They said they are sending me a 'final position' letter which reiterates what the lady said in the phone call. I don't think they deleted / destroyed it.

Just had a phone call from Barclaycard level 2 complaints. They said they asked the microfiche team to look for the statements and they were unable to find them. So their position is they don’t have them. I’m still going to press on but is it likely they would actually get rid of old data/statements?

Thanks Slick, really appreciate it. Will read over it tonight and prepare.

This was my LBA letter: Barclaycard Customer Relations Dept. 1234 Pavillion Drive Northampton NN4 7SG Dear Sir/Madam, LETTER BEFORE ACTION ACCOUNT /REF NUMBERS Barclaycard Mastercard XXXXXXXXXX Barclaycard Visa XXXXXXXXXX I have made several requests now for transactions and charges relating to my banking history with your organisation for the accounts listed above. From their opening in 1998 thru to their closure in 2003. I have also stated, a complete set of statements for that period will be acceptable. You continue to ignore my requests, even though you have confirmed in writing that you have the data. For convenience I have enclosed copies of my requests. I have now filed a complaint with the Information Commissioner about your statutory breach. If I do not not receive the data I have requested within the next 7 days I will proceed with legal action in the county courts and a judgement will then be forwarded to the FCA. Yours faithfully, tnook I've been sending the letters to: Barclaycard Customer Relations Dept. 1234 Pavillion Drive Northampton They're written back, so the address seems to work. Used the GDPR template from the library to kick off the process then wrote 2 more letters chasing them. NN4 7SG First letter chasing them after BC send an incomplete set of data: Barclaycard Customer Relations Dept. 1234 Pavillion Drive Northampton NN4 7SG Dear Sir/Madam URGENT: INCOMPLETE GENERAL DATA PROTECTION REGULATIONS - SUBJECT ACCESS REQUEST ACCOUNT /REF NUMBERS Barclaycard Mastercard XXXXXXXXXXX Barclaycard Visa XXXXXXXXXXX Thank-you for the partial completion of my GDPR request. I had specifically asked for all transactions and charges relating to my banking history with your organisation for the accounts listed above. From their opening in 1998 thru to their closure in 2003. Alternatively, a complete set of statements for that period will be acceptable. You have previously confirmed in writing that you have the relevant data and can access it, but needed the account numbers which you claimed you didn’t have. The data bundle you sent back to me yesterday clearly shows the account and card numbers. I can’t understand why you didn’t complete a previous SAR when you clearly had the account numbers. Please now complete the data access request for the above accounts within the 7 days remaining of the original request. If you fail to comply with all of your obligations, I will make an immediate complaint to the Information Commissioner about your statutory breach – and without any further notice to you. This may also lead to legal action in the county court and a judgement will then be forwarded to the FCA. Yours faithfully, tnook

Ok have reached the end of the road with asking Barclays nicely for the statements/data. Call centre is adamant they only have 6 years of data. Letter back from Barclays saying they have already complied with the GDPR request and won’t process it again. However Iif I want to supply additional information they may look again. All the information was in my previous letters.o Time to escalate it in the courts. I’ll start drafting my claim form tonight, can someone check it before I submit it?

Ok called again, they haven't a clue. I have now sent them my LBA giving them a week to get the statements to me. In the meantime I have reported the breach to the information commissioner but I won't hold my breath on them doing anything useful.

Called Cahoot, they claim there is no record of getting my letter. They say their address moved from Coventry to Belfast, however their mail does get forwarded. It's a little non-sense because I also wrote to them with a GDPR request at that address and got a reply. Anyhow. I have now sent my LBA to their Belfast address and given them a final 14 days before I start court action.

Spoke to a lady who was nice but had no idea what was going on. She checked the records and said they send a letter early July. This was the original incomplete set of data. No mention of my letter from mid July requesting they complete the request with the specific Visa and MasterCard information. The lady said shel'll give me a call sometime next week if she hears back from the relevant department. I don't feel super confident they will comply.

Well it's been 3 weeks and no reply from Cahoot/Santander. Time to draft the LBA and give them a final 14 days.

It's been 3-4 weeks now and no reply from BC. I asked for the statements for the accounts but nothing, not even an acknowledgement. I guess this is standard. What's the next step go to the Information Commissioner or just straight to court?

Time limitations. I know we tend to rely on Kleinworth to overcome the 6 years limitation, but I was reading there is a 3, 6 and 15 year limitation which the banks will use to get cases dismissed. See links below from the MSE forum and practical law site. Is this a problem for older claims? https://forums.moneysavingexpert.com/showthread.php?t=571302&page=156#topofpage https://uk.practicallaw.thomsonreuters.com/1-518-8770?transitionType=Default&contextData=(sc.Defaul++t)&firstPage=true&bhcp=1&comp=pluk

Update. I've written my preliminary letter asking for the charges and 24.9% interest in restitution. I also included a schedule of the charges and interest. Will no doubt get a standard "Thank-you for your complaint we will get back to you in 8 weeks" letter from them. Letter as follows: __________________ PRELIMINARY LETTER: REQUEST FOR REFUND OF CHARGES AND RESTITUTION Dear Sir/Madam, CARD/ACCOUNT NUMBER: XXXX XXXX XXXX XXXX I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges are unlawful at Common Law, Statute and recent Consumer regulations. I would draw your attention the implied term of the contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I calculate that between 2002 and 2003 you have taken £275 in charges. I also claim £7,764.34 in interest in restitution as per Sempra Metals vs HMRC, calculated at an APR of 24.9%, making a total of £8,039.34 I enclose a Schedule of Charges listing the amounts that I require to be repaid. In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable. In recent years Courts have been happy to accept claims for bank charges that exceed 6 years, whilst having regards to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32 © of the Limitations act 1980. Should county court action be needed I will be seeking to rely on this. Therefore this letter requests a refund of all charges indicated including interest in restitution from the date of this letter. I request that payment is made directly to me by cheque and that any refund in whole or part should not be allocated to any set off or third parties. Should the latter occur my claim will be deemed as unsettled and I will proceed to the Courts for recovery. You now have 14 days to respond positively. I trust this clarifies my position. Yours faithfully, tnook

Thanks!!! That is a great document. Very interesting read. I am seeing my GP in a couple days to get a letter for the preliminary hearing. Any help with the statement would be greatly appreciated.

Still waiting for BC statements/transactions. Meanwhile started a similar thread on old Cahoot charges: https://www.consumeractiongroup.co.uk/forum/showthread.php?488630-Claiming-Cahoot-credit-card-charges-from-2003-2003-contractual-interest&p=5135041#post5135041

Hi, I have a similar thread on Barclays. I have some old credit card charges on my Cahoot card from 2002/2003. I have the statements!!! I have plugged the charges into the compound interest calculator and the total comes to: Charges: £275 Compound interest (24.99%): £7842 Total: £8117 Do Santander/Cahoot settle eventually or are they courtroom bruisers?

Hi all, I was dismissed by my employer for misuse of a corporate credit card. I had used it to help with cash flow for moving expenses since my employer wanted me to relocate and the costs were having a drain on my finances. At the same time I was going through a stressful time at home with the break-up of my marriage. When I used the card I didn't realise it was considered personal use, since in my mind I was moving for work, and I was eventually dismissed for it. I've been seeing my GP for over a year with stress and anxiety and I think my decision to use the card was clouded by my mental health issues and inhibited decision making. My GP has diagnosed me with an anxiety disorder. I've submitted my ET1 claim form for discrimination due to disability - mental health. I had disclosed to my employer several times the impact the move and the finances were having on me and they took no note and made no reasonable adjustments. The employer has hired a solicitor and they have submitted their ET3 defence and have asked the preliminary hearing is postponed and re-listed from a Case Management hearing to an Open Preliminary Hearing. They deny that I was a disabled person within the meaning of section 6 of the Equality Act at the time of alleged discriminatory treatment. They want the hearing to consider the issue of whether I am a disabled person within the meaning of section 6 of the Equality Act at the time of alleged discriminatory treatment. They also request the Tribunal make the following orders in advance of the Open Preliminary Hearing: · Claimant to provide an impact statement · Claimant to provide copies of his medical records · Respondent to confirm whether a Join Medical Expert report is required I need to firm up my argument that I am disabled under the meaning of section 6 of the Equality Act. My GP has diagnosed an anxiety disorder, but I am wondering what else I need to prepare for the examination by the respondents solicitor. I can provide examples of the everyday activities that are impaired and have a diary of these event going back many months. Also can someone tell me what the impact statement is I will be ordered to prepare? I tried to get a solicitor but can't afford one, so have to represent myself. Thanks for your help.

Just read Johnhn's tread. Feel really bad for him and annoyed that a judge who is ignorant of the regulations and law can just do that. The lessons I am taking from this are firstly I'll be sensible about settling if it's the right thing to do. Secondly learn everything about how credit card charges are not covered by the OFT vs Nationwide case, so that I can argue it strongly in court if needed. Are there anymore recent examples of BC successfully defending claims?

Thanks Slick, appreciate the help. First battle is getting the old statements. I know how precious they are about their microfiche system.

Been reading the Shelley threads. Wow, mind blown. You guys are a great help. Was interested in the amount of interest to apply for restitution. Slick you mention 29.9% as good number. Crumbs if I apply that then a single £25 charge from 1998 will attract compound interest of £ 4,678.68. I expect I have about 30 to 40 of these charges, so the total claim could be over £150,000. This will no doubt attract a lot of resistance from BC. Plus won’t it put me out side the small claims track? I’m willing to give it a go if you can guide me.

Will have a look thanks. I think I have about 30-40 charges from back then. Late payment and over limit on two cards. Could get interesting.

Yes that the one. Thanks!! Do you think I should try claim contractual interest? Have there been any successes? I just used the spreadsheet and compared the Statutory 8% vs Contractual 19.9% on a single £25 charge from July 1998. The difference is staggering. For 8% = £91.87 For 19.9% = £924.18

Does anyone know where the credit card interest calculator spreadsheets are? The links in the library are broken.

Will persevere. A bunch for charges from 1998, when I was single and carefree should add up to a nice claim

I am just writing the letter to them pushing for the release of the data, now that I have the account numbers. Interesting to note they seem to be arguing in the GDPR response that microfiche systems are exempt from GDPR.

Absolutely. There are quite a few late and over limit fees from 1998-2003 on both cards. I can also positively argue they concealed this since they had the account numbers all along and told me they couldn't find them....