Attaching the PDF of their witness statement. @BankFodder @Andyorch any ideas on how to counter this? Court date is next week, just got their witness statement. tnook.pdf

Just got another letter from the solicitor: Dear Tnook As explained in our previous email, and in the Bank’s witness evidence as served upon you today, the Bank is not able to locate or identify any of the further data sought by you. The Bank is not withholding your data , it has provided you with all of the available data it has in relation to you. Whilst we note your concern that the Bank is attempting to withhold your data in order to stifle any potential claims you may have against the Bank, we reiterate that this is not the case. Notwithstanding this position, it is apparent that any claim that you may have against the Bank relating to matters from 1998 – 2003 are indisputably time-barred (and have been since before your Subject Access Request was submitted to the Bank). Should the matter proceed to a final hearing, we are confident that the Court will agree that no further order can be made. We will also seek instructions as to whether to seek the Bank’s costs in attending any such hearing from you. Notwithstanding the above, the Bank is prepared to increase the Offer to £150 in full and final settlement of your claim, provided that notification of such acceptance is received no later than 2:00pm on Wednesday 27 November 2019. The additional £25 is to reflect the cost you have incurred by paying the trial fee. This represents the full value of your claim, and the maximum that the Court will be able to award you. Please therefore confirm whether you are willing to accept the offer of £150, following which we will prepare a draft settlement agreement for your consideration. Kind Regards,

The solicitor has sent me a PDF with their witness statement. They are sticking to their story of ‘beyond use’ and say they may or may not have the data but can’t confirm it. Is there a way to argue around this? Is it best to withdraw the claim or settle and look to another route? The case is in court next week.

It’s very frustrating. Looks like I’ll not be getting my statements.

I've just had an email from the solicitor. Basically saying they have no way of searching for the statements and again threatening me with costs. What do you think about their argument about not being able to search the files?

Hello everyone. We have movement. I think BC panicked. The deadline for their witness statement to be submitted was today. At 15:50 they submitted a N244 paid £255 to extend the deadline by 7 days. Because they need to find the right witness in BC. Their solicitor called. A new one, last one left the company. She wanted to understand what I wanted to settle. I told her I wanted my statements, or a certificate of destruction and written statement that they are not held by a 3rd party or elsewhere. I’ll attach the PDF when I get home. Court hearing set for Dec 3rd

I just got a letter in the post from the courts requesting the Allocation Questionnaire and court fee. They indicate a hearing would likely be early December.

About to send this letter to their solicitor, to highlight their ‘confusing’ actions and ask for BC to commit to not using external data storage or archives and ask what happened to my data. Probably won’t go anywhere. Dear Solictor, This is a request for clarification since I have been receiving several conflicting messages from yourself and Barclays. On the 9th of May 2019 you requested a extension for your filing a defense, to be reasonable I agreed to this since you said Barclays were looking for the data I had requested. On the 10th of May your last email stated you would update me on the progress of the search. You did not reply. Will I still be receiving my data? I received notification that you and Barclays wished to proceed with mediation. I agreed to this. You and Barclays then without warning changed your minds and decided not to progress with mediation. I find the changes in direction confusing. My position is unchanged in that I do believe Barclays have my data. There is evidence of other customers data being made available, but only after court action. I will consider withdrawing the claim if Barclays explain what happened to my data and commit themselves that they do not use some other data storage service / archive. For example an internal archive or an external data storage provider. Your faithfully, tnook

Yes indeed, I have a BC contact on the 'customer care team'. BC and their solicitor are sticking to the line "we looked and we can't find your statements".

Hi all, Latest was that BC had requested mediation, then after dragging out the deadline to agree an appointment they decided not to go through mediation. I spoke to the court last week for an update and it's down to me now to submit my AQ. I'm away from home until Thursday, will be drafting it and put it up here for any comments. The courts mentioned that the hearing would likely be in December. I need to think about what I want to get out of this, since they are digging their heels in about not having the statements. I need to somehow highlight how evasive etc BC have been, I need them to also state they don't hold records at external sites like Iron Mountain. I'd also like them to explain what happened to the statements. Not sure if I can get any of this from the hearing.

Been back and forward with Cahoot recently when they looked like they were going to refund some charges. Now plowing ahead with the court action. I was wondering would it be prudent to add a line to the POC highlighting that Credit Cards are not subject to the Bank Charges OFT hearing? It seems banks are using it as a defence to confuse the judges.

So frustrating. I estimate about £20k in charges and interest in those ‘missing statements’

Ok update. I called the mediation hotline to book the mediation session and it’s a no go. Although Barclays asked for it to go to mediation. They just declined and asked to proceed to court.

Thanks Bankfodder. The problem I have is that they are sticking to their line of not having the data. I don't have a way to prove that they do.

Just to give you all an update. Nothing much has happened. Still waiting for a date and time for the mediation session.

Yep that's the problem I'm having, its going to mediation but the bank (Barclays) are just claiming they don't have the data. Trying to piece some evidence together. Good luck.

Realise it's the bank holiday weekend. Just wondering if any of the site team had any advice?

Thank-you!!!

Here are the two pdf's. Thank-you. Defence-red-1.pdf Defence-red-2s.pdf

Can someone please swap my 2nd pdf with this one. The redaction wasn't complete on the one in the post above. Sorry for the inconvenience . Defence-red-2s.pdf

Status update: Bank filed Their defence The solicitor emailed me with the defence documents any advice appreciated. Barclays have submitted their defence and it seems asked for mediation. Looks like they are sticking to the line that they don't have the old data. Defence-red-1.pdf Defence-red2.pdf

Wonder if the solicitor dropped the ball and didn’t chase BC for the right missing data and realized the clock has run down. I would have thought by now she’d have written to say something along the lines of “BC don’t have the data, sorry”.

Just spotted it would be telephone based mediation. So not that bad.

Would it be a good idea to go along with it? At least I’ll have shown I’m trying to be reasonable all along. Will be annoying because I will have to time out from work and lose a day’s pay.

Status update: BC have rejected the claim and want mediation No contact from the solicitor, just an update from MCOL that Barclays want to enter mediation. Here is the notification: Is this a play for more time? I guess if I don’t go along with it then it will look unfavorable on me.