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concernedfromkent

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About concernedfromkent

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  1. Thats the problem! I'd just have to guess. I was thinking of going "worst case scenario". i.e. one charge of £20 every month for late payment, and another of £20 every month for overlimit fee. If they want to disprove me they are going to have to check the microfiche, in which case they can supply me with the information from it! Or is that a stupid idea? I don't know. I'm just clutching at straws here.
  2. Thanks! I'm doing that too. That's what the LBA I'm sending under separate cover is for, but I want to get things moving on the claim as it could be some time before court action is settled.
  3. They haven't even sent me that though! I've sent them 3 letters now, all saying I make my request under the DPA and am willing to pay £10 for the service. They haven't even sent me the statements post 2004 for me to estimate!!! My first letter was dated 7th July which is 40 days ago tomorrow. Do you think I should just ridiulously overestimate (i.e. one charge of £30 every month since account was opened) and wait for them to correct it or is that a bad idea? Obviously they're going to have to access the microfiche to say I'm wrong, in which case they can give me the information I require.
  4. The 40 day Data Protection Act peiod of compliance has expired, so I'm posting a LBA to the Barclaycard DPA address in Knutsford, and I'm also sending another letter under separate cover to their customer service address beginning my claim with an estimated amount that I'm going to claim. I'm going to send a copy of the preliminary letter listed in the library http://www.consumeractiongroup.co.uk...repayment.html, but have amended the section entitlyed "What I Require" as follows: What I require Due to your continued non-compliance with my Subject Access Request of 7th July 2006, I am unable to ascertain an exact figure of charges you have levied to my account. In continuance of said purpose to claim fees and interest, I estimate that the amount you have taken at £XXXX. I would request that if you are able to offer further clarification on this figure that you do so. In the event of continued non-compliance in 7 days from today I will seek a Court order obliging you to supply me with this information together with damages at the discretion of the Court, and without further notice. A Letter Before Action has been sent under separate cover to your Data Protection Office in Knutsford. Additionally you may have entered a default notice against my credit record. These defaults would have occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account. In addition to full payment of the sum mentioned above, I require that you remove the default entries that may have been entered against my account from the register. Please note that mere correction or amendment to the entry will not be acceptable. I'm no legal expert so I just thought I'd ask a few more questions from you guys before I sent it: 1) Does anybody have any suggestions or amendments to make to this before I post it? 2) What would you suggest is the best way to estimate the amount of charges levied? 3) Should I include a working of my estimation? Thanks again for all of your help (PS. I have posted this under anouther thread but it was getting quite cluttered so I thought I'd start a new one)
  5. OK. The DPA peiod of compliance has expired so I'm posting a LBA to the Barclaycard DPA address, and also sending another letter to their customer service address beginning my claim. I'm going to send a copy of the preliminary letter listed in the library http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-letter-preliminary-approach-repayment.html, but have amended the section entitlyed "What I Require" as follows: What I require Due to your continued non-compliance with my Subject Access Request of 7th July 2006, I am unable to ascertain an exact figure charges you have levied to my account. In continuance of said purpose to claim fees and interest, I estimate that the amount you have taken at £XXXX. I would request that if you are able to offer further clarification on this figure that you do so. In the event of continued non-compliance in 7 days from today I will seek a Court order obliging you to supply me with this information together with damages at the discretion of the Court, and without further notice. A Letter Before Action has been posted to your Data Protection Office in Knutsford today. Additionally you may have entered a default notice against my credit record. These defaults would have occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account. In addition to full payment of the sum mentioned above, I require that you remove the default entries that may have been entered against my account from the register. Please note that mere correction or amendment to the entry will not be acceptable. I just had a few more questions for you guys before I sent it: 1) Does anybody have any suggestions or amendments to make to this before I post it? 2) What would you suggest is the best way to estimate the amount of charges levied? 3) Should I include a working of my estimation? Thanks again for all of your help!
  6. Which step by step guide is that? This one? http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html Still trying to find my way around this site tbh.
  7. Thanks Glenn. I'm no legal expert (in fact this is all very new to me), but the way I see it is that B/card are saying my request for the info is invalid; I, however, am disputing this and saying it is valid. From what I've read on here it all boils down to whether the microfiche can be seen as a 'relevant filing system'. I say it can, they say it can't. If, as I contest, my claim is valid, then I want to wait until they have exceeded the 40 day DPA compliance before I start county court action. I know they have already said they are not going to comply with my request, but I thought to be 'doubly safe' I would wait until the 40 days are up so that when it goes to court I can say that I have done everything possible to get the information from B/card before taking this action, and that I have entered into a dialogue with them etc. etc. I'd be happy to post the letter they sent me on here if anybody is interested...? The way I see it is I might just get peoples backs up for no good reason if I go rushing into court action before trying every other option available to me first, which might then in turn go against me in court (hence complaining to Ombudsman and ICO first). Basically I want to appear to be a reasonable man... which I am This might not be the best way to approach it, but but it made the most sense to me. Does anybody else have any thoughts? Glenn - you probably know a lot more about the legal ins and outs of these sorts of things so I'd value your opinion.
  8. Thanks for all the advice. Just to be doubly safe I'm going to wait a week until the 40 day compliance for the DPA has expired then send a LBA (any advice is most welcome). Here goes...
  9. Thanks! Does it matter that in my original Subject Access Requests I didn't use the actual wording "Subject Access Request" or put a header on the letter with this on? I did make it very clear that my request was for charges that have been made to my account and not statments, and that I was willing to pay a fee up to £10 for this service. Would it be worth sending another letter with "SUBJECT ACCESS REQUEST" on it? If so, will that mean another 40 days from this letter?
  10. I'm having problems too. See my thread "Please Help! Problems with DPA"
  11. I've recently started trying to get money back from serveral banks but have some into some problems with Barclaycard. Despite two Subject Access Requests, they refuse to give me the info on charges made to my account and are using the microfiche argument. I've responded to this using templates I found on alanfromderby's thread http://www.consumeractiongroup.co.uk/forum/abbey-bank/2434-alanfromderby-abbey.html?highlight=microfiche, but this has got me nowhere. I then filed a complaint with the ICO and the Financial Ombudsman Service. I recieved a letter back from the Financial Ombudsman Service today as follows: Financial Ombudsman Service South Quay Plaza 183 Marsh Wall London E14 9SR XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXX XXX Dear XXXXXXXX Your complaint about Barclays Bank Plc Thank you for your recent enquiry. I am sorry to disappoint you but your complaint does not appear to be one we would deal with because it is solely about the firm’s legitimate use of its commercial judgement. I am afraid that there are some limitations to our powers. One of these is that we do not have a general “policing” function with regard to banks. We do not, for example, have power to order or recommend that a bank should limit its charges to a particular level or should exercise its discretion in levying charges in particular circumstances. Unless you tell me that the specific charge is not in line with the normal tariff, I regret that, on the information you have given, your complaint does not appear eligible for investigation under our rules. The bank is under no obligation to issue a list of charges which have been applied to your credit card account. However, they may issue statements which will have the charges listed on them. A charge may be applicable for the statements. I enclose, for your information, a leaflet which explains our service. Should you have any further queries, or believe your complaint is within our rules after reading the leaflet, please contact us again. Yours sincerely, Jenny Bryan Consumer Consultant I am prepared to take Barclaycard to court over this, using this template http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html but I want to make sure I'm doing the right thing first. Has anybody got any advice? Is it worth going to court or are they just going to reitterate what the Ombudsman has said? Will I get the same responce from the ICO? Has anybody done this before with Barclaycard? If so, how did you get on? alanfromderby's argument seems sound, and it worked for him, but that was with Abbey. I still have about a week until Barclaycard fall outside of the 40 days they need to supply me with the information before it falls outside DPA compliance so I will probably wait until then before sending a LBA. Should I wait for the ICO to come back to me first? Argh! Too many questions. Please help!!!
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