Thread: nas2211 v Barclaycard

Hi all,

After reading lots of peoples threads I sent my SAR to Barclaycard just before Christmas. Should get my statements by the end of the month I hope.

In the meantime, I've got a bit of a query I hope someone could help me with. I'm currently over my credit limit by about £400.00. This happened before about 3 years ago and I cleared the entire balance in full which was around £1500.00, a fair chunk of which was charges (late payment & over limit). My current balance also includes another big chunk of charges from late payment & over balance.

The amount of charges I will be reclaiming will be partly from the balance I previously cleared, and partly from my current balance. My question is will Barclaycard apply the refund of charges to reduce my current balance, or will i be able to receive a cheque/bank debit for the charges I incurred and then paid off in full?

I'd be very grateful if anyone could help,

Cheers, love nas2211 x


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When I claimed against MBNA they wrote back saying they had credited my credit card account with a goodwill payment of so and so...

I told them to do one and give me the cheque instead, which they gratefully obliged.

Excellent, cheers for that Jimbo. I'd much rather get the cash and then decide how to use it rather than barclaycard decide for me!

Still haven't received the statements so today wrote to Barclaycard reminding them that they only have 14 days to provide me with the info or I'll make a complaint to the Information Commissioner.

Fingers crossed it'll all turn up soon because I want to get the ball rolling on this one!

The deadline for Barclaycard to provide my statements by was the 29 January and i haven't received them.

I sent a polite but firm reminder on 14 Jan telling them they had 14 days of the 40 days remaining.

I received a letter from Lindsay Hilton, Data Protection manager, on 18 Jan confirming they had received my request and that I would received the info within the 40 day timescale.

I was surprised then that the deadline passed without the statements being sent so I telephoned Lindsay yesterday on 01604 254518 to chase them up. Lindsay was unavailable but left a number for Adrian Whalley to be contacted on instead.

I spoke to a very harassed Mr Whalley (now that's a comedy name if ever I heard one!) who told me very bluntly that due to the high volume of requests they'd received it was impossible for them to meet the 40 day deadline, and that he had informed the Information Commissioner of this too. He implied that the Information Commissioners office was understanding of this but was very vague as to whether that meant a complaint could not be lodged against Barclaycard for failing to meet the deadline for my SAR.

I received a letter today from Mr Whalley telling me that the 40 day deadline was about to expire (as if i hadn't realised that!) and that I should received the statements 'as soon as they can'

I'm still very unhappy about this as Mr Whalley was unable to give me any timescale as to when the statements will be received, and was mightily unhappy when I said I would give him another call on Friday if they hadn't been received!

Has anyone else had any experience of this from Barclaycard? Seems as though they can't handle the pressure! :o

Adrian Whalley is responsible for all Barclaycard SAR requests and can be contacted directly on 01604 254663 or 07920 267281 if anyone needs to chase up their late info.

Can anyone tell me if I should still make a complaint to the Information Commissioner or not?

Thanks, Nas

Thanks myzeejon88 & T4FF, I've had a read through some other threads and have decided I will make a complaint to the ICO. I guess if everyone does it, even though BCard say they can't handle the pressure, perhaps the ICO will lean on BCard to employ more people to handle the requests!

Will update you when I eventually receive the statements.....

Hi all,

I finally received my statements today and have calculated Barclaycard owe me £704.00 over limit and late payment charges.

Am sending my 1st refund request letter today and will update you when I get a response.....

Is this likely to mean Barclaycard will ignore my request while they wait for the OFT report?

Probably, but so what. They won't be able to ignore a Notice of Service from the county court

£12 is still unlawful and doesnt stop people from claiming those back. OFT are not the law.

Okay thanks guys. I'll wait it out for Barcalycard's response and just follow my own schedule.

Court papers filed at local county court yesterday. Just waiting for it to be issued now.

Hi all,

Bit of an update:

My case was issued and barclaycard responded with a standard defence.

I've been given a court date of 2nd August 2007 and court bundles have to be provided no later than 14 days before that date so I'm getting on the case and starting to prepare it now.

I'm concerned that I'm unable to find relevant copies of their terms and conditions. Would it be appropriate if I sent a letter to Barclaycard's legal department requesting they provide a copy of them as I intend to rely on them as part of my evidence and then if they don't I can say to the judge they didn't comply to my request? Or do I need to make an order for them to disclose them?

I'm quite anxious about getting this right after what happened with the Lloyds case and my letters to B'card were written before the prelim/lba letter templates changed requesting they provide a copy of them so I haven't previously asked for them.

Any help gratefully received