Thanks for the advice. Will post when I have a result either way.

Hi, I started a claim with Cap 1 and got to the N1 court stage, but due to one thing and another I wasn't able to file the N1 claim. Things have got a lot better now and I'm in a postion to file and carry on but will the time lapse have weakened my case. I sent the LBA at the end of June, stating 14 days. Thanks for taking the time to read this.

Great I'll post it tomorrow!!

Hi guys, I have written a letter but am having a crisis of confidence about wording etc. Could you have a quick scan?? Glenn UK - I read your post v Co-Op to see how your hearing went. Well done! (I think) It sounded like it went well I got a bit lost on the legal bits. Al thanks for looking at my Barclaycard stuff. I feel like I'm back at school handing in coursework!!! Thanks "Dear Mr Nuttall Thank you for your reply to my S.A.R - (Subject Access Request) dated 27 November 2006. I am concerned that you say it is not possible to provide details that you hold on microfiche and I would like to point out the following information relating to an investigation by the Information Commissioner. I am aware this relates to Barclaycard, however, logic states that you should also act on the Information Commissioners findings, that “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.” Below are highlights from the report. Case Reference RFA0129130. “It may first be helpful to clarify that although the information contained within your bank statements, such as details of transactions, is considered to be personal data under the Act so must be supplied in response to a S.A.R - (Subject Access Request), the Act simply states that personal data must be supplied in an 'intelligible form'. This means that the information you have requested must be provided if it is held as personal data, but not necessarily in its original format i.e. as a bank statement. As you may be aware, the Act only applies to 'personal data' i.e. information which is processed electronically and which relates to a living, identifiable individual. Information which is held in some manual (non-computerised) records can also be personal data for the purposes of the Act if it is stored in what is known as a 'relevant filing system'. The Information Commissioner's Office (Information Commissioners Office) produced guidance to help data controllers such as Barclaycard decide whether or not manual records were stored in a relevant filing system; however this was amended following a Court of Appeal ruling a number of years ago (Durant v FSA 2003). In light of the outcome of this case, the Information Commissioners Office revised its guidance and narrowed its interpretation of what constitutes a relevant filing system. This guidance suggests that unless the filing system is highly structured, it will fall outside the scope of the Act and led us to conclude that in our view most manual records fall outside the definition of personal data. We recognise that the definition of a relevant filing system is open to interpretation and that not all parties will agree. During recent months we have once again been reviewing our interpretation of what constitutes a relevant filing system and intend to publish new guidance in the near future, although this is not as a direct result of the recent issues surrounding bank charges. The new guidance is likely to represent a significant shift in emphasis from our existing guidance and our view will be that many more manual records are likely to fall within the scope of the Act. Following your complaint and others like it we contacted Barclaycard for a detailed explanation of its microfiche system, including how the information in it is stored and retrieved. It was not clear from the response whether or not the system was a relevant filing system; therefore Barclaycard invited me and a number of my colleagues to inspect it and see the system in operation. 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. We have informed Barclaycard of the outcome of our investigation and I will now write to it under separate cover with details of your complaint. If it has not done so already, I will instruct Barclaycard to provide you with the personal data you requested as part of your S.A.R - (Subject Access Request). 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. I require that you send me the information requested in my Subject Access Request. I have enclosed a copy of the original letter dated 15/11/06. I require my information sending to me within 7 days of receipt of this letter. I am being more than generous as your 40 days expired at the end of December. Should you fail to do this I will have no choice but to will report your non-compliance to the Data Commissioner's Office and I will consider an action against you in the Small Claims Court for non-compliance. I have received no indication of what happened to my original cheque therefore I have included a cheque for £10.Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. I would be happy to collect the Data from my local branch."

Hi Al, I have posted my letter below. Not quite as posh sounding as others but I hope it gets the point across! Dear Mr Udy Thank you for your letter dated 30/11/06. In it you state that in “April 2004 we agreed a settlement amount for your account and left a balance of £151.86 this shows as partially settled on your credit file. I would like to draw your attention to the enclosed copy of a letter from NCO Financial Services (UK) Ltd where it shows that this final payment has been paid and therefore I do not owe you anything. I am quite shocked and disappointed by the fact that you are taking money off an amount that you owe to me. I have reflected this in a revised claim. I accept the payment of £88 only as partial payment of my claim for £200 plus £3.05 which you have charged me in special purchase interest for the sum which you have taken. Plus £XXXXX compounded contractual interest. This makes a total of £XXXX As I was defaulted as a direct result of the penalties levied against me I will not deem the claim satisfied until this default is removed. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosity’s caused directly from the taking by you of penalty charges which you had applied unlawfully to my account. Please note that a mere correction or amendment to the entry will not be acceptable. I enclose a schedule of the charges which I am claiming with this letter. I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment. If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments. After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline. Yours Can you also see if you think I have filled in my spreadsheet correctly. I have added the interest rate but it seems rather low. STATEMENT DATEDETAIL OF PENALTYPENALTY CHARGED34.9% ON PENALTIESINTEREST ON PENALTIES34.9% ON INTEREST ON PENALTIESTOTALS:200.00230.863.053.4721/06/2003Overlimit fee charged20.0025.010.100.1321/07/2003Overlimit fee charged20.0024.440.190.2321/08/2003Late payment fee charged20.0023.850.280.3321/09/2003Overlimit & late payment fee charged 40.0046.510.430.5021/10/2003Overlimit & late payment fee charged 40.0045.360.600.6821/11/2003Overlimit & late payment fee charged 40.0044.171.451.6021/12/2003Overlimit fee charged20.0021.510.000.00 Can there only be £30 extra after adding the 34.9%. On the one hand I'd be happy I actually managed to fill it in correctly on the other hand there goes my villa in the south of France!!! Thanks so much for your help, your making a stressful situation so much easier. I thank you on behalf of my husband to who has a calmer wife now!!!! Cheers Sadi

Thanks Al. I'll draft a letter today. If I post it do you mind looking at it for me? I'm not so good at all the legal jargon! I'm off to the land of complicated spreadsheets, wish me luck!

Thanks Glenn I will. I'll read the threads too.Hope the hearing goes well on Friday!!! Look forward to reading about the outcome.

Thanks guys although I would like to be nice to them as Glenn says why should I now I've become "Outraged-from-Bolton" it's time for me to apply the pressure they've applied to me over the years!!! How do I get the court to order them to comply? Big AL can I be cheeky and ask you to look at my post in the Capital One thread, just when I thought I'd lost all hope I found out they are refunding money that I've already paid!!!! Cheers.

Thanks guys although I would like to be nice to them as Glenn says why should I now I've become "Outraged-from-Bolton" it's time for me to apply the pressure they've applied to me over the years!!! How do I get the court to order them to comply? Big AL can I be cheeky and ask you to look at my post in the Capital One thread, just when I thought I'd lost all hope I found out they are refunding money that I've already paid!!!! Cheers.

Well I am now outraged at Capital Ones behaviour! They say they are crediting some of my claim against a partial settlement. I finally got around to organising my paperwork last night and found the receipt from the finance company who took over the debt and I have paid the outstanding amount they say I owe them. As this was the 1st claim I put in I only did a simple claim with no interest or contractual interest added. As I am going to write to them regarding this theft of my money is it legal to change my claim adding on the interest and contractual interest I had got to the LBA stage. Thanks in advance for reading this and any help that can be offered.

Hello. I not sure if I can pursue this one further due to the length of time that has passed but would be grateful for any advice. I started the whole procedure last September, but due to illness from October - December I was unable to keep up with my claim. (i'm ok now!! ) My query is, I received a letter dated 30/11/06 and it says in part ..."As you may be aware the OFT are not challenging the right of banks to charge default fees, but merely the level of those fees. Although we feel our fees are just, we have reduced our fees to £12 so that we're in line with our competitors. I appreciate that you've incurred previous fees at the higher rate and would like to address this. As a matter of goodwill i'd like to reduce these fees to £12 each, so Ive refunded £88 onto your account today. I can see in April 2004 we agreed a settlement amount for your account and it left a balance or £151.86 this shows as partially settled on your credit file. I'll let the credit reference agencies know that your new balance is £63.86. If you want to, you can pay this amount and your credit file will show as fully settled. If you decide not to pay it will continue to show as partially settled. I understand you feel the default was added incorrectly and you would like it removed. The default was added correctly and in accordance with the agreement you sighed when you opened your account. It will remain on your credit file for six years from the date we sent you the statement of default." I have 2 questions. Is it worth me pursuing this in view of the time scale? Secondly the default only occurred because of the charges being added month after month. Can I get it removed? Has any one else succeded. I'm sorry if these issues have already been addressed in other posts, I did search them but couldn't see anything close to mine. Thanks for taking the time to read this. If you can help I'd love to hear from you. Thanks again (sorry about the shocking grammar/spelling I'm on my lunch break and typing as fast as i can!!!! )

Hi AL, Sorry I have posted a reply in totally the wrong place. Ok we'll ignore all that and start again! (Now you've had a glimpse of how my mind is at the mo!!) Right Barclaycard - I am still at the Microfiche blah blah, don't hear from you in 8 weeks will close file blah blah. That 8 weeks runs out the end of this month. I was going to rewrite to them with a quote or 2 about the new ruling and give them 14 days to send me my statements which I think is more than generous. I have most of the statements I need, I'm just missing 4 or 5. Is it worth hanging on for the statements or should I just work with what I have? Thanks for putting up with my confusion. Drinks are on me when this is all over!!! Sadi

Sorry wrong information. Should have put this in another section. The 40 days lapsed on the 20th of December. I was home over Xmas and didn't have access to a computer so hence partly my fault.

Thanks AL. I must admit have been letting timelines slip. New Year now so I will stick to what I say! Thanks again!! That's helped a great deal.

Hello. I received the usual microfiche letter from Barclaycard. I'm getting concerned as they say if they don't hear from me within 8 weeks they'll close my file. It's nearing that date as the letter they sent is dated December 8th. Is there a link to a letter that explains that the microfiche stance is no longer legal due to the Information Comissioners Office findings? I'm sorry if it's already been posted. I have looked through some of the posts, but I've not been very well lately and reading through lots of information just confuses me more that normal! Also as it was my fault for not responding sooner to their letter does the 40 days SAR request still count? Thanks for taking the time to read this.