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.

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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)


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  1. #1
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    Default I've been microfished!!!

    Righteo, surprise surprise B@stardcard have microfished me! They have sent my statements from May 2004 onwards.

    Now my options are:

    1. Send them this letter:
    xx insert name from letter xx
    Regulatory Compliance

    Abbeyicon National plc
    Abbey House
    201 Grafton Gate East
    Milton Keynes
    MK9 1AN

    xx/xx/xx

    Data Protection Act disclosure request

    Dear xxxxxxxxxxx

    Account Number: xxxxxxxxx

    I am in receipt of your letter dated xx/xx/xx, outlining that you database only allows you to provide me with printouts covering recent transactions on my account, and that any earlier information has been archived onto microfiche. (*I also acknowledge receipt of the information you forwarded.) *assuming they have sent you some.

    My request was for a complete list of transactions and charges relating to my account since xx/xx/xx – in short, a list of charges with dates and amounts – alternatively, a complete set of account statements for that period will be acceptable. This should be retrievable from your accounting systems, and easy for you to produce. I will accept a computer print out of these transactions.

    I understand that your microfiche system was recently inspected by a team from the Information Commissioners Office, and that they have ruled that your system is a Relevant Filing System under the terms of the Data Protection Act. I therefore expect you to fully comply with my request within the prescribed 40-day timescale.

    This letter has been sent by first class recorded delivery, and therefore should have reached you by xx/xx/xx (insert next working day after posting) – as you will be aware, as of this date you have just XX days (insert days remaining since they received your original request) in which to comply with my request. As stated above, a complete set of account statements for the period in question will be acceptable; however, I expect this to be provided within the time period for Data Protection Act compliance.

    Should there be any further attempts to delay compliance, I will be left with no alternative but to commence a county courticon action under section 7, and section 15(2) of the Data Protection Act 1998, and in due course, escalate this matter into an official complaint to the Information Commissioner and the FSA.

    Obviously ammend the Abbey part slightly!

    I would put in the date the origional S.A.R - (Subject access requesticon) will expire.

    2. Make a claim for the charges in the statements they have sent and send that letter. I am worried that by doing this i would jeperdise my chance to claim the rest.

    I saw a thread on this recently on the Abbey forum but I'm being a bit of a flid and can't find it. If someone could give me the link I'd be happy as larry!

    Has anyone used the "Hay Barclaycard look what happened to Abbey so sort it out" argument yet?

    Cheers guys,

    Simon.


  2. #2
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    Default Re: I've been microfished!!!

    Not yet - but I intend to the next time I am "microfiched"

    Let's see how that winds them up shall we??

    My CCA skeleton argument to use in court -
    http://www.consumeractiongroup.co.uk...formation.html

    Useful Letters (CCA request is letter N)
    http://www.consumeractiongroup.co.uk...templates.html

    CAG A-Z list of useful places in CAG -
    http://www.consumeractiongroup.co.uk...hat-youre.html

    Introduction to Consumer Litigation -
    http://www.consumeractiongroup.co.uk...er-credit.html
    CABOT THREADS -
    http://www.consumeractiongroup.co.uk...t-threads.html

    ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

  3. #3
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    Default Re: I've been microfished!!!

    I phoned the IM's office in Cheshire yesterday, the person I spoke to told me that they were still "having discussions" with Barclaycrud about the mircofish situation.

    Their 40 days have expired for my SARicon and she told me just to send an official complaint to the IM and they would take things from there.


  4. #4
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    Default Re: I've been microfished!!!

    Youre luckier than me, simon. They sent me the May2004 microfish blx letter, but the bu99as then only sent me out statements from Aprril 2005!

    They cant even be obtructive with any consistancy!


  5. #5
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    Default Re: I've been microfished!!!

    But the charges in those statements, if averaged out over the last 6 yearsicon work out at .83 charges per statement!

    (Should I put an estimated claim in for 60oddx £20 charges plus 6 years contractual interesticon?)


  6. #6
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    Default Re: I've been microfished!!!

    noom - it's their way of stalling you etc.. - you can complain to the information commissioner - if you go on the Abbeyicon threads you'll see loads of similar talk in there of this microfiche stuff - don't be disheartened and fobbed off - have a read around and put in an official complaint - I am sure there is a complaint form on here somewhere in a sticky (I am hoping someone can come in here and put a link to it for you) - there is even some stuff of what to put on the complaint forms on the abbey threads which may help you a little.

    Seems these companies will always find excuses? Just fight them back and let them know you know they were wrong!!!

    My CCA skeleton argument to use in court -
    http://www.consumeractiongroup.co.uk...formation.html

    Useful Letters (CCA request is letter N)
    http://www.consumeractiongroup.co.uk...templates.html

    CAG A-Z list of useful places in CAG -
    http://www.consumeractiongroup.co.uk...hat-youre.html

    Introduction to Consumer Litigation -
    http://www.consumeractiongroup.co.uk...er-credit.html
    CABOT THREADS -
    http://www.consumeractiongroup.co.uk...t-threads.html

    ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

  7. #7
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    Default Re: I've been microfished!!!

    Hello elizabeth! up late as well? I sent off the complaint to the IM's office yesterday.

    The nice lady I spoke today gave an audible sigh when I mentioned Barclaycrud and the infamous microfish monster!

    I think they are losing very rapidly patience with the crowd of gangsters in Churchil Place!


  8. #8
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    Default Re: I've been microfished!!!

    or even very rapidly losing patience with them! (Its late, Im off to bed!)


  9. #9
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    Default Re: I've been microfished!!!

    Noom - people will lose patience - even the courts where people are needlessly having to file cases to get their money back etc.. - you see as word is spreading now more people are claiming etc.. - so the banks complaints depts are very busy??

    But like we know - eventually these companies will have to fall in line - not many more excuses they can come out with are there?

    Nite - my bedtime too - I get so engrosed reading what these banks are up to - I spent hours here again tonight!!

    My CCA skeleton argument to use in court -
    http://www.consumeractiongroup.co.uk...formation.html

    Useful Letters (CCA request is letter N)
    http://www.consumeractiongroup.co.uk...templates.html

    CAG A-Z list of useful places in CAG -
    http://www.consumeractiongroup.co.uk...hat-youre.html

    Introduction to Consumer Litigation -
    http://www.consumeractiongroup.co.uk...er-credit.html
    CABOT THREADS -
    http://www.consumeractiongroup.co.uk...t-threads.html

    ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

  10. #10
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    Default Re: I've been microfished!!!

    Yes, elizabeth, its very addictive reading all this. Never thought that the law could be so interesting! Maybe I missed my calling.


  11. #11
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    Default Re: I've been microfished!!!

    The form for a complaint to the Info Commisioner is on their website - you can fill it out electronically and send it via the web if you have no supporting documents (or electronic docs) but I had a hard copy letter to include so printed out the form and sent it snail mail. Not heard back yet so I'll chase it tommorrow but I suspect the IC is overrun at the moment with B@stardcard complaints.

    The form is here: http://www.ico.gov.uk/upload/documen...laint_form.doc

    or if you're filling it out by hand:
    http://www.ico.gov.uk/upload/documen...aints_form.pdf

    Hope that helps

    The Badger


  12. #12
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    Default Re: I've been microfished!!!

    See the information posted in the sticky area of the Barclaysicon / Barclaycard forum - someone has a letter from the IC with a judgement that the microfiche records are a "Structured and Relevant Filing System"

    So its official - they have to send them to you!

    ;0)


  13. #13
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    Default Re: I've been microfished!!!

    Not only that, but the Informatuion Commissioner is encouraging those microfished to persue Barclaycrud for damages.

    I wonder if we should include this action in with our action to reclaim charges etc?

    http://www.consumeractiongroup.co.uk...hey-wrong.html



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