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    • Paragraph 18 – you are still talking about Boston stolen items. About time this was fixed??? Paragraph 19  In any event, the claimant's PS5 gaming device was correctly declared and correctly valued. The defendant accepted it for carriage and was even prepared to earn extra money by selling sell insurance in case of its loss or damage. New paragraph 20 – this the defendant routinely sells insurance in respect of "no compensation" items (a secondary contract contrary to section 72 CRA 2015) new paragraph above paragraph 20 – the defendant purports to limit its liability in respect of lost or damaged items. This is contrary to section 57 of the consumer rights act 2015. The defendant offers to extend their liability if their customer purchases an insurance cover for an extra sum of money. This insurance is a secondary contract calculated to exclude or limit their liability for the defendants contractual breaches and is contrary to section 72 of the consumer rights act 2015. New paragraph below paragraph 42 – the defendant merely relies on "standard industry practice" You haven't pointed to the place in your bundle of the Telegraph newspaper extract. You have to jiggle the paragraphs around. Even though I have suggested new paragraph numbers, the order I have suggested is on your existing version 5. You will have to work it out for your next version. Good luck!   Let's see version 6 Separately, would you be kind enough to send me an unredacted to me at our admin email address.
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    • As already mentioned freely available "credit scores" are fairly useless. All lenders have their own "credit scoring" system, that for obvious reasons they don't divulge. And they're "scored" differently to the freely available ones. As soon as they could, we've always encouraged our two children to use credit cards responsibly... Pay off in full, etc, to generate good history. It's paid off. At quite young ages, they have both obtained loans for cars, mortgage and their credit card limits are through the roof. Personally, I have shifted debt around a lot on credit cards (even financed a house purchase once at 0% 😉) and I've only ever been refused a credit card once, sorry twice by the same company, over many years. They must have something very different in their lending criteria. You're a tight one, Mr Branson.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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betty_lo Vs barclaycard ** WON **


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onto the next corporation!... just drafted my dpa request, which i will send on monday:

 

fao simon walker

barclaycard

head of data protection, data protection team

legal & regulatory compliance dept

1234 pavilion drive

northampton

nn4 7sg

 

8 may 2006

 

 

dear mr walker,

 

data protection act (1998) disclosure request

account number 4929 xxxx

 

i am currently reviewing the charges that have been levied on my barclaycard account over the past six years and i would be grateful if you could kindly supply me with a complete and exhaustive list of all charges relating to the above account since may 2000; this should namely include all instances where i have been charged for exceeding my credit limit, for late payment(s) and/or for the return of unpaid cheque(s). alternatively, a complete set of statements for that period will be acceptable. enclosed, for the purpose of this data protection act disclosure request, is the statutory maximum fee of £10 (ten pounds).

 

i look forward to a prompt reply to my request, which under the provisions of the data protection act (1998) should be made and acted upon within the next 40 days. in the event that this request is not satisfied within that timescale, i will then have no alternative but to report your refusal of compliance to the information commissioner.

 

yours sincerely

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i never included that bit in my letter to first direct... but i guess, it won't hurt. i shall amend accordingly so as to cover all angles should the matter end up in court.

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dpa request letter sent today, as follows:

 

barclaycard

simon walker

head of data protection

data protection team

legal & regulatory compliance dept

1234 pavilion drive

northampton

nn4 7sg

 

 

 

 

8 may 2006

 

 

 

 

 

dear mr walker,

 

data protection act (1998) disclosure request

account number xxxxx

 

i am currently reviewing the charges that have been levied on my barclaycard account over the past six years and i would be grateful if you could kindly supply me with a complete and exhaustive list of all charges relating to the above account since may 2000; this should namely include all instances where i have been charged for exceeding my credit limit, for late payment(s) and/or for the return of unpaid cheque(s). alternatively, a complete set of statements for that period will be acceptable. additionally, where there has been any event in my account history over this period, which has required manual intervention by a member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in such manual intervention or other evidence of such manual intervention with regards to my banking business with you. enclosed, for the purpose of this data protection act disclosure request, is the statutory maximum fee of £10 (ten pounds).

 

i look forward to a prompt reply to my request, which under the provisions of the data protection act (1998) should be made and acted upon within the next 40 days. in the event that this request is not satisfied within that timescale, i will then have no alternative but to report your refusal of compliance to the information commissioner.

 

yours sincerely

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  • 3 weeks later...

hi, 15 days have passed since my dpa request and i am yet to receive a reply from barclaycard. is a reminder necessary? if so, when would a good time be to send one. thanks.

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  • 3 weeks later...

here's the latest on my dealings with b/card. i received the following letter on 30 may:

 

dear

data protection act 1998 - subject access request

account number

 

further to you request for personal data held by b/card, please find enclosed a copy of the relevant information from may 2004.

 

under the data protection act we are required to produce personal information held about customers if it is held electronically or in a relevant filing system. account statements dated prior to may 2004 are held on microfiche stored in date order and statements for more than one account are held on each microfiche, they are not structured by reference to creiteria relating to individuals and therefore these statements are not held in a relevant filing system under the data protection act and are therefore not required to be produced. they can be obtained from our customer services dept at a cost of £3 per statement.

 

this information is complete in respect of the above account relationship with you at the time of extraction.

 

I REPLIED AS FOLLOWS ON 2 JUNE

 

dear ms shiels,

 

data protection act (1998) disclosure request

account number

 

i am in receipt of the documents that you have supplied in response to my data protection act information request dated 08 may 2006.

 

the disclosure of personal data is incomplete in that you have failed to provide a complete list of transactions and charges for the full period requested since may 2000. as a result, you have not yet complied with your obligations under the data protection act 1988.

 

you have a further 10 days to comply with my request. should this not be satisfied within that time, i shall report your refusal of compliance to the information commissioner.

 

AND THEN SHE WROTE BACK ON 7 JUNE

 

thank you for your recent letter dated 2 june 2006, with regard to your request that we provide a computer print out of transactions on your account to date we are unable to provide the information requested. our computer systems do not permit us to print such historic data. neither do our computer systems allow us to search for and identify individual charges applied to an account. it is therefore not possible to provide you with a print out of such charges. i would also add that barclaycard did not introduce default charges on its accounts until mid 2001, the print out that has been provided to you contains the information that we currently have recorded relating to charges on your account.

 

as explained previously copy statements held prior to may 2004 are stored on microfiche. the statements copied onto the microfiche in date order and more than one customer statement may be held on an individual film of microfiche. these statements are not stored by reference to account number of customer name and are not 'readily accessible' within the meaning of the data protection act. these statements are therefore not retained in a relevant filing system and therefere do not fall within the class of documents to be produced pursuant to a subject access request.

 

accordingly we are unable to disclose any further statement documentation to you pursuant to your request under the data protection act. as previously advised you may contact the customer services team for copy statements. there is a standard charge of £3 per copy statement.

 

barclaycard is not attempting to obstruct you or delay you. we are however ensuring that all subject access requests made to barclaycard are dealt with in the same way, whether or not they relate to default fees, so that all requests are processed fairly and properly, barclaycard have made it clear to customers for many years that copy statements held on microfiche are not required to be produced pursuant to a subject access request.

 

please do not hesitate to contact me if you wish to discuss the above issues further.

 

my questions now are:

 

shall reply again using the dpa non compliance template letter 1? or shall i wait until the 40 days expires and report them to the ic? OR, shall i just get on with estimating the charges prior to 2004 and send them my preliminary letter?

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my questions now are:

 

shall reply again using the dpa non compliance template letter 1? or shall i wait until the 40 days expires and report them to the ic? OR, shall i just get on with estimating the charges prior to 2004 and send them my preliminary letter?

 

If you are intending to send the DPA Non-Compliance template letter then it is important that you are prepared to follow through with court action.

 

You could contact the IC - but I would not expect any fast result

 

Estimated claims are not to be advised, but that is really up to you. An alternative is to put in a claim for the period you know - and then put a further claim in when you have extrcted the remaining information.

 

As I say though, it is your call.

 

 

 

 

 

 

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i am happy to follow through the dpa non compliance with court action. in the meantime, i shall start the ball rolling with the information i have so far. cheers for the advice.

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  • 2 weeks later...
If you are intending to send the DPA Non-Compliance template letter then it is important that you are prepared to follow through with court action.

 

You could contact the IC - but I would not expect any fast result

 

Estimated claims are not to be advised, but that is really up to you. An alternative is to put in a claim for the period you know - and then put a further claim in when you have extrcted the remaining information.

 

As I say though, it is your call.

 

hello, i sent my preliminary letter on 12 june based on the information i have so far, requesting of repayment of £500. in that letter i also reminded them that the clock was ticking regarding my sar and that i would report them to the ic and would apply to the court to enforce compliance. the deadline for my sar has now expired, do i send them dpa non complicance letter template 2 or shall i just file my claim to the court for non compliance?

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just a quick update... sent my Data Protection Act non compliance letter today. also received a reply to my prelim letter earlier this week telling me to go away. expiry as per my prelim letter expires on monday, so lba will will be on its way unless a cheque turns up between now and then...

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  • 1 month later...

after a plethora of letters from b/card designed to waste my time and deter me from claiming what is mine, here is their latest missive offering £200 out of the £500 i am claiming:

 

blablabla... with regard to your request for a refund of charges i am sorry you feel the charges you have incurred are unfair. we believe that our charges are both fair and transparent and we make them clear in our t&c's, and on the reverse of every monthly statement. these charges are avoidable by staying within your limit and making your monthly payment on time.

 

in your correspondence you have outlined case law which you say supports your view. as i am sure you will appreciate b/card is aware of all the information you have drawn to our intention. i must inform you however, that we disagree with your legal analysis.

 

however as a goodwill gesture and without any admission of liability b/card is prepared to credit your account with the difference between the charges that you have incurred and the £12 fee recommended by the oft. in accordance with the charges incurred this would amount to £200.

 

so this letter came as i was about to file my claim with moneyclaim. shall i just get on with that or be courteous and let them know that yes, i'll have the £200 but will still seek to recover the £300?

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If it were me, I would tell them that the time for negotiation has passed, and that they have until (say 12 noon on Tuesday) to confirm that they will settle your claim in full, failure to comply will result in a claim being submitted at that time.

 

But that's if it were me. :)

 

 

 

 

 

 

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  • 1 month later...

hello, just a quick update. received a partial refund of £200 early august. i've recently filed my claim for the remaining amount, which was acknowleged (at the eleventh hour). and i am now awaiting for b/card to file their defence...

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  • 3 weeks later...

ok, so just received details of b/card defence (document which i will scan later) and my allocation questionnaire. i've only had a quick glance at it, as i'm not ready for bed just yet, but needless to say i am disappointed that it wasn't a personalised document... the name of the claimant is not mine and the dates the document refers to with regards to when charges were debited do not tally with mine. does this matter? should i get this corrected??

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Does the claim number on the AQ correspond to yours??

Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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  • 3 months later...

hi, i have just sent off my S.A.R - (Subject Access Request) to barclaycard, do they ever send out all the statements my account goes back to 2001.

 

Just got a couple of queries, that are probably very easy to answer, i just cant find them on these forums

 

1. if they want £3 pounds per statement then surely they are accessible and therefore could send them out.

 

2. how about paying for the statements and them claim the money back from them when they lose.

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I would imagine they just have an extremely big backlog at Clarkenwell, and that they are trying to farm out cases to other courts in order to reduce the delays.

 

hello, i received another letter this weekend. my case has now been transferred to the london mercantile court. i called them this morning to get the small claims hearing date, as this had been left blank, and this is scheduled for 20 february 2007, 9.30am. i have had a look on the Mercantile Court cases section of the forum but could not find the relevant info: do i still need to prepare my court bundle in anticipation of the hearing? and aside from the hearing date, is there anything else i should know or be prepared for?

 

any advice would be appreciated. thanks.

 

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