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.
Sent SAR off on 3rd March 2007 and have received the usual 'thanks for your complaint blah blah' and 'we've referred the matter to Barclays blah blah' letters. This was just the response to the SAR and a letter I sent them saying I wouldn't be paying my draw-down overdraft payments any more because it consisted entirely of fees - and that I'd be claiming these back. My rough estimate is that there are about £3,000 fees owing, but I am waiting for my transaction history before I can work it out properly.
I don't know if this has happened to anyone else but then I received a very nice letter from a bloke called Laurence White, Customer Relations Manager at Barclays Head Office. It contained the usual 'you were aware of the terms and conditions when you signed up for the account' defence (erm... yes but they were illegal) but then offered me £1,000 'towards the total amount I am seeking'. Bearing in mind I don't really know the total amount I am seeking yet and certainly haven't told Barclays it suggests to me the fees might be considerably more than the amount I thought!
Obviously I am not going to accept this, other than as a partial offer of the total amount. However even if I was thinking about accepting it I might have changed my mind as I received a nasty letter the same day from the charmers at Woolwich Collections telling me that they are charging me £3.00 a day interest on my overdraft, unless I pay it off! Talk about the left hand not knowing what the right hand is doing....
yes, i received the offer letter of £500 and also a letter from woolwich collections saying they've passed my overdraft debt over to a debt agency, well the debt agency can kiss my ......
Anyway, I'm now filing at the end of the month so not sure if they'll send me another offer.
Hi Major
Yes, I also received the offer of £1000 letter before I received my list of charges. When I phoned them to say how could I accept your gesture of goodwill when I havent even received my statements, they gave me the run around between Woolwich Openplan and Barclays. I finally spoke to someone who told me my charges were in excess of £9000! He sent the list of charges out by post that same day.
I would give them a ring if I were you, just to make sure they know you still want your copy of your charges. It took them just over a month to send me mine though so its probably a bit early for them to send them just yet.
Good luck and keep us posted
Blue
Well I've written to that nice Mr White at Barclays Head Office Customer Relations saying thanks for your kind offer, but I'll only accept it in partial settlement, etc. I've also reiterated that I still want my transaction details following the SAR in case they wriggle out of it (thanks for the advice Blueloobylou ) - they've got until 16th April. I also sent that nice Mr White a copy of the letter I got from Woolwich Collections and told him that customers are hardly likely to react positively to efforts from Customer Relations if the screws are still being applied by the Collections vultures. Of course that nice Mr White is just the velvet glove over the iron fist and all you get is the usual hypocritical nonsense but it's good to play off one against the other.
I've also sent Woolwich Collections a letter telling them that the account is in dispute, the overdraft is completely comprised of fees, and therefore they should not contact me again. I've also told them they can threaten whatever fees they want - I'll just reclaim them with contractual interest. Luckily I served Woolwich with a Notice Pursuant to the DPA when I sent my SAR (just in case ) so told them that any action in processing my data or defaulting me (which they threatened) would result in immediate legal action and a complaint to the Data Commissioner....
I love stirring - revenge for all those bloody patronising phone calls I've had in the past 'Oh no Mr Majorclanger we cannot accept £xxx a month in payment, why don't you sell one of your children for medical research to raise some money? You really should have planned your finances more carefully' etc, etc.
WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 LBA sent for non-compliance with Data Protection Act 28/04/07
ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)
I have received a spreadsheet from the Woolwich summarising the charges they've levied. I know that this is the way they normally provide the information following an SAR, and other users have received the same.
Whilst it is very useful and preferable to wading through loads of statements there is no way of working out the interest they've charged on the fees (i.e. no information about date interest taken, account balance, etc). I'm in the middle of filling out Vampiress's truly excellent spreadsheet ( thank you Vampiress!) and am wondering how to get this information.
Abbey customers are starting to receive similar spreadsheets and are talking about going back to the Abbey to get their full transactional details including the interest.
Sorry if this has already been dealt with in the forum - it's my very quick lunch ten minutes and I haven't had time to look through it!
Any thoughts?
WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 LBA sent for non-compliance with Data Protection Act 28/04/07
ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)
Well I've written to the Woolwich asking for the full transaction details, as requested in the original SAR and threatening court action if they don't reply. That was over seven days ago and they are also well outside the 40 day time limit for complying with the original SAR.
Looks like I'll have to issue Court proceedings to force them to comply. To be honest I hoped things would go a bit easier than this at the early stages, but sod it, in for a penny in for a pound!
WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 LBA sent for non-compliance with Data Protection Act 28/04/07
ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)
Yep, and they will tell porkies! I'm off the DPA breach online after I provide them with one last chance at today's postman clutching a list of charges (thought I should be extra reasonable given the bank holiday) even though they are now approx 60 days after SAR request.
I'm adding a calculated £42.00 for expenses which includes my 40ppm round trips to post my correspondence that they have ignored. Good grief, my expenses are more than a single admin fee for the bank - wonder if they'll complain that I'm being outrageously unrealistic!
I;m still trying to get the money together to file at the small claimes but I'm worried that the longer I take they will be able to close the case. can anyone give me some advice on this?
No response from the Woolwich for the lba I sent them for failure to comply with original SAR (not sending transaction details). They're now also outside 40 day limit for another SAR I sent them for pre-six year details.
I'll got to Court if I have to, but have faxed Barclays Legal and Compliance Department with details to see if they'll sort it out. They've got 14 days to respond and I'm not holding my breath....
Of course, despite the fact the Woolwich are actively preventing me claiming by refusing to release the required information under the DPA, they are still hassling me daily (by phone) and sending reams of letters reminding me the 'debt' (consisting all of fees!) is outstanding. It's also increasing by the usual £3.00 a day and additional charges - they might even take me to Court... Woo hoo I'm really scared....
WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 LBA sent for non-compliance with Data Protection Act 28/04/07
ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)