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.
1. Sent £10 and letter. Got some statements and microfiche letter back.
2. Put in an estimated claim for £1200 (I have proof of £400 from statements I have)
3. They replied with £203 paid into my account. Claiming difference between charges and £12 oft fee
this figure has been based only on the statements I have.
4. I reply saying not happy want the full £1200
5. Following day Microfiche arguement explodes.
6. Today i get letter saying Thats your lot To clarify you incurred 3 x £15 and 12 x £20 on your barclaycard account. This term barclaycard account doesn't appear to include my bc visa I think and is just more lies from them.
Question is what now.
Do I proceeed with estimated or demand full statements now the microfiche arguement doesn't hold.
Thi is what I sent them folowing a complaint which I submitted to the Information Comissioners Office. Feel free to use any of the wording from it. If the SAR Deadline is over then wrtite to them if you feel they have not fully complied. You will need to adapt this to suit.
Hope this helps
Tanzarelli
[My Name]
[My Address]
..
Mr Adrian Whalley -The Data Protection Manager
Data Protection Team
Department LRC
Barclaycard
Northampton
NN475G
15th December 2006
Account Number:**** **** **** ****
Dear Adrian Whalley,
Following my recent telephone conversations with your organisation I felt it necessary to clarify my position with you.
During the first telephone on 13th December 2006, I was informed by one of your customer account advisors that a letter had been posted to me, first class delivery on the 12th December 2006. I was also informed that the contents of this letter stated that you would be, even if already extremely overdue, supplying me with all of the information which I requested you supply in my original Subject access request (S.A.R - (Subject access request)), but that this would take 28 days to get to me, also that this is as a gesture of good will.
I feel that a few points need to be brought to your attention.
1) My original S.A.R - (Subject Access Request) was dated 3rd September 2003. The original information which I requested should have been supplied within 40 days. As a result Barclaycard has, I believe contravened the sixth data protection principle, as this requires data controllers to process personal data in accordance with data subjects' rights. May I point out that as of todays date it has been 103 days since I submitted my S.A.R - (Subject Access Request) request to you, which if you do the maths, is 63 days in which youve had over and above the original request deadline. May I also point out that, on the 21/11/06 a Royal Bank of Scotland customer wasgranted a county court order in respect of the failure by the Royal Bank of Scotland to comply with his disclosure request under the Data Protection Act. District judge Forrester, making the order commented that had the claimant been able to supply him with the name of the data controller at the Royal Bank of Scotland that he would have added a threat of imprisonment for non-compliance. I suggest you consider your failure to comply carefully, and I require this information to be sent to me within 7 days of the date of this letter.Should there be any further attempts to delay compliance, I will be left with no alternative but to commence a County Court action under section 7, and section 15(2) of the Data Protection Act 1998.
2) It is now 15th December and I still have yet to receive your letter, which you informed me was sent out 1st class delivery on the 12th December 2006. Even with the Christmas post I feel this should have been with me by now. I received a letter from another bank this morning sent 1st class which was also dated 12th December, so this would suggest; you have not sent this and are again deliberately trying to stall this matter further. I suggest you re-send your response letter dated 12th December, immediately.
3) When I phoned your organization on 14th one of your customer account managers read the above mentioned letter out to me. He said referring to the recent decision by the Information Commissioners Office that Barclaycards Microfiche system is a relevant filing system Although Barclaycard reserves its position on this matter, as a goodwill gesture I have requested the statements you require from our National Records Centre. You will receive this information within 28 days. Please accept my apologies for the delay. I must say that I find this patronising to say the least. It is blatantly obvious to me that you are deliberately trying every possible thing you can to stall this matter, so that you can try to decrease the number of charges in which customers should be able to claim, in respect of the limitation act 1980. This will have no bearing on my future claim and you should be aware of Section 32 of this Act, which gives relief to claimants.
Help I'm stuck
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