Well, got my court date from Abbey. June 21st. Been looking at a lot of threads about the court bundle, and I need to get it in this week as I'm going on holiday next week. Think I've got it all sorted exept for one thing - how to present it? How did anyone elso do it? I was thinking about getting 3 A4 ring binders. Does anyone have a different suggestion? Obviously I want it to be presented as professionally as possible. Cheers

Cheers!!

Received Abbey's 'Defence' from the courts today. All standard stuff as stated on other links about "Terms and conditions" etc. Does anyone have a link as to the defence I need to file against them please?

p.s. Also, do I take action against Barclaycard registered office, or agianst Deborah Thompson who sent me the June 2004 statements and Microfiche 'fob-off' letter Cheers

Hi Bigmac, Thanks for that. I was looking at alanfromderby's template 'DPA Non-Compliance - Particulars of Claim' to put on the N1 form. Is this the one I need to use? Does anyone know what the court charge should be as I was going to claim from noomill060's draft: 1) £100.00 as compensation for the significant inconvenience caused to the Claimant by the Defendant contravening the sixth data protection principle. 2) £100.00 to remunerate the Claimant for printing, photocopying, admin, general and other expenses necessarily incurred, and also the time spent in preparation and perusal for this claim; 3) £150.00 exemplary damages; 4) £100.00 aggravated damages; I took out the £500 claim for 'distress'. Should I put this back in or does it need to be proven distress? It just goes to show how awful Barclaycard are. You would think you'd get better service for nearly 30% interest! It would be easier to deal with the Sopranos. Would be nice to get some compensation to serve them right be being so c##p

Hi, Sent them this on 3rd April: LETTER BEFORE ACTION Section 7 – Data Protection Act 1998 I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 18th February 2007. The disclosure of personal data is incomplete in that at least the following documents are missing. 1) You have failed to provide a complete list of transactions and charges. You have only provided statements dated from June 2004. 2) You have provided no notes, or documents relating to instances of manual intervention. You say that your Microfiche system does not, in your opinion, fall within the scope of the Data Protection Act 1998. The Information Commissioner’s Office (ICO), after a recent visit to your office declared (Case Reference RFA0129130.): “Following our visit, we concluded that the microfiche system used by Barclaycard is a relevant filing system for the purposes of the Act. This means that in our view the information is personal data and should have been supplied as part of your S.A.R - (Subject Access Request) within 40 days and for a maximum fee of £10. As a result, it is our view that it is likely Barclaycard has contravened the sixth data protection principle, as this requires data controllers to process personal data in accordance with data subjects' rights.” “In addition, section 13 of the Act gives individuals the right to claim compensation if they have suffered damage as a result of a contravention of the Act.” The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court. Their 7 days is up and I just rang customer services. They told me nothing further had been sent to me and I should follow up my complaint. Should I initiate court proceedings and additional compensation?

Hi Trev, Been away with work so just logged on to pursue this further. That was a great link. Cheers mate! It's good info like that, that spurs you on even harder. Undecided as to whether to call them, send them a letter detailling everything (a copy of a letter in that link in fact) and giving them 7 days to send remainder of information, or start court proceedings to make them comply. Anyone been through this and got any suggestions? Good luck with your's !

Finally got the Subject Access Request information this morning, but it is only dated from June 2004. They are saying that anything prior to that is on Microfiche and doesn't comply with the Data Protection Act 1998. I know that is false as I've read it here before. I couldn't find a quick link to the information though. They are saying it will be 6 weeks to retrieve and send out. My SAR was dated 18th February so the 40 days is now up. What is the best course of action now?

Nothing at all back from Abbey after my LBA. They have until next tuesday (27th) to respond, but in anticipation of them not offering me a full refund (HA!) I was looking at the N1 form. Cutting and pasting from the 'Particulars of Claim' section on this site seems quite straight forward. I just had one question though: At the bottom of the first page, next to 'Defendants name and address' there are 4 boxes: Amount claimed- £ Court Fee- £ Solicitor's Costs- £ Total amount- £ Do I need to fill these in as I have already put these in the 'Value' section? If so, under 'Amount Claimed', is this just for the charges or does this include the interest?

Copies of all statements and microfiche now received. I sent off my Prelim for £2970 last monday (26th Feb) giving Abbey 7 days to respond (although from what I am reading this is highly unlikey). This morning I got a standard letter with 'How to complain' leaflet from Andrew Manson at Abbey saying I will be contacted within 4 weeks. Not sure if this is the only response I will get from them or if Pam Speed who I wrote to will sent GOGW or even rejection. I guess I will wait to see if I receive anything next week when the 7 days is up and proceed with a final 14 day warning LBA before I start court action.

So far I have only received copies of 3 statements from the past 14 months from Abbey but nothing more. Should I leave it for the 40 days to pass to follow anything up and even then do I threaten to report them to the Financial Ombudsman?

Just checked my bank and they haven't cashed the cheque. I will send another cheque and give them 40 more days I think, but notify them that the letter they returned (which I will hold on to) clearly has the tear and staple marks from where the original cheque was detatched. If they are not trying it on, then it doesn't give you much faith in them, does it? Thanks for your advice and good your case!!

Sent my SAR 22nd January. Stapled my £10 cheque to the letter and clearly put my name and account number on the back of the cheque just to be extra sure they wouldn't lose it. So....... Get my own letter back from them this morning (15th Feb) with a complement slip attached to it saying 'No Cheque Enclosed'. On checking the letter you can see that my cheque was definitely stapled to it and has clearly been detatched!! If they haven't cashed it is there anything else I can do other than just send another cheque and wait another 40 days? If this is a new tactic then it's hard to prove but it is definitely wrong!!!

Brilliant, thanks. Will crack on with it as soon as the microfiche arrives.

I have received statements from the past 14 months from Abbey and am now waiting for the microfiche information so I can submit my prelim letter to them. In people's experience, is it best to include the spreadsheet with it, highlighting all individual charges, or is it sufficient at this stage to just give them the overall amount being claimed back? Many thanks