That is good news shelley. Has hubby got over the £21,500 shock

Yes and sadly, my claim doesn't come close but I am glad I persevered getting the statements because there is PPI and charges. Should I claim simultaneously?

Watch out BC, I am on your tail again

Hi Shelley,

Please confirm just how far back the data covers and have they supplied consecutive copy statements - ie, there are no gaps.

You should reclaim penalty charges as before with Prelim Letter, LBA and court claim seeking charges plus compound interest in restitution at 24.9%.

And seek the PPI refund separately using a PPI spreadsheet as recommended by the PPI experts (not me ). I understand that court action to pursue this may not be the best approach.

Hi Slick,

I have checked that the statements run consecutively and I have entered the charges figures into my x/s with the interest rate charged on the statements. I will repeat the process as I did for hubbies account last year with that, like you suggest, prelim, LBA etc. However, hubbies acct had NO PPI charged to it.

If you remember, last year on another of hubbies accounts with Citi, I took them to court for PPI and won, albeit was by Judgment by default, using the same x/s as I would use for the unfair charges, which included Interest in Restitution. I didn't go the FOS route. I'm a little confused.

Perhaps ims will drop in?

Hi Shelley,

You didn't say just how far back BC have managed to supply data for, so please confirm.

We've learned that not all banks respond in the same way to litigation. For example, BC will repay charges older than 6 years and will pay compound restitutionary interest whereas Capital One will fight in court on either or both matters.

With PPI (or any other claim), to get judgement against the bank, you first have to PROVE your claim to the degree required on the small claim track of the County Court system, which is "on balance of probability". If you can do that adequately, then the interest you claim is really a secondary matter.

It will always be up to a judge if the claim is heard in court so you could claim compound Restitutionary Interest at a nominal rate or compound interest at the a/c's contractual rate or, in the alternative, 8% Stat'y Int't at the discretion of the court.

If you claim against the likes of CapOne, they may defend any PPI case as a matter of policy. Whereas if you make a similar claim against BC, they may well pay up before any hearing date, just as they do with penalty charges.

Personally, with BC I'd be inclined to seek compound Restitutionary Int't at 24.9% with court action but only IF you have a good case for PPI being inappropriate or mis-sold.

I'll see if Ims can drop by to add his opinion.

Hi

Dropping in as requested by slick.

Yes I would agree exactly with what has been said. I would guess that with the card this was a non advised sale and this can be a tricky one to prove mis-selling on the balance of probability. It is easier for example if you have a copy of the original application showing an unticked box and a SAR provides a copy with a ticked box.

Also bear in mind that there is the Judge lottery to deal with too.

It would be useful to know the value of the PPI claim too. If it is only small then one could say it might be worth a punt but for a larger amount you stand to lose a potentially very useful sum if the case goes against you.

If you go the regulatory route and fos do not uphold your complaint then you are still free to give court a go.

Good morning Slick/ims,

Thank you both for dropping in. Had a busy day, apologies for late reply.

Further apologies Slick. BC have provided statements back to commencement of account dating back to Jan 2002 - Nov 2005.

The account was activated following the receipt of a 'priority short application form' which said "Barclaycard Payment Protection. Don't sign up without it"

No mention of it being optional! It shows a big rosette which reads "Barclaycard Payment Protection" Apply today!

Granted, in hindsight, it doesn't say obligatory, but it gives that impression.

I had pre-existing medical conditions and within months became self employed, which they were made aware of.

The interest rate charged throughout was 1.873% p.m which I have multiplied by 12 to give 22.48%

Based on that rate the PPI is just over £850 and the unfair charges a little under £700.

I'm aware of the dreaded Judge lottery following my Cap One case but for the amounts involved, without being complacent, I would expect BC to pay up before any hearing.

To be clear, I have used the same spreadsheet for both calculations using the same interest rate. Is that right?

Appreciate your guidance

Shelley

Hi Shelley,

That's an EXCELLENT result, getting your statement data going back more than 10 years. Action like yours will help explode the myth that BC destroy such data. I think you should report this to the ICO to prove that, despite what the banks are telling us and the ICO, this data IS still available in one format or another.

The interest rate charged throughout was 1.873% p.m which I have multiplied by 12 to give 22.48%

To get an APR from a monthly rate, you need a converter which you'll find by searching on-line for "APR Converter". http://www.stoozing.com/mon2yr.htm

If you take the compounded rate, the monthly rate of 1.873% equates to an APR of 24.94%.

Let us know what revised figures you get.

Ha,ha, and the money just goes UP.

The new PPI figure now tips ove the £1K mark and the unfair charges tips in almost £800. That'll do nicely thank you BC.

I have tried to contact my Case Officer at ICO but it goes to voicemail. I will keep trying because, yes, what you are saying is very important for them (ico) to realise is what we are being fobbed off with, constantly.

I can't contain my excitement now:madgrin:

I will be interested in what BC trainee solicitor will use as his defence because, clearly, they have only complied with my requests following court action.

Huge thanks Slick.

subbing

Congrats Shelly, always good to see a bank given a bl**dy nose in court

Hi Shelley,

I've added your important news to the thread in the BC Stickies, to encourage others who want older data from BC - http://www.consumeractiongroup.co.uk/forum/showthread.php?50148-Barclaycard-amp-Microfiche-they-are-wrong-OFFICIAL&p=3894360&viewfull=1#post3894360

Will you now seek costs from Barclays using a WCO plus nominal damages as per your Court Application.

I suggest you write to the ICO informing them of the date from which BC have produced data. Tell them they should perhaps bear this in mind next time someone complains about BC not supplying older data.

Yipee.

Thanks everyone - must be my new powers since being crowned The BC Slayer, lol.

"Will you now seek costs from Barclays using a WCO plus nominal damages as per your Court Application." Not sure how I go about doing this. I gave the trainee solicitor until 10th July to provide their defence. Can I over rule that? now they have provided the information claimed?

I had claimed nominal damages in my N1 for non dis-closure of SAR data. How do I approach the courts to get BC pay up?

Would really appreciate your guidance chaps

This is great that Bcard can go back this far ( they refunded all my £12 fees since 2006 until present but said all data prior to this was unobtainable as legally they did not have to store it after this length of time and I know Prior to 2006 the fees were way more costly and I would have had £100's I am sure) - just some advice then please! Where do I stand now as when Bcard rfd the fees from 2006 till present day they automatically done it and credited it back onto my account and that was that, so can I still claim fees prior to this and if so should I just request the statements 1st (acc was opened in 1999) and calculate total cost then write back? Is there a new letter template to use as prev I requested fees dating back to 1999 and as I said above they woould not provide them so I am thinking I need to mention that I am aware that they can go back further than what they initially told me, ???? Please help!!! Thanks

Well done Shelley!!

This is great that Bcard can go back this far ( they refunded all my £12 fees since 2006 until present but said all data prior to this was unobtainable as legally they did not have to store it after this length of time and I know Prior to 2006 the fees were way more costly and I would have had £100's I am sure) - just some advice then please! Where do I stand now as when Bcard rfd the fees from 2006 till present day they automatically done it and credited it back onto my account and that was that, so can I still claim fees prior to this and if so should I just request the statements 1st (acc was opened in 1999) and calculate total cost then write back? Is there a new letter template to use as prev I requested fees dating back to 1999 and as I said above they woould not provide them so I am thinking I need to mention that I am aware that they can go back further than what they initially told me, ???? Please help!!! Thanks

Firstly, for future reference when dealing with any financial institution. They will all say something along the same lines as " legally, we are not required to keep information longer than is necessary" etc. That's their line for saying GO AWAY!

Next thing to do is to start up your own thread outlining your situation within the BC thread and this will allow other Caggers the opportunity to respond in connection to YOUR query.

If you haven't already done so, you will need to send a SAR letter with the required fee of £10 to obtain ALL your data that they hold. They will have 40 calendar days to respond. They usually send out loads of printed documents from some silly machine which the average lay person can not understand and will possibly send out statements only going back 6 years. However, you have to persist like I did.

I took my complaint to the ICO and although BC still continued to say they have complied with my SAR request, I then took the matter to court for non compliance and claimed nominal damages. Once BC get this, they tend to sit up and take notice.

I am only a lay person myself but have received great guidance and support from my CAG family but at the end of the day, you have to do what you think is right for you.

It doesn't get resolved overnight and it can get frustrating at times but you have to persist to obtain the result you are looking for.

Research the BC threads and take as many notes as you can along the way which will help your scenario.

Good luck with your case.

Shelley

Well done Shelley!!

Thanks Phil. I have picked up a new nick name The BC Slayer and I love it.

I am actually thinking of applying for Bob Diamond's job, lol.

I received data ( loan and a/c details ) going back to 1993 from barclays recently. Thanks to the help from Cagers like slick , ims and threads like shelley it all helped and encouraged me to carry on

That's great news suga. Hope the information has helped to claim back what you are owed?

Well done

Hi Shelley,

I've just emailed you the letter to send to Barclays with a view to getting your costs, as a Litigant in Person and nominal damages.

When/if they agree to settle on your terms and you receive full payment, you can write to the court confirming your Discontinuance of the case.

Hi Shelley,

 

I've just emailed you the letter to send to Barclays with a view to getting your costs, as a Litigant in Person and nominal damages.

 

When/if they agree to settle on your terms and you receive full payment, you can write to the court confirming your Discontinuance of the case.

 

Thank you Slick.

Will enjoy the next round of BC 'ping pong', lol.

Brief email received today quote:

"I shall put your proposal to he business and shall revert to you by the end of this week"

Shelley

Brief email received today quote:

 

"I shall put your proposal to he business and shall revert to you by the end of this week"

 

Shelley

As they haven't come back to me today, am I able to request Judgment for the monetary part of my claim?

I presume you have edited this message because I have just been reading your thread.

You deserve a medal for what you went through with this horrid organisation. Absolutely brilliant work throughout on your part. Did they ever reinstate your account?