sally v barclaycard "WON"

**sallysas** · 29th November 2006 18:11

Only done some reading on this sub-forum but I feel in my waters Barclaycard is going to be an interesting experience. Here we go then. SAR icon

sent via Royal Mail using their free Proof of Posting

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**nicethan** · 29th November 2006 19:42

good luck sallysas.
hope you dont get the letter i got back of them asking for further details ie: more address details etc etc.
im sure you will be fine though and get your statements still waiting for my reply after giving them more details
nicethan

**sallysas** · 10th January 2007 19:47

Right time to get stroppy. Data has failed to arrive so letter 3 from the templates library icon

will be in the post tomorrow. Had a disapponting day at work so this will make me feel better.:-|

**charliekroker** · 10th January 2007 20:04

Can anyone help I have managed to get 2 years worth of statements off barclaycard but they are saying that the info they have on microfiche is not available is there a form i can use to get this info off them

Cheers

M

**sallysas** · 10th January 2007 20:59

Does this information go back more than 6 years icon

? I seem to recall reading a thread that if information is held on microfiche there is some reason banks cannot supply this.

**sallysas** · 10th January 2007 21:15

I sent my original letter to PO Box 5592 Northampton. Did I do wrong? Should I have sent it to the London address or is that just for Barclays icon

Bank

**sallysas** · 11th January 2007 21:09

Bump. If I hear nothing sending it off to Northampton tomorrow

**sallysas** · 20th January 2007 10:50

It worked!!!! Not knowing what kind of legal giant they are dealing with

my data arrived this morning. 7 days precisely. Maybe I will be lucky before the summer holidays icon

.............

**sallysas** · 20th January 2007 22:25

They only sent me data from January 2001. My original request goes back to November last year. Charges do not start till August 2001 so I will not loose any sleep wondering if I have anything before this. They are trying to be bolshy about the Information Commission aren't they 'we take a different view.... on whether these fall within the defination of "relevant filing system" as set out in the Act'.

So Prelim letter going out on Monday.

Before that though. My monthly rate of interest icon

had been 1.385% from January 2002 to January 2004 when they put me on a payment plan and charged me 1%. I am going to claim 'out of order charge' from September 2004 but from October 2005 I was charged no interest at all as they reached an agreement via the CCCS. Do I claim staturory interest and how do I work out the correct figure. Thanks Sally

**sallysas** · 21st January 2007 01:00

Worked it out on monthly statutory figure. I had a consolidation % figure which I have not included in monthly figure. I rounded up or down where appropriate. Am I right in assuming I 'hide' the 8%/total claim/daily interest icon

rate in pence until I get to court? Sorry about this but can't find a thread where anyone has detailed this process.

**sallysas** · 21st January 2007 19:47

Right. Forget about statutory, going to claim the simple compound contractual.

My first charge goes back to 17/08/01 the interest icon

is 1.492%. As asked above do I leave off the consolidation %?
The rate changes to 1.456% the following months and alters for the last time 17/07/02 to 1.385% until I come to an arrangement with Barclaycard on 04/11/04 when they charge me 1.00% until I am charged nothing from October 2005 when CCCS made payments for me.

I am really thinking out loud people but I have spent 3+ hours reading "Why is no one claiming the contractual rate of interest" threads and my head is spinning. Am I right is thinking that all these different interests add up to what would be the total % of interest for the life of my claim? (This adds up to 29.179%.) I am proposing using this lower rate of interest (if it is) in my prelim and when they knock me back claiming the current higher authorised rate as I can tell the judge (if necessary) that I offered to settle for a lower amount.

As stated my first charge was incurred 17/08/01 but my data request was sent off in November 2006. Which date should I use for the start of my claim. I only received statements from January 2001. Thanks in advance. No way will I be sending prelim off tomorrow. Loads more reading to be done.............. Sally

**sallysas** · 22nd January 2007 19:37

Bump!!

**sallysas** · 6th February 2007 22:03

Loads more reading done now so I feel confident in claiming contractual interest icon

. Just to prove I am not having a blond moment people, could someone confirm that Vampiress's spreadsheets are still offline. Life is on hold in all sorts of ways this week....................

**nevos** · 6th February 2007 23:56

Hi, you can get a spread sheet from here CAG members if it helps.

**sallysas** · 4th March 2007 14:38

Right people, finally ready for the next stage with this one. Never mind the ramblings of that jibbering idiot above (moi) I have decided to apply the cash advance figure. Does anyone know off-hand what this is? Using Vamp's no 13 spreadsheet. (Thanks for your suggestion Nervos.) Can't cope with advanced, particularly if I have to justify it to a judge. Have also put this into 'what I require' section.

I calculate that you have taken £XXXXX plus £XXX which you have charged me in contractual compounded interest icon

for the sum which you have taken. Total £XXXXX . The accounts terms and conditions icon

specify the interest payable on cash advance drawings from the account. I believe this applies to cash advance drawings by yourselves as well as cash advance drawings by me. I therefore believe that I am entitled to ask for this rate and further that it is justifiable under the principle of mutuality and reciprocity, and is based on your cash advance interest rate that would be applied under the terms of the above mentioned account. I enclose a schedule of the charges which I am claiming with this letter

Another query (collective groan). Is there any reason why I could not go back and ask for data going back to when I opened this account over 10 years ago once I have finished this claim. Many thanks, Sally

**nevos** · 4th March 2007 17:37

Hi Sallyass

, you can claim back if you have the statements? The bank won't give you them under the statute of limitations icon

past 6 years.

**sallysas** · 4th March 2007 22:17

Who's this sallyass?

I will be claiming 27.9% cash advance. Just wondered if I could go further back in time. Glen UK complained and ended up with more than 10 years. Better read it again to make sure. Nothing like putting yourself under pressure. Maybe s32 of limitations act will give me some info.

**PhantomReclaimer** · 5th March 2007 11:29

Originally Posted by nevos

Hi Sallyass

, you can claim back if you have the statements? The bank won't give you them under the statute of limitations icon

past 6 years.

Limitation Act dosen't apply to a SAR icon

. If you ask for a list of all your charges (or copy statements in the alternative) then they have to produce all of them, regardless of age, unless they can show that one of the examptions in the Data Protect Act applies.

P.

**sallysas** · 17th March 2007 19:35

Had a reply today.

'............ I must inform you however, that we disagree with your legal analysis.' I'm claiming over £1400 and they have offered me - wait for it - £178.00 being the difference between the charges and the current £12 fee.

I'm not sure which world they inhabit, cloud cuckoo?

Never mind, Halifax icon

capitulated today and gave me over £4000 back. When I come down to earth, lba icon

will be sent.

**sallysas** · 23rd March 2007 15:47

I've still got a lovely warm glow after my success with Halifax icon

. But after 'Whistleblower' this is no time to let things slide regarding Barclaycard. lba icon

going off tomorrow. £178!!!!! indeed. It does make you wonder though just how many people out there, not knowing of this wonderful site would have caved in with that letter, which by the way did not even have a name on just 'yours sincerely Customer Services'. Now that is just rude. If they take too long to settle I will be telling cccs that there is nothing outstanding and the money Barclaycard are currently getting can go towards some of my other creditors.

Hope everyone else is also feeling positive.

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