We've now had the hearing. Their barrister tried to get it struck out on the grounds that we were abusing the Data Protection Act as a way of getting sight of these agreements. The judge said the only thing we had done wrong was start the case using Section 7, when we should have started with CPR Part 8. So, it will proceed under CPR Part 8. It was allocated to the multi-track. Its been stayed for mediation and if unsuccessful then we need to file witness statements along with what legal authorities, statute and case law we intedn to rely on. The judge stressed on a number of ocassions that we need to seek proper legal advice and be represented. Is multi-track a problem for us? What about changing it to CPR Part 8? Should we now seek legal advice to continue? Got the impression the judge wouldn't look too favourably if we didn't have this. Any help or thoughts please.

Thank you we now have a copy of the AQ and in part D they say they intend to call 1 witness. Is this usual? Can we ask who it is? Also, should we be aiming for anything particular from the hearing i.e. that our Draft Directions are considered?

As we hadn't anything, we rang the court who said that Barclays had submitted their AQ before the 30th. We've now received a Notice of Allocation or Listing Hearing, which includes: the judge has considered the statements of case and allocation questionnaires submitted in this claim and has decided that a hearing is necessary before a final decision about allocation can be made. Reason for hearing: To establish what information is required on each side to enable the claim to proceed. As we haven't received a copy of Barclays AQ, we've written to them and requested this. Are we entitled to it before the hearing? Is there anything we need to do or prepare before this hearing? Thanks

A quick update: We had filed our AQ on time and as many weeks have now passed and we had not heard anything at all, we called the court today. They said that Barclays hadn't filed any paperwork and the judge had issued an "unless order" giving them until the 30th November.

Thank you

Thank you This is what we've written for the draft directions. Would you check its ok and does anything need adding/changing? Draft Order for Directions 1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court: a) A copy of the agreement for account number XXXXXXXX b) A copy of the executed agreement regulated by the Consumer Credit Act 1974 for account number XXXXXX c) Copies of correspondence and notes relating to the above accounts. d) Copies of any personal guarantees held If the Claimant fails to comply with this order, the claim will be struck out without further order.

Its a N149 AQ, would you please check our answers for completing it? A Settlement Would you like to use the free small claims mediation service provided by Her Majesty's Courts Service, to help you settle your claim with the other party? Do we tick Yes to appear reasonable or No because they have already had enough time? B Location of hearing The claim will be heard in the court to which this form must be returned. Is there any reason why it should be transferred to another court to be heard? tick No as this is our local court C Track Do you agree that the small claims track is the most suitable track for this claim? Yes D Witnesses So far as you know at this stage, how many witnesses (other than yourself) do you intend to call to give evidence at the hearing? 0 E - Experts Do you want permission to use an expert’s report at the hearing? No F - Hearing Are there any days within the next four months when you, an expert or a witness will not be able to attend court for the hearing? No G - Other Information In the space below, set out any other information you consider will help the judge to manage or clarify the claim, including any other information you consider should be supplied by the other party. As a further attempt to obtain the information we seek I refer the court to my letter of 12th October (copy attached) which informs the defendant of the further information which we are specifically seeking. Do we need to add anything to G about 'draft directions' or any response to the defence the bank have put in? Thanks

It seems that I misunderstood what 'manual intervention' is, and so we don't need to pursue that, we just need copies of agreements and correspondence relating to these. Is this the right info http://www.consumerforums.com/resources/templates-library/48-bank-templates/125-allocation-questionnaires-a-guide-to-completion- for completing this AQ for data protection act non-compliance? Also, when reading around I've come across references to 'draft directions', do I need to include that too? Thanks

When you say 'they get away with this', do you mean even going to court they can get away with it? Thanks I've had a good read about the CPR strategy, but had already started down the Subject Access Request route as I thought this would get us to see all the info, especially as there would have been quite a lot of manual intervention years ago.

Thank you for your reply. It is the agreements that we wanted to see sight of as there was some problems with one particular loan taken out many years ago, and we want to know what is in the agreement. As its over £25,000 its beyond CCA. I thought from what I've read here, that an SAR should reveal this data? Its the information that we requested.

We have now received Barclays defence from the court and need to complete the Allocation Questionaire. Do we respond to the points they've made in their defence? If so, we could do with some help re wording: 1. They admit receiving the SAR on the date specified but state that the request did not reach the correct department until 60 days later. Don't feel this is our problem and they still had 40 days from then before we started legal action. 2. They deny failing to comply as they have provided every piece if data that we asked for. They can't have as there are credit card and loan agreements missing. Thanks

Yes, there are credit card and loan accounts and they haven't included any paperwork about them at all.

Thank you. All agreements are missing along with any details of manual intervention which we know there was a lot.

As Barclays still haven't supplied all the data under the SAR and we've sent them a number of letters detailing what is missing, and a LBA, we're now going to court. There is one part of the N1 form I'm not sure of 2. The Claimant (has/had) an account number (Insert Account Number) ("the Account") with the Defendant which was opened on or around (Insert date) (and closed on or around (Insert date)). There is more than 1 account so do we just lite all the account numbers and the approx. date accounts were first held with Barclays?

Thank you. Will give them a call tomorrow morning.