Thanks I will - tomorrow...let me know how you get on with yours

Thanks noomill060 for your helpful response. I have filled in teh N1 form using the CAG template - just not sure what to put as my costs - is there a standard hourly rate I should use to cover all my time on this??? Good luck in court in May Sparks

Hi noomill060, I am struggling to get my Data from the Woolwich - same team as Barclays - sent my LBA last weeks. Despite 3 letters confirmed by Royal Mail as recieved and signed for, they say they have no knowledge of my SAR!!! I want to get on with taking them to court for non complience. Can you let me know whether you have submitted your N1 or MCOL? Im wondering what to put down as my claim - other than cost of postage ...would really apreciate your advice. thanks

Just got a letter saying they will remove confidentiality clause...and where should they send my cheque!!!!

I sent a further letter to Barclays Data Controler (advised by Woolwich to contcat Barclays) advising them that after 10 months of waiting for my statements they were definately in breach of the Data Protection act! No response. I sent a Letter Before Action advising them I would go to court to force disclosure. Their time is nearly up so after the weekend I need to submit my MCOL. I have a question.... the template section this site includes advice on the Particulars of Claim that I should put on the MCOL or N1 form. But I am wondering what I can claim as costs...particuarly for time preparing document - is there a set hourly rate I should claim...otherwise my cost are just £3.00 for postage!!! The advice in the template section says.......... 6. The damage (and distress) caused is: Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £........... Add any further things that can be clearly quantifiable, and to which you can provide proof. Can anyone help me with this? Thanks

[/quote=represent1]Received same offer by Egg, detailing they would return £76 being the difference of £4. Stating that offer would be rejected in 14 days. Should I notify them that I wish to reject their meagre offer (if yes, does anyone have a reject letter) or just go straight to Court, following through with my LBA. Must admit to feeling a bit bewildered as letter was extremely threatening! Yes, the language of their letter to me was pretty threatening but actually meaningless! FYI I have pasted the reply I sent them rejecting their initial offer of £4 per charge - within a week of sending it they had written back with a revised offer denying any liability but offerring to refund the charges in full!! Its up to you but if you are hesitating over sending an LBA I would suggest you send them an interim letter rejecting the offer - who knows, they may settle your claim as readily as they did mine. Dear Ema Clayton, EGG CREDIT CARD NUMBER xxxx xxxx xxxx xxxx Response to settlement offer. Thank you for your letter dated 4/4/2007, EGG Reference xxxxxxxxxxxx. I respectfully decline your offer of settlement and request, once again, that you return to me the charges imposed on this account that I specified, totaling £xx (excluding statutory interest). If, as your letter appears to imply, £16.00 reflects a genuine pre-estimate of the loss caused to EGG for each incidence of exceeding my credit limit or for an unpaid direct debit, then I request that you provide me with a breakdown of how this amount has been calculated. In the absence of such a breakdown I will continue to believe these charges do not reflect your true costs and are therefore unlawful. I will therefore accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remaining £xx, with a County Court claim if necessary. Should such a claim be necessary I will also be seeking interest at the statutory rate, which I calculate as currently totaling £xx, court costs and any other costs I incur in recovering this money from you. I sincerely hope that such action will not be necessary and am genuine in my desire to reach an amicable settlement with you without recourse to the courts. My Request for Repayment letter dated 26/3/2007 indicates that you have until 12/4/07 to respond before I proceed to the next stage of my request. My deadline remains the same despite your offer. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter. I trust this clarifies my position. Yours sincerely,

I closed the account in 2004!

Its here http://www.consumeractiongroup.co.uk/forum/egg/80352-sparks-egg.html

Thanks elisedriver and zootscoot, Yup home from holiday today and FULL offer from EGG (small claim as almost all EGG charges were over 6 years ago). However there are confidentiality conditions attached to accepting the offer. On principle I am inclined to reply that I only accept their offer if these conditions are removed - or should I just take the money now? Anyone have any thoughts on confidentiality clauses??? thanks

Me too - got offer yesterday for full amount I was asking for - but... confidentiality conditions imposed.

Fantastic site - have been lurking for nearly a year ...am finally taking action against 5 banks. May 2006 sent SAR 26/3/07 submitted request for repayment of charges 2/4/07 Recived offer of £4.00 back for each £20 charge + waffle about OFT report and my having provided no evidence that £20 was not a genuine 'pre-estimate' of the loss I caused to Egg for each breach of contract! 6/4/07 rejected Eggs offer - asked them to detail the breakdown of what my 'breaches of contract' had actually cost them. Will send them LBA on 12/4/07

Thanks welshcakes. BTW, does the Woolwich's delay mean that (by the time I get a list of my bank charges) I will have lost out on nearly a years worth of charges because of the 6 year rule - or could I argue that the six years point is marked from the day I sent my original SAR? I think I read that somewhere! Sparks

I originally wrote to the Woolwich with my 'Subject Access Request' in May 2006 - they responded 10 days later saying that as my account had been closed it would take 'some time' to get the information from Head Office. I heard nothing further. After 6 months spent overseas I have finally go round to requesting repayment of charges from SMILE, Halifax, Nationwide, and Nat West. When I contacted the Woolwich again this month I was advised to send a new SAR to Barclays! I have posted Barclays a letter today giving them 14 days to comply before I submit a complaint to the Information Commissioner AND go to Cout to compel disclosure. Letter sent to: Adrian Whalley Radbroke Hall Knutsford Cheshire WA16 9EU Lets see how they respond. Sparks