Hey Guys I'm in exactly the same boat. Sent Barclaycard a LBA on the 29th Jan giving them 7 days to provide me with SAR or I'd take them to court. Deadline now passed & although I'm clued up on MCOL I'm not exactly sure what I am claiming for as I don't have a definative figure (cause the wont give me my statements). I've looked & looked but cannot find a standard claim to use in MCOL. Any ideas?? Cheers ---------- Steve.

I'm ready to take them to court, but what am i claiming for?? Does anyone have a standard claimto cut & paste into MCOL??

I mean't 'Barclays' not what you thought, but your right anyhow ;-). Despite my 7 day notice letter for non compliance regarding failing to provide me with SAR info Barclaycard have failed to respond. I am now ready to start court proceedings against them, but what am I claiming for?? I don't have a sum in mind as I havnt received my statements. Would someone please suppy me with info or point me towards a thread that could help. I've searched & searched but cannot find anything. Thanks in anticipation --------- Steve.

I'm in the process of filling in my N149 AQ in line with the example given by Jonni2bad in the Bank Templates library. However I am unsure what to include when I submit it. Do I include Bank Statements etc at this stage?? What about the 'Draft Order' or is that just something submitted with the N150 AQ. Please help, this is very daunting................

I sent off my Subject Access Request to Barclaycard at the start of December and have since provided their Data Protection Team with additional info (card number, open close date etc) to help them locate my Banking History with them. However they have now responded in the following manner: Further to your request for personal data held by Barclaycard. Unfortunately we are unable to provide you with the information requested as it has been deleted from our main computer systems and therefore will not be available. If the purpose of your request for statements was to calculate and reclaim the fees you may have paid in excess of the Office of Fair Trading limit, please wite to Barclaycard Customer Relations at the following address............blah, blah, blah......... I spoke to a helpful young lady in the Data Protection team who tells me that they will estimate the fees (how they do that I havent a clue). Are they not duty bound by law to keep my last six years history?? This seems to be a great way for them to get out of paying exactly what is owed. I particulary do not like the 'in excess of Office of Fair Trading limit' quote which intimates that they'll just offer me the difference between their fees & the £12 OFT guideline price. Does any anyone have a standard letter that I can respond with I'm pretty pathetic at this stuff. Thanks in advance............

Thanks Skybuncks

Thanks for the reply Glen, Sorry I mean't sec 69 interest (particulars of claim below), 1)The Claimant has an account ************** with the Defendant, OPENED *********. 2)Since ******** the Defendant debited charges and interest in respect of purported breaches of contract. 3)Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4)Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5)Claimant claims: (a) return of the amounts debited of £4452.43; (b) Interest per S.69 County Courts Act 1984 of 8% - £936.09 continuing at 8% until judgement or settlement at a daily rate of £0.98. 6)Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7)Costs allowed by the Court. I too have seen contradicting advise on this but decided to go with a the figure of £4452.43 using the rational that the initial claim without the S69 interest is less that £5k. My worry is that I sent the letter (as detailed in my starting thread) to the Court Manager & Nationwide stating that my claim was for a total of £5388.52 (figure includes s69 interest). Should I write back, correcting myself. Steve2603

Thants fantastic Max. I'm made up for you. I've just received a notice of issue from Northampton County Court today. I'm claiming a whopping £4453 plus £937 in contractual interest. Hopefully they'll pay up within a week like they did with you. I'm not relishing the prospect of going to court but am prepared to fight for MY money.

I recently submitted a MCOL against the nationwide for £4452.43 plus contractual 8% interest of £936.09. I showed the total amount of claim as £4452.43 with the 8% interest detailed in the comments box, so as to keep the claim under £5000 & only pay £120 costs. However when I sent my schedule of charges to the Court Manager (& copy to nationwide solicitors) I made the mistake of stating that the total amount of my claim was £5388.52 (see attached) Dear Sir/Madam ************* –v- Nationwide Building Society Claim No: ********** Date Issued: ******* Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £5388.52 I respectfully request that the enclosed schedule should be attached to the particulars of my claim. Yours Faithfully Will this affect my claim?? Should I re-write to the Court Manager correcting myself so to ensure that my claim stays valid?? Please advise.

Yes, send a copy to the banks solicitor

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to: The Court Manager, Money Claim Online Northampton County Court 21-27 St. Katharine's Street Northampton NN1 2LH Dear Sir/Madam (Your Name) –v- (Bank) Claim No: ******** Date Issued: xx/xx/xx Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT). I respectfully request that the enclosed schedule should be attached to the particulars of my claim. Yours Faithfully When you receive the Notice of Acknowledgement send a copy to the bank’s solicitors.

Sorry Guys, I know its probably in here somewhere but I just can't find it. Please could some kind sole (and you all are on this site) provide me with the contact details for the Nationwide's solicitors so that I can send my 'Notice of Acknowledgement' from MCOL. Thanks in anticipation

Are you saying that I should claim £4428.79 and therefore pay just £120 court fee's then add the £931.17 at the bottom of the claim (particulars & value etc)

Thats fantastic guys. Thanks a lot, thought I'd messed up big time. My next question relates to the £5000 threashold on small claims. I've seen many questions on this and various explainations. Like I said my claim is for £4428.79 when I add 8% interest it jumps to £5359.96. What is my best course of action, split claim or progress with a £5k+ claim. Or I've seen some threads that state that it is the figure before 8% that actually determines what claim bracket you fall into. Please advise.

After negative replies from the Nationwide to my Prelim Letter & LBA, I'm about to go ahead & file for court action. However I've just noiticed that the total of my schedule of charges I sent with my previous correspondence was wrong. For some reason the spreadsheet added up the columns to £4418.79 instead of £4428.79. Do I start the whole process again or just start my MCOL with the revised figure?? Please help, I know it probably sound like a small thing but I'd hate to lose on a technicallity.

Dont add the 8% on yet. Not until after the prelim letter & letter before action. Just go for the £243.50 for now

Thanks

Can anyone advise me as to the Data Protection Teams address for Tesco Personal Finance (Ref Visa Card)?? Thanks in anticipation