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This is a request to anyone out there who has recieved copy statements from Barclaycard that show no transactions and zero as the balance.
If you have had any statements like these, could you please let me know.
It seems as though Barclaycard may be trying to fob people off by sending them copy statements that show a balance of zero. I assume the reason they are doing this in some cases for certain periods is because they physically do not have the data that has been requested.
If it is true that they don't have the data then this could be be a HUGE deal as they are supposed to keep a record of all personal data for 6 years.
It has taken me from Novemeber 2006 until today to recieve a copy of all of my statements... and even now after many letters, emails and a non-compliance court case (hearing date in July) they are still not providing me with the information I requested.
I am very interested to know if this is happening to anyone else... surely it can't just be me.
I know for a fact that my credit card did not have a balance of zero for 18 consecutive months.
This all sounds very fishy and I would really appreciate some comments from a mod about this... or feedback from anyone else who is experiencing this problem.
Yes... I have asked for some help on my thread and have PM'd a couple of mod's... but their inboxes are full. I am not sure where to go to find a list of mod's and site helpers... I assumed I would just have to wait until one stopped by.
I haven't seen this before but others may have more experience of Barclaycard & DPA. My own experience is that they are pretty poor on DPA all round. I suspect they are snowed under with work because the microfiche argument just deferred all those requests to a later date so they had double to deal with.
I have had a look at your other thread and I see that you have some statements. I also see Barclaycard have said that they assume you will now withdraw the court action. I assume you will not be doing so but you did say you were looking for evidence of activity in the periods where the statmenets are blank.
Do you have the statements immediately before and after the blank ones? Do they show a balance should be carried forward to or brought forward from one of the blank statements. That would show the courts the fact that the blank statements are at least partly wrong. That with your personal testimony would demonstrate that they were all wrong but if you can get more evidence such as cheque payments as you suggested on your other thread it would all help.
You had said you would write to Barclaycard and this is a good idea, email or fax in view of the court date. Point out what you know is wrong. I suspect they will tell you and the court it was a genuine mistake. If you have a least told them what's wrong then the court cannot allow them too much latitude. If they ignore your contact it will not look good. At least the impending court date will force them to act quickly, hopefully and if they don't, it would be reasonable to ask the court to demand prompt compliance with the correct details/statements.
Can anyone else give some advice on the court process because I don't have much experience of that side?
I just got sent blank statements covering the period 2004 to 2007 along with a letter saying the older stuff is saved on microfiche and although 'they don't believe they should have to do so, as a gesture of goodwill they will send these through in 6 weeks'
My account was closed in 2003 so it was a complete waste of time sending me 2004-7
If you need to look for a mod or site heler, go to the main page, scroll to the bottom, and there is a list of everyone who is active. Mods are lit up green, and site helpers are lit up pink. Admins are lit up as red.
If you need to look for a mod or site heler, go to the main page, scroll to the bottom, and there is a list of everyone who is active. Mods are lit up green, and site helpers are lit up pink. Admins are lit up as red.
Hi... thanks for the imput... I have made comments in red.
Originally Posted by joneshousehold
I haven't seen this before but others may have more experience of Barclaycard & Data Protection Act. My own experience is that they are pretty poor on Data Protection Act all round. I suspect they are snowed under with work because the microfiche argument just deferred all those requests to a later date so they had double to deal with.
I have had a look at your other thread and I see that you have some statements. I also see Barclaycard have said that they assume you will now withdraw the court action. I assume you will not be doing so but you did say you were looking for evidence of activity in the periods where the statmenets are blank.
I wont be withdrawing the court action.
Do you have the statements immediately before and after the blank ones? Yes I do and they show that the balances do not tally... there are more details of the actual figures on my thread. Do they show a balance should be carried forward to or brought forward from one of the blank statements. Yes, that's right. It makes it obvious that the statements do not follow on from one another as they should. That would show the courts the fact that the blank statements are at least partly wrong. That with your personal testimony would demonstrate that they were all wrong but if you can get more evidence such as cheque payments as you suggested on your other thread it would all help.
You had said you would write to Barclaycard and this is a good idea, email or fax in view of the court date. I have been speaking to Adrian Ruffhead all week via email. He has sent me copies of the missing statements twice... both times they show the balance as zero with no tranactions. I know this is diffinately not right. I have never had a balance of zero... especially not for 18 consecutive months. I have emailed him asking him if these satements are actual copies, a true record of history. He should get that first thing Monday. Point out what you know is wrong. I suspect they will tell you and the court it was a genuine mistake. If you have a least told them what's wrong then the court cannot allow them too much latitude. If they ignore your contact it will not look good. At least the impending court date will force them to act quickly, hopefully and if they don't, it would be reasonable to ask the court to demand prompt compliance with the correct details/statements. I am confused as to what will actually happen in court if they truly have lost the data and can not provide me with actual copies from that period. I am sure if they did have the data they would have sent it by now as this has been going on since Nov 06... and I have written to them a total of 15 times and the Information Commissioners Office twice. It's all very strange. I think Barclaycard are hoping I will drop the non-compliance case becasue they are really unable to comply... their last attempt to solve it was to fob me off with these dodgy looking statements.
Can anyone else give some advice on the court process because I don't have much experience of that side?
Good luck. Thanks for the luck... But I have a feeling that it is Barclaycard who may need it.
I just got sent blank statements covering the period 2004 to 2007 along with a letter saying the older stuff is saved on microfiche and although 'they don't believe they should have to do so, as a gesture of goodwill they will send these through in 6 weeks'
My account was closed in 2003 so it was a complete waste of time sending me 2004-7
So it seems they send out blank ones when they do not have any data for that period... hmm
I agree Maxine, you would have expected them to have supplied the information if they have it. I know you said the account number was wrong and it may be this is the reason for the incorrect statements. We shall see what they say when/if they reply. If Barclaycard claim to have destroyed the information then they should keep a record of when it was destroyed and the method (it's a requirement of either the DPA or the Information Commissioners Office I think) so you could ask to see the evidence of date and method if they try that argument. I am not sure how I know this information, I think it was from some of the other threads but I can't remember which. Try searching for words such as 'information' and 'destroyed' or 'destruction' and see if that turns anything up. Alternatively you could ring the Information Commissioners Office to see if they know why. I don't have a lot of faith in these regulatory bodies but you may strike lucky. It could prove to be a useful piece of research if Barclaycard do try to offer the accidental destruction argument. I would however be inclined to point out that the account number on the statements supplied is wrong and that it is more likely that they sent the wrong information even though it does show your name and address. Try to argue that it is likely that was altered at the time they were sent just to send the statements to you. You might have to be imaginative!
I really love these sorts of situation. You have to try and think about what disproves their statements, anticipate their defence and try to highlight why you think they are wrong, incompetent or whatever. Try to avoid the emotive stuff like 'deliberate' or 'fraud' because I have an inclination judges don't like it. They want everyone to be reasonable, no mud slinging etc. You want a clear cut situation before you can use strong words like that.
Sorry to ramble on, I am writing things that spring to mind as I type this post. If you post any more thoughts I will try to keep an eye on the thread although last week was very busy at work and I have not been able to get on CAG quite as much as I would like.
Break a leg - just to ring the changes!
Adrian Ruffhead did say in his covering letter that the copy statements were for
"for account 4929 *** **** ****, which also appears as 4929 **** **** ****".
So he himself has stated that the differing account numbers are in effect for the same account. So they would not be able to say it was a mix up in the court. Why I have two sets numbers for one account I do not know!! I have never noticed the numbers changing over the years. I have also asked him about this in the email which he will read tomorrow.
Thanks for the input. I am beginning to think more and more that they really do not have the data to send me, in which case I will estimate the amount of penalty charges applied to my account for that period and continue with the non-compliance case too.
Did you actually use the account in that period or should they just show interest charged and your payments? If it was you could probably have a bit of a stab at recalculating just to provide a reasonable basis for the estimation.
yes the account was used during that period. I have never had a balance of zero (wishful thinking...lol) especially not for a period of 18 months. During this time I was at Uni and the card was almost always maxed out.
Might be impossible to recalculate then. At least your payments should be of a similar amount each month so you should be able to find some of them from your bank statements. Missing ones and larger ones may suggest a charge and you could use that as a basis for estimating the charges.
Best crossing that bridge when you get to it. Leave that side for now and concentrate on your hearing.
It would be good if I could negotiate a settlement for my charges from them in relation to the non-compliance case.
Maybe if they realise they could be treading through murky water, they will settle the whole thing.
I had previously sent them an lba on estimated charges, but wasn't confident of taking them to court on estimated figures... & also didn't have the spare cash for the court fees, so I haven't moved forward with the charges claim.
Do you think it would be wise to try and negotiate a settlement with them in order to end the claim for charges and the non-compliance case? They must know they are taking a big chance here... especially if they really haven't got the actual data to give me.
I haven't got much time as the court date is getting nearer and I will soon be printing off the court bundle to send to them.
I was planning on filing the charges claim Monday (tomorrow)... but am thinking it may be wise to try and negotiate with them considering what is going on here with the non-compliance.
I suppose the first thing to do is to wait and see what Ruffnuts says in the morning.
Anyway... It's been a busy day... I have been printing off and organising court bundles for my o/h's Natwest. Need sleep... & I bet my 13 month old will wake up at the crack of dawn...ARGGGHHH!!
You could try to settle the whole lot with them if they are willing to do so. It will depend on whether Barclaycard play ball I suppose. I have no experience of it to be honest, they never did settle with me but then I got them into a default position under Section 78 of the Consumer Credit Act so they get nothing. That was last November and they have gone incredibly quiet now.
*Urgent*Blank Barclaycard Statements?
for 6 years
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Originally Posted by moneyhelp
