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I refer to your letter of 15 March, which was passed to me for comment in regard to the above legislation.
Please be aware that Barclays is not under an obligation to present the information according to any particular format. Therefore your request to assemble a schedule of charges is turned aside. You may of course obtain this data from copy statements and I can confirm that these have been ordered on your behalf and will be supplied without charge.
In the circumstances, your cheque for £10.00 is returned herewith. However, I am aware of your mention of information arising from "Manual intervention" and would endeavour to obtain records in this respect if you were to explain what you mean by this term. In the event that further information is indeed required, the above fee will become payable and must be returned with your response.
If the statments do turn up, I will continue with the claim but am concerened that they are trying to avoid providing data regarding Manual intervention. It seems they are trying to be difficult by claiming not to understand what this means!
Any help with how I should word a reply to them, that they cant mis-understand whould be much appreciated.
Yes carry on when you get the statements. They are being difficult about manual intervention aren't they. Probably a stall ing device. I suggest that you write back saying you wish to see what intervention was made on the imposition of each charge. Send them the chque again.
The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.
The response which you have received concerning is quite adequate. It indicates very clearly that they don't understand what you mean by "manual intervention". This can only be taken to mean that there is none.
You have achieved your objective.
If they later on happen to raise manual intevention in a defence, you can produce this letter to refute it and to demand evidence from them that it is routinely carried out.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Ok, thanks Bankfodder, have sent a copy as requested.
Is there any chance they may raise the issue in court, but simply call it something else? Such as "human involvement" or something?
Should I try to clarify this, or would the court see that Barclays are simply playing with words here and could not possibly have genuinely misunderstood my original request?
I'd say it's just another delaying tactic, send them back your cheque, and request the information stating that they are obliged under the DPA to provide ALL information regarding your account in whatever format they hold it, remind them your letter stated Manual intervention IF there was any, their inability to understand this simply points to the fact that there was NO manual intervention, since they seem not to understand it's meaning, therefore it cannot have taken place in any form.
Remind them they now have x number of days to respond.
I edited my DPA letter to cover these delays, it's in my thread.
I have received a similar response from Tesco Personal Finance - " Please explain your interpretation of the term "manual intervention" and advise your exact requirements in this respect"
Thanks for advice in thread - I will write back accordingly
Cant you just ask for any notes that are held on your file? I used to work for an insurance company and obviously when we made decisions about renewals etc we use to write notes on the clients policy explaining our decisions
I received a letter from Barclays who say “ without any admissions to the basis of your complaint” have offered half of what they owe me as " a gesture of goodwill".
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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
Click on the above link to place your order - payment by Paypal.
_________________________ _______
Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
Re: I have been offered half what is my next move?
Write back and tell them thanks very much but you want 100% back and as a gesture of goodwill on your part you will not submit the court papers if they respond within 7 days thus saving them the 8% plus court costs
Click on the above link to place your order - payment by Paypal.
_________________________ _______
Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
I have at last been given a court date for my claim against Barclays 15 December. The court has instructed that "each party must deliver to every other party and the court office copies of all documents on which that party intends to rely at the hearing".
Have a look at the Guidance notes on this site by Bankfodder and the team,at the top of the page.All you will need is there.Read all of the FAQ'S as well.Read this site over and over for hours.The knowledge you will pick up is enormous.
There is also a recording of lloydstsb bank executive which is quite interesting you can download.You probably won't need to go to court as the banks normally settle.Disclosure by them on true costs may open the floodgates if they lose.
Remember: The Ark was built by amateurs-The Titanic by professionals.
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Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.
WARNING TO ALL
Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers
HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?
YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.
Just a quick note to say thanks to the guys on the site for their help. I have donated to the cause with the money, Barclays have kindly returned to me.
To everyone I would say keep going.
Dont give up, I was within a week of my court date, and Barclays called and offered me my money, dont accept anything less than what you are entitled to.
Statement request 4th May
Prelim Letter sent 24th May
LBA 7th June
Thanks but no thanks letter sent 22 June
MCOL 22nd June
Claim acknowledged 26 June
AQ sent 2nd August
17 Nov Court Date Set for 29 Jan 2007
Settled in full 12/12/06