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Ok thanks, just one more thing... since sending my prelim request letter, i have incurred more charges, do you think it would be acceptable to include these in my LBA or would i have to start a seperate claim?

Hi Jonni2bad, My charges were 25 quid a time, sometimes 75 quid in one month when the amount i exceeded my overdraft has most often been less than the charge applied to my account (that's what has always made it seem so unreasonable even though i didn't know they weren't really allowed to do it!!!) When it comes down to it i still don't know for sure that default notices have been issued so i'd have to find that out before i could continue with my claim and i really just want to get on with it now so, although your advice is appreciated, I'm dropping that part of my LBA... which i still haven't sent as my computer keeps playing up. I've adjusted it to suit my claim but as for the bit highlighted in red... I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice. ...is this regarding the default notice removal too? I assume so but thought i'd better find out!

Thanks, I think I'll leave the default thing as it's definitely been my fault on some occasions for going over my limit! LBA will be sent recorded delivery first thing in the morning!

Can anyone out there offer any advice please? I'm really not sure what to do about the default notice thing!

My case so far.... 27th March - sent DPA letter 29th March - received acknowledgement letter with 'what do you mean by manual intervention?' tactic, and giving me back my cheque (but asking for it back for the extra info!) 19th April - sent letter clarifying 'manual intervention', enclosing cheque " I would think that it is quite clear what is meant by the term “manual intervention”. However, to clarify my request, in addition to the details of transactions and charges applied to my account (including individual dates and amounts) since March 2000, I would also ask for any evidence that shows when an employee actually checked my account, applied a charge, allowed or disallowed a transaction, or indeed sent a letter due to any incidence resulting in charges applied to my account (as opposed to any automated systems that are in place). I would like the date and time of such interventions, and also the first name or initials of the member of staff involved in each of these interventions. Should you not be able to provide this information it will be assumed that the said intervention did not occur and Barclays will not be able to use that defense in any court case that might arise out of this situation. If there has been no such manual intervention please make this clear in your response " 20th April - Received acknowledgement letter saying request is underway and that they are not obliged to disclose information amounting to internal policies and procedures blah blah blah... Separately received copy statements, found 525 pounds of 'unlawful' charges over my two accounts. 2nd May - Received my REAM of 'personal data'! completely useless!!! 15th May - sent standard preliminary request for repayment from library, including the **default notice part giving them 14 days to accept my request and repay/give date of repayment 18th May - Received letter enclosing complaints leaflet... 'sorry you are unhappy...' blah blah blah and you will be contacted by 14th June, signed Mike Brophy. That brings us up to date but going by my timescale I should have sent my letter before action a week ago now but with too many things going on i neglected to do this and am now looking for some advice... Firstly, regards the default notice**I assumed i would have been issued more than one of these but not 100% sure and i'm now wondering whether i should have ommitted this part...also having been in overdraft for such a long time and often going over the limit, am i still within my rights to demand this being removed? if not, does it matter that i put it in my initial request letter and do i just omit it from the letter before action? Secondly does it matter that i haven't stuck to my timescale? I would appreciate any advice...need to get this letter sent!

I had a similar letter but without this bit... For the avoidance of doubt, the fact that we do not generally rrcord information in a way that ois caught by the provisions of the DPA, is in no way an admission that there was no such manual intervention. I sent the tenner and got a huge pile of around 400 sheets of info regarding my account, all personal stuff, cheque books and paying in books requested, and much more, much of which in a language very difficult to make sense of! I have poured through the info and found nothing relating to manual intervention except a 'notepad entry' about two paid referral fees that were repaid to me due to the bank's error, and i think that was a phone call i made if memory serves me! Anyway, i personally wouldn't bother sending the tenner again as it's fairly obvious that they aren't going to give you what you're after by the letter they sent you...anyone else got any views on this?

I'm there now! I've just been looking around again and found the answer to my question, I think I confused myself by reading too much before! I'm a little daunted by what I'm reading about Barclays determination to leave it to the bitter end! Please stick to 1 thread!

Thanks for your reply, but I also wondered if i wouldn't be able to claim it later if I didn't include it in the preliminary letter, does that not matter? If not great, I'll send it tomorrow!

OK, I'm not daft, I've been through the FAQ's, read posts til my brain buzzed and my eyes watered but I still need clarification on this one! I have got to the point where i'm ready to send off my request that Barclays refund my charges, I've calculated the total amount to be 450 quid on one account and 25 on another so i'm going to ask for this back. My confusion lies with whether or not i should add the interest on now or wait til i threaten action... I keep reading on peoples threads advice to wait before adding the interest yet the preliminary request for repayment template includes interest charges, can someone please enlighten me as to what I should do, I really want to do this right and UNDERSTAND it too! Thanks

Thanks for that guys, I'm determined to get my money back off this Wunch of Bankers!!! (Cheers Rooster-UK, made me )

I too had my cheque for 10 pounds returned...I forgot to include it with my DPA letter so sent a duplicate with the cheque the following morning. 2 days later i received 2 letters from Barclays, one returning my cheque and another stating i hadn't enclosed one but that my ''request for copy statements was underway and these will be provided shortly and without charge on this occasion'' but as happened to you, they requested a 10 pound fee for the 'data subject access request' in the same letter!!! Arrrgh!!!!

I sent my DPA letter on 27th March and received a reply a few days later. "...As regards your mention of "manual intervention" could you please explain what you mean by this term and in consequence which records you believe may be of interest to you..." this was my reply... "...I would think that it is quite clear what is meant by the term 'manual intervention'. However, to clarify my request, in addition to the details of transactions and charges applied to my account (including individualu dates and amounts) since xxxx, i would also ask for any evidence that shows when an employee actually checked my account, applied a charge, allowed or disallowed a transaction, or indeed sent a leter due to any incidence resulting in charges applied to my account (as opposed to any automated systems that are in place). I would like the date and time of such interventions, and also the first name or initials of the member of staff involved in each of these interventions..." I received this today... "...With reference to your subject access request under the data protection act, we are pleased to inform you that your request is currently underway. In consequence, any material that qualifies for disclosure as your 'personal data' will be sent to you within the statutory 40 calender-day period. As regards to your mention of 'manual intervention', the data protection act does not oblige the Bank to comment about matters that amount to internal policies and procedures..." Can anyone offer anything on this one? do I need to pusue it (and how)? Is it that important? I have received my copy statements and totalled 450 quid in charges... should i just continue with sending the initial letter for claiming back this amount? I'm not sure what my next move should be...and i'm sure that's what they're trying to do - make it as difficult as possible and confuse us so we give up, well it won't work with me!! I think this site is great by the way! (1st post!) and i've told all my friends!!