Barclay Card - returned some payments without writing back.

**sandra05** · 7th November 2006 13:01

Hello

I am a bit confused about my claim with Barclay Card.

15.9.06 - sent letter requesting statement for 6 years icon

.

29.09.06 Received two years only one week later with them quoting they
cannot go further back as all files are archived. Went on holiday icon

for 3 weeks

27.10.06 - I sent letter back advising them that I will start a claim for the statements I have £520.00 but the information commission has stated in a case against Abbey icon

National etc that this microp is a relevant filing system therefore I am entitled to these.

6.11.06 - Visa statement received today with a credit of £224.00 for refund of chages.

I have not had anything in writing from them advising they are refunding this and why only £224.00 - Do I chase them up for the rest of the statements and the balance of the £520 or wait until they get back to me.

thanks

sandra

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**skbuncks** · 7th November 2006 13:18

Bcard do this lots, what they do is refund the difference between the charges you have been fined and the magical number of £12 which they seem to think was recommended by the OFT - it wasnt. So if you had say 10 charges of £20 pound each they would refund you £80 ((10x20)-(10x12)=80). From the amount they've refunded you it would appear they've refunded 28 charges whereas your sum of £520 equates to 26 charges. So I have a couple of questions

1) Did you state in your letter you were only claiming charges from may 2004 onwards?
2) Have you double checked your statements cause you may have missed a couple of charges?

Your next steps
1) You should recieve a letter from them saying they have refunded the difference between £12 and the £20 you were charged. You should reply to this stating you only accept this as a partial refunded and that action will continue until you recieve the full amount
2) Send them your lba icon

, with a revised amount subtracting whats already been refunded
3) Pursue the rest of the statements pre may 2004 and report them to the OFT for DPA non compliance - for this one it may be a while before you get anymore statemnts out of them so may be worthwhile estimating yor charges pre may 2004 and adding them to your claim. If they want to dispute the estimate then they'll have to produce the statemnts. Remember if you do estimate dont UNDER estimate

hope this helps a bit

**sandra05** · 7th November 2006 14:28

Hi Skbuncks

Thanks for your reply. I am just surprised that they refunded anything at all and so quick. There is a lot of threads in here with people having problems with Barclay and I have received some form of refund with only 2 letters.

I wrote in the letter I was claiming from September 04 to September 06 and when the rest of the statements were received pre 04 I will be claiming on these if there was any charges listed. I have not missed any charges from that statements but there is a few months missing which I have requested these as well for 05.

I will wait until the end of next week to see if I get anything in the post as I only wrote to then on 27.10 giving them 14 days notice.

I will let you know what happens.

thanks

Sandra

**sandra05** · 8th November 2006 11:58

Morning Skbuncks

Received letter this morning from Barclaycard still refusing to issue statements prior to 2004 unless I pay £3.00 per statement. Still stating that statement are not retained in a relevant filing system and does not fall under the data protection act. Also We believe that our charges are both fair and transparent, and we make them clear in our terms and conditions icon

, and on the reverse of every monthly statement.

As a goodwill gesture icon

and without admission of liability barclaycard is prepared to credit to your account between the amount of charges that you are claiming and the £12 fee recommended by the oft.

I am sending my letter accepting this as a partial payment today and a letter accepting the £3.00 charge.

Oh I got a second letter from them advising that since I was a valued customer I would be eligable for £80.00 petrol voucher if I sign up to their discount scheme. No thanks

sandra

**skbuncks** · 8th November 2006 13:16

Hi Sandra
The missing charges are probably in the statements your missing for 2005, you should hopefully recieve them soon.
I would hold off on paying for statements pre May 2004 for the time being, see below

http://www.consumeractiongroup.co.uk...rclaycard.html
Dear All

Just a small update, I spoke to the ICOs office today (7/11/06), they are expecting to write to those who complained in the next week or so, yeah I know we have heard that before with Abbey icon

, if its any comfort my contact acknowledges that fact that she has told me this before.

Anyway I am sure that the letters will go out soon, I haven't heard anything to suggest that the Information Commissioners Office has changed its position since they sent the Abbey letter out.

On that basis it seems most filing systems are relevant including the fiche used by Barclaycard.

Something worth pointing out is that on the abbey thread there was some confusing about what is going to happen when the Information Commissioners Office makes its decision.

They will write to those who have complained but they wont be making a formal report. They will be issuing new guidance but there isn't a date for the publication of this so if you are waiting for fiche from Barclaycard and the 40 days has expired and they haven't responded to the lba icon

you can write to the Information Commissioners Office to complain and or take them to court. Up to you.

Glenn

So as you say give them to the end of the week and then report them to the ICO, its a simple online form I believe and can be done here Data Protection Complaints â€“ Information Commissionerâ€™s Office (ICO)

skb

**sandra05** · 9th November 2006 00:24

Hi Skbuncks

Thanks for that, This is a great web site , you get better information in here than going to a solicitors or CAB. I wish I knew about this site 2 years ago instead of paying solicitors thousands for them to fill in forms incorrectly and loose me my tribunal dispute.

Will keep you posted.

Sandra

**sandra05** · 9th November 2006 00:26

Hi Skbuncks,

Thanks for that. I will let you know what happens.

Sandra

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