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.
Fresh from my major settlement from the Halifax, I'm now coming after the Barclay Boys... SAR written, cheque enclosed and will be posted today.
Only thing is, as I live on an island and the ferries have been cancelled today due to the high winds, do I still count just two days for BC to receive it? My answer is - yep!
HALIFAX 30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95 HALIFAX 2nd claim 5th Mar - 16th Apr - Success in claiming £176
EGG (3 accounts)
20th Jan 07 - SAR posted
17th Mar 07 - Paperwork received - bits missing
19th Mar - Non-compliance for missing bits posted
9th Apr - ICO complaint filed
BARCLAYCARD
20th Jan 07 - SAR posted
21st Mar - Statements received
23rd Mar - Prelim posted
31st Mar - Offer for £30 rec'd
10th Apr - LBA sent
Today received letter confirming receipt of my SAR.
Apparently copies of my statements have been requested from their Records Storage dept. and will be sent to me within the 40 day legal limit.
As it's taken them over three weeks to respond, I'm not holding my breath...
HALIFAX 30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95 HALIFAX 2nd claim 5th Mar - 16th Apr - Success in claiming £176
EGG (3 accounts)
20th Jan 07 - SAR posted
17th Mar 07 - Paperwork received - bits missing
19th Mar - Non-compliance for missing bits posted
9th Apr - ICO complaint filed
BARCLAYCARD
20th Jan 07 - SAR posted
21st Mar - Statements received
23rd Mar - Prelim posted
31st Mar - Offer for £30 rec'd
10th Apr - LBA sent
Non-compliance letter typed and will be in post today - did they really think I was going to let them dictate the timetable and count 40 days from their letter?
HALIFAX 30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95 HALIFAX 2nd claim 5th Mar - 16th Apr - Success in claiming £176
EGG (3 accounts)
20th Jan 07 - SAR posted
17th Mar 07 - Paperwork received - bits missing
19th Mar - Non-compliance for missing bits posted
9th Apr - ICO complaint filed
BARCLAYCARD
20th Jan 07 - SAR posted
21st Mar - Statements received
23rd Mar - Prelim posted
31st Mar - Offer for £30 rec'd
10th Apr - LBA sent
Shock, horror...
Just received the 'there's a delay in getting copy statements out because of the very large numbers of identical requests' letter.
So Barclaycard lied to me in their last letter...
:o :o :o :o surely not.
HALIFAX 30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95 HALIFAX 2nd claim 5th Mar - 16th Apr - Success in claiming £176
EGG (3 accounts)
20th Jan 07 - SAR posted
17th Mar 07 - Paperwork received - bits missing
19th Mar - Non-compliance for missing bits posted
9th Apr - ICO complaint filed
BARCLAYCARD
20th Jan 07 - SAR posted
21st Mar - Statements received
23rd Mar - Prelim posted
31st Mar - Offer for £30 rec'd
10th Apr - LBA sent
Didge, surely the lovely people at Sharklaycard are above such behaviour? Make a complaint to the Information Commissioner's Office.
MBNA: Paid
Co-Op: Paid
Lloyds Tsb:Data Protection Act sent 14th June Still waiting. Started again
Abbey National: Paid
Barclaycard:Prelim £1920 14th Sept MCOL 17/10/06 £2346 Court date 13th March Offered £600 and rejected. Then offered £1,600 rejected. Paid in full £2,705.02.
Capital One: Paid
Cahoot: Paid
Accord Mortgages: Prelim £9,750 LBA 6/10/06
MCOL 21/10/06 £10, 520.65 Withdrawn and waiting for better times
Mother in law Nat West: Paid
Wife's Nat West MCOL issued 26/03/07
Rise, like lions after slumber
In unvanquishable number!
Shake your chains to earth like dew
Which in sleep had fallen on you:
Ye are many - they are few!
Just as I was compiling my complaint to the ICO, what should thunk onto my doormat this morning?
Hurrah!
I have my copy statements - as a 'gesture of goodwill', of course, because 'statements held prior to May 2004 are stored...microfilm...does not fall within..."relevant filing system"...nor within bounds...obliged to provide in response to my data SAR...' Still trying with that, then.
So I whip out my hilighter, and for what? Five charges in four years. Still, that's 90 quid I'll be going for.
Right - strawberry-blonde questions coming up;
I've read about it and want to go for contractural interest. There is a monthly purchase interest on each of the statements where I have charges - is this what I would be going for? and is it as simple as multiplying that monthly figure by 12 to get the APR? Or is there a 'standard' APR that everyone has been going for? As I'm asking these questions, should I be going for contractural? Am I even spelling it correctly?
HALIFAX 30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95 HALIFAX 2nd claim 5th Mar - 16th Apr - Success in claiming £176
EGG (3 accounts)
20th Jan 07 - SAR posted
17th Mar 07 - Paperwork received - bits missing
19th Mar - Non-compliance for missing bits posted
9th Apr - ICO complaint filed
BARCLAYCARD
20th Jan 07 - SAR posted
21st Mar - Statements received
23rd Mar - Prelim posted
31st Mar - Offer for £30 rec'd
10th Apr - LBA sent
I've answered a couple of my questions - found a calculator to work out the APR from the monthly interest figure, and I guess it's spelled contractual - must be my accent making it sound more like 'con-traactor-al'
So, I've worked out the interest on my spreadsheet, printed out a schedule of charges along with my prelim and off we go on the rocky path that is Barclaycard...
HALIFAX 30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95 HALIFAX 2nd claim 5th Mar - 16th Apr - Success in claiming £176
EGG (3 accounts)
20th Jan 07 - SAR posted
17th Mar 07 - Paperwork received - bits missing
19th Mar - Non-compliance for missing bits posted
9th Apr - ICO complaint filed
BARCLAYCARD
20th Jan 07 - SAR posted
21st Mar - Statements received
23rd Mar - Prelim posted
31st Mar - Offer for £30 rec'd
10th Apr - LBA sent
Letter has just popped through my letterbox. It's from BCard. Absolutely bog-standard response - 'sorry you feel charges...unfair...we believe...fair and transparent...T&Cs...disa gree with legal analysis...'
As a 'goodwill and without any admission of liability', they're prepared to credit my account (after I asked for a cheque because my account's been closed since 2004) with £30 - the difference between the charges and the OFT recommendation (bless them - still trying with that).
As they've responded so quickly, I feel a 'thanks but I'm going for the rest' letter being written before the lba.
HALIFAX 30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95 HALIFAX 2nd claim 5th Mar - 16th Apr - Success in claiming £176
EGG (3 accounts)
20th Jan 07 - SAR posted
17th Mar 07 - Paperwork received - bits missing
19th Mar - Non-compliance for missing bits posted
9th Apr - ICO complaint filed
BARCLAYCARD
20th Jan 07 - SAR posted
21st Mar - Statements received
23rd Mar - Prelim posted
31st Mar - Offer for £30 rec'd
10th Apr - LBA sent
Had better dust down my N1 forms...though I may MCOL it this time.
HALIFAX 30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95 HALIFAX 2nd claim 5th Mar - 16th Apr - Success in claiming £176
EGG (3 accounts)
20th Jan 07 - SAR posted
17th Mar 07 - Paperwork received - bits missing
19th Mar - Non-compliance for missing bits posted
9th Apr - ICO complaint filed
BARCLAYCARD
20th Jan 07 - SAR posted
21st Mar - Statements received
23rd Mar - Prelim posted
31st Mar - Offer for £30 rec'd
10th Apr - LBA sent
Yep, looks like MCOL on the way...
Had a letter waiting for me when I got home - this time from a PO box in Manchester, still not offering me any more than £30 (I'm claiming £90 charges + contractual), their position is they 'believe it fair when customers break the terms of their agreement they recover the costs.' Me too - and when they can show me it costs 20 quid to process such a transaction, I'll willingly pay it.
They also want my bank details so they can transfer the money. I have asked for a cheque because I do not want to give my bank details to an account I consider 'dead'.
HALIFAX 30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95 HALIFAX 2nd claim 5th Mar - 16th Apr - Success in claiming £176
EGG (3 accounts)
20th Jan 07 - SAR posted
17th Mar 07 - Paperwork received - bits missing
19th Mar - Non-compliance for missing bits posted
9th Apr - ICO complaint filed
BARCLAYCARD
20th Jan 07 - SAR posted
21st Mar - Statements received
23rd Mar - Prelim posted
31st Mar - Offer for £30 rec'd
10th Apr - LBA sent
Oh, ho,ho...
Yesterday had another envelope. Open it up and it's a statement from BCard for April 2007. With £30 credit. And a note telling me my account (to which I haven't been issued with a card since 2004, has a credit limit of zero and haven't had a statement since June 2004 because that's when I settled it and I'm sure Barclaycard closed it - damn I wish I'd kept all my paperwork) is in credit and if I require a refund please contact Customer Services.
Now all of my letters have asked to be settled in the form of a cheque as I thought the account was closed. BCard have asked for my bank details so they can transfer the amount.
But being unwilling (in the interests of minimising fraud) to give my details to everyone who asks for them (especially as this is hopefully only going to be a one-time thing), am I being unreasonable asking for a cheque? I'm certainly not going to back down until I absolutely positively have to.
HALIFAX 30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95 HALIFAX 2nd claim 5th Mar - 16th Apr - Success in claiming £176
EGG (3 accounts)
20th Jan 07 - SAR posted
17th Mar 07 - Paperwork received - bits missing
19th Mar - Non-compliance for missing bits posted
9th Apr - ICO complaint filed
BARCLAYCARD
20th Jan 07 - SAR posted
21st Mar - Statements received
23rd Mar - Prelim posted
31st Mar - Offer for £30 rec'd
10th Apr - LBA sent
Looks like Barclaycard want to do it the hard way.
Received response to my lba yesterday - noting that I was dissatisfied with their offer to refund £30 however their position remains that they believe it's fair when customers break the terms of their agreement, they recover the costs. Me too - totally agree with that.
So it looks like once I've returned home from visiting England this week, I'll be down the court with my N1.
I would just like some advice please - as I am claiming contractual interest, I would like to put in some way in the Particulars of Claim that although I'm claiming C.I., that I'll accept the 8% statutory if that's what the sticking point is. Or do I just do that in discussions with the legal guys if they contact me?
HALIFAX 30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95 HALIFAX 2nd claim 5th Mar - 16th Apr - Success in claiming £176
EGG (3 accounts)
20th Jan 07 - SAR posted
17th Mar 07 - Paperwork received - bits missing
19th Mar - Non-compliance for missing bits posted
9th Apr - ICO complaint filed
BARCLAYCARD
20th Jan 07 - SAR posted
21st Mar - Statements received
23rd Mar - Prelim posted
31st Mar - Offer for £30 rec'd
10th Apr - LBA sent