the remainder plus interesticon, still using my previous estimate figure unless they provide me with the pre-May 2004 data as previously requested.

    And of course if I raise the claim I get to include the 8% s69 interest - bonus!!

    Morris v Halifax
    Data Protection Act letter sent 20/6
    Charge deducted from account 27/6
    6 yrs statements received 25/8
    Prelim sent 30/8 (£1014 charges + £156.11 interest).
    Std reply & complaints leaflet received 5/9
    Offer received £70 9/9
    LBA sent 12/9
    No reply to LBA - MCOL requested 26/9
    Offer received 26/9 - £218.
    MCOL issued 26/9, acknowledged 29/9
    Offer 29/9 - full amount ex. o/draft interest
    Accepted as partial
    Credited to account 12/10
    AQ sent for rest
    Morris1 v Barclaycard
    Prelim letter sent 31/8 (£60 charges + interest).
    Standard reply 9/9
    Offer 12/9 - full amount!!
    Morris 2 v Barclaycard (Mrsbass!):
    Data Protection Act letter sent 7/9
    Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.
    Prelim 20/9 £100+interest actual, +same estimated.
    LBA 3/10
    Partial offer £48 6/10
    Reply With Quote Reply With Quote
  5. 7th October 2006 12:41 #5
    wendypowell62 wendypowell62 is offline
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    Posts
    59

    Default Re: Morris 2 v Barclaycard

    My husbands charges came to £500 and then I to estimated the rest (pre may04) came in at £1152. Its now up to them to prove by sending me the info that this estimate is wrong. I think if we all do this and prehaps over estimate then B/C might start sending out the relevent info.

    Cap One (me)
    Data Protection Act sent 15/08
    Prem letter sent 23/09 £800
    Partial offer £312
    LBA sent 04/10
    File at court 27/11
    /B/C (me)
    Data Protection Act sent 18/08
    Account pre may 04 ordered statements
    11/09

    B/C (old mans)
    Data Protection Act sent 18/08
    missing statement letter 29/08
    Prem letter sent 26/9 £500 + £1172.00 Est

    Nat West (joint)
    DPA letter sent 28/07
    LBA non-compliance letter 11/09
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  6. 7th October 2006 12:47 #6
    neilbass neilbass is offline
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    Default Re: Morris 2 v Barclaycard

    I agree - and they make no reference in their letter to my estimate. They just imply there were only 6 charges by refunding the £48.

    They are strangely inconsistent though as on our other account they refunded the full £20 charge x 3 immediately, without mentioning the OFT £12 recommendation (which they continue to misconstrue).

    Morris v Halifax
    Data Protection Act letter sent 20/6
    Charge deducted from account 27/6
    6 yrs statements received 25/8
    Prelim sent 30/8 (£1014 charges + £156.11 interest).
    Std reply & complaints leaflet received 5/9
    Offer received £70 9/9
    LBA sent 12/9
    No reply to LBA - MCOL requested 26/9
    Offer received 26/9 - £218.
    MCOL issued 26/9, acknowledged 29/9
    Offer 29/9 - full amount ex. o/draft interest
    Accepted as partial
    Credited to account 12/10
    AQ sent for rest
    Morris1 v Barclaycard
    Prelim letter sent 31/8 (£60 charges + interest).
    Standard reply 9/9
    Offer 12/9 - full amount!!
    Morris 2 v Barclaycard (Mrsbass!):
    Data Protection Act letter sent 7/9
    Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.
    Prelim 20/9 £100+interest actual, +same estimated.
    LBA 3/10
    Partial offer £48 6/10
    Reply With Quote Reply With Quote
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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE