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.
I am writing to again request a fully comprehensive list of all the default charges for overdue payments, over-limits or unpaid debits/standing orders/charges I have paid since my account with you was opened in June 2003
Please find enclosed another cheque for the maximum statutory charge of £10. If you are unable to provide this data, I will accept a copy of my statements going back to June 2003; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the charges, which I’m entitled to by law.
I look forward to your response within 40 days of 14th December, as Barclaycard is obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.
You will note from the telephone records on my account both today and on previous days that I have already made a Subject access request (my letter dated 12th December, and received by Barclaycard on 14th December, is attached for your reference)
This initial letter was sent to the department that a representative of Your Company advised was the correct one within the Barclaycard group (again, please check your telephone records for 12th December when I was explicitly given this address which I have now been informed is incorrect).
Fortunately, my letter was clearly received by Barclaycard as my cheque for £10 was cashed…..and then nothing happened.
Having been cashed, the cheque was paid into my closed account (which has a zero balance).
I called Barclaycard shortly before Christmas and was advised by one of your operators (his advice was not immediately forthcoming, he had to put me on hold on several occasions to “clarify certain informations (sic)” ) that my letter had been received and that the statements had been requested and would be with me “within the deadline I had set”.
I am fascinated that, when I called again today, I was told that my letter had now not been received (which clearly it was otherwise you wouldn’t have been able to cash my cheque!) and that I was given “incorrect” information during my previous call.
It is disappointing that your call centre is unable to understand the nature of requests made under English Law and appear to be ignorant of the provisions of the Data Protection Act, as I was then told I would have to pay £3 each for “older statements” which is clearly a breach of the S.A.R - (Subject Access Request) provision of the Act and as such I shall ignore it.
The cheque rested in my closed account until I called again today. The cheque did not have my account number written on it so there is absolutely no way it could have been processed by an “automated” system (as claimed by another of your telephone operators today) which means ipso facto somebody at Barclaycard Northampton MUST have read my letter and should have acted accordingly. However, there is absolutely no record of any action being taken (other than my cheque being cashed).
One of the supervisors in your overseas call centre kindly refunded the £10 cheque to me this evening together with a goodwill payment of a further £10 for my distress and inconvenience – whilst this appears to me to be an easy way for me to make money from Barclaycard I trust that this follow up S.A.R - (Subject Access Request) request will be dealt with in a more professional manner.
As such it should be clearly understood by you that my S.A.R. was made on 14th December and as such Barclaycard is obliged to reply by 25th January ( I will allow you 2 extra days to allow for the New Year Bank holiday) under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.
I am seriously tempted to go for a tenner a month profit and just keep sending the S.A.R - (Subject Access Request) to the "wrong" address, as I dont have many charges with BCard so could get it all back this way instead!!!!! :grin: :grin: :grin: :grin:
Re: "Chorlton vs Barclaycard" or "How to make a quick tenner"
How sweet - BC rang me today and asked me if I wanted to make a formal complaint about my cheque being paid into my account and that they are sending me their complaints procedure.....it is soooooo tempting!
If you think my advice has been helpful, please click on the scales to the left thank you!
Non illegitimi carborundum
I wish I was a glow worm, A glow worm's never glum!
How can you be grumpy, when the sun shines out yer bum?!
Amex * 2 *** WON *** Settled
Marbles ****WON*** In full settlement
Capital 1 ***WON*** In full settlement
MBNA ***WON**** In full settlement
Barclaycard ***WON*** In full settlement
Barclays Bank - ***WON*** In full settlement
Abbey ***WON*** In full settlement
Abbey (Mrs Chorlton) ***WON*** In full settlement
Abbey (Mr and Mrs C) - MCOL submitted 16/5/07