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've read all the FAQs and I've spent a couple of evenings reading the forums. I'm claiming approximately £1500 back from Abbey and £500 from Barclaycard. My Data Protection Act letters are written and I'm ready to send them. I have two questions:
1. Does anyone recommend calling these companies first to announce my intentions or shall I just get on with it and send the Data Protection Act letters by Special Delivery? I'm getting mixed messages from the forums on this subject.
2. Mods, shall I just post updates of my claim on this thread or should I send you details of the claim to add to the litigation section? Or both?
Lastly, I just want to say that it is becoming increasingly uncommon to find examples of technology being used elegantly and effectively for the common good, helping people to do something they wouldn't ordinarily be able to do, and without exploiting them in the process. Outstanding job guys. 5% is yours if I win.
Glad to hear you have already read around before posting saves me for once not having to say it
1) waste of time phoning them first unless its only a one off charge you are asking for back. but its your claim so ulitimatley your decision.
2) post updates here then PM a mod with your claim details at the time. Can you also start a thread in barclay card forum for that claim
Thank you for your comments
When you want to fool the world, tell the truth. Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any
doubts.
I hope someone can give me a quick word of advice.
I finally sent off my DPA request at the beginning of July (after a delay caused printer problems and financial woes). I've received a letter saying that they are dealing with my request but that some of the information is on microfiche.
However, I have since found most of my statements and I only have a couple missing for the past six years so I'm not sure I want to wait around for them while they try to block the DPA process. I have a fairly accurate figure that I want to claim back and I'd like to get on with it.
What should my next course of action be? Should I wait until the 40 days are up? Should I hold out for the missing statements even if I don't need them? Or should I just send the lba? What should my next letter be?
I guess what I really need to know is should I pursue them for the details of any manual intervention on my account so that it helps me in court - even though we all know that they don't manually intervene at all? The letter from them already states that they do not keep a record of all manual activity so is it really worth pursuing it?
Incidentally, the letter I got from them this morning was not like anything I've seen on this site before but I haven't trawled through it for a few weeks now.
Completely agree with Karnevil.
If you know the amount then I wouldn't bother waiting for the statements and I would get my prelim out.
Manual intervention won't make any difference.
Carly
Lloyds TSB credit card-Judgement by default filed 8/06/07
Virgin credit card-£120 claimed Settled in full Business barclaycard-£200 claimed Settled in full Business a/c-£961.31 claimed Settled in full NatWest personal a/c-£3010.28 claimed Settled in full Abbey business a/c-£2390.96 Settled in full
Halifax personal a/c-£497 claimed Settled in full
HSBC credit card-£175.65 claimed Settled in full
Co-op credit card-£150 claimed Settled in full
NatWest business a/c-£250.00 claimed Settled in full
Halifax personal a/c2-£336 claimed Settled in full
Lloyds Business a/c-£1027 claimed Settled in full
Okay, I'm finally sending my prelim letters to Abbey (£2375.54) and Barclaycard (£858.62). I could do with a little reassurance as there are a lot of warnings on the site about people making silly mistakes.
I'm sending a standard prelim letter to each company, along with a schedule of charges (without the 8%). I never got the statements I asked for using the DPAs but I subsequently found nearly all my old statements anyway. The 40 day deadlines for the DPAs have expired but I don't think I'm going to pursue these, as per the advice on the forum.
I intend to send the prelims by registered post tomorrow and I'll keep everyone informed. Have I forgotten anything?
Lastly, has anyone actually gone to court yet with Abbey or Barclaycard? I spent a while trawling the threads but couldn't find anyone who had.
Thanks in advance.
Abbey (£2463.64)
01-Jul-06 Sent Data Protection Act request - received unsatisfactory response but I found all my statements anyway
01-Oct-06 Sent prelim letter requesting £2463.64
16-Oct-06 Received letter offering £715 as gesture of good will - refund appeared on account 2 days later
01-Nov-06 Sent LBA requesting outstanding £1748.64
Barclaycard (£873.12)
01-Jul-06 Sent Data Protection Act request - received unsatisfactory response but I found nearly all my statements anyway
01-Oct-06 Sent prelim letter requesting £868.39
18-Oct-06 Received monthly statement with £257 "refund" credited to my account on the 9th - received no other communication notifying me of the refund
01-Nov-06 Sent LBA requesting outstanding £616.12 (including interest added in October)
Can I make a suggestion re not following up with the DPA non-complaince.
I am in a similar boat and for a while thought i wouldnt bother since i have estimated or have the data i need.
but then it occured to me, they have failed to comply with a bit of law. if the boot was on the other foot and you failed to comply with a bit of statue they were employing i suspect that generally they would follow it up.
In essence I am not suggesting you take them t court if you dont need to, but maybe register a complaint with the ICO.
Add a bit more weight to the number of complaints they have on these organisations.
The statutory 40 day period expires on my initial SARs today, i have sent out prelim or lbas but will still register compalints agains those who havent complied with the SAR whjere i dont need the data. where i do i will follow through with the action until i get what i need.
JMHO
Glenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
Definately register a complaint with the ICO... It is only the court claim we are holding off on for the moment in light of the ICO's visit to Abbey and Oddfellows court hearing.
The ICO are only just dealing with complaints from the beginning of July so dont expect toomuch too soon - but it shows what weight they are under to do something.
Thanks guys. I will lodge complaints with the Information Commissioner's office. But Sharon, I'm not sure what you meant by the following:
Originally Posted by karnevil
...It is only the court claim we are holding off on for the moment in light of the Information Commissioners Office's visit to Abbey and Oddfellows court hearing... ...Sept 11th hopefully we will have a decision.
x
Could you please elaborate?
Paul
Abbey (£2463.64)
01-Jul-06 Sent Data Protection Act request - received unsatisfactory response but I found all my statements anyway
01-Oct-06 Sent prelim letter requesting £2463.64
16-Oct-06 Received letter offering £715 as gesture of good will - refund appeared on account 2 days later
01-Nov-06 Sent LBA requesting outstanding £1748.64
Barclaycard (£873.12)
01-Jul-06 Sent Data Protection Act request - received unsatisfactory response but I found nearly all my statements anyway
01-Oct-06 Sent prelim letter requesting £868.39
18-Oct-06 Received monthly statement with £257 "refund" credited to my account on the 9th - received no other communication notifying me of the refund
01-Nov-06 Sent LBA requesting outstanding £616.12 (including interest added in October)
I finally sent off my prelims on October 1. Abbey sent me a letter on the 16th offering me £715 as a gesture of good will and it appeared in my account 2 days later. Barclaycard sent me no letter but a £257 "refund" appeared on my last statement. I have written out my LBAs for the revised outstanding sums and I will be sending them by Special Delivery tomorrow, along with amended schedules of charges. I'll post an update in 14 days.
Abbey (£2463.64)
01-Jul-06 Sent Data Protection Act request - received unsatisfactory response but I found all my statements anyway
01-Oct-06 Sent prelim letter requesting £2463.64
16-Oct-06 Received letter offering £715 as gesture of good will - refund appeared on account 2 days later
01-Nov-06 Sent LBA requesting outstanding £1748.64
Barclaycard (£873.12)
01-Jul-06 Sent Data Protection Act request - received unsatisfactory response but I found nearly all my statements anyway
01-Oct-06 Sent prelim letter requesting £868.39
18-Oct-06 Received monthly statement with £257 "refund" credited to my account on the 9th - received no other communication notifying me of the refund
01-Nov-06 Sent LBA requesting outstanding £616.12 (including interest added in October)
By the way, does anyone know how to change the title of my thread so I can mention the fact that I've had a refund?
Thanks in advance.
Abbey (£2463.64)
01-Jul-06 Sent Data Protection Act request - received unsatisfactory response but I found all my statements anyway
01-Oct-06 Sent prelim letter requesting £2463.64
16-Oct-06 Received letter offering £715 as gesture of good will - refund appeared on account 2 days later
01-Nov-06 Sent LBA requesting outstanding £1748.64
Barclaycard (£873.12)
01-Jul-06 Sent Data Protection Act request - received unsatisfactory response but I found nearly all my statements anyway
01-Oct-06 Sent prelim letter requesting £868.39
18-Oct-06 Received monthly statement with £257 "refund" credited to my account on the 9th - received no other communication notifying me of the refund
01-Nov-06 Sent LBA requesting outstanding £616.12 (including interest added in October)
Please could someone give me some advice! I sent my LBAs out on November 1 last year to no avail. I have not filed my court claims yet, partly because I have been travelling a lot since then and partly because I have continued to incur charges and I wanted to wait until I was able to stem the tide. This has now happened, but should I send a new lba with the revised figure or can I just file claims for the increased amount? I am worried that the court will reject my claim if I am asking for more than was mentioned in my original LBA. I don't want to blow this. What should I do? Thanks in advance.
Abbey (£2463.64)
01-Jul-06 Sent Data Protection Act request - received unsatisfactory response but I found all my statements anyway
01-Oct-06 Sent prelim letter requesting £2463.64
16-Oct-06 Received letter offering £715 as gesture of good will - refund appeared on account 2 days later
01-Nov-06 Sent LBA requesting outstanding £1748.64
Barclaycard (£873.12)
01-Jul-06 Sent Data Protection Act request - received unsatisfactory response but I found nearly all my statements anyway
01-Oct-06 Sent prelim letter requesting £868.39
18-Oct-06 Received monthly statement with £257 "refund" credited to my account on the 9th - received no other communication notifying me of the refund
01-Nov-06 Sent LBA requesting outstanding £616.12 (including interest added in October)
On the beaches... Just got a partial refund
and £500 from Barclaycard. My Data Protection Act letters are written and I'm ready to send them. I have two questions:
Reply With Quote
Originally Posted by karnevil
