For anyone who finds themselves in receipt of a claim

[zootscoot]

Also did the offer mention full and final settlement which may restrict your actual charge claim?

[zootscoot]

The offer included a letter of acceptance which I had to sign if I wanted to accept the offer.

 

I didnt sign as the letter didnt address the issues in my S.A.R - (Subject Access Request) claim.

 

Did you reply to this at all?

[noomill060]

Yes, "full and final settlement in the whole of your claim"

[noomill060]

No, I didnt reply to this offer as it didnt address the issue of my claim

[zootscoot]

When did you get the letter and when is the hearing?

[noomill060]

Letter reads-

 

As you will have seen from our defence, we disagree with your legal analysis that the charges levied to your account with Barclays amount to penalty clauses and are unfair. We do, however, recognise that it is not cost effective for either party to take this matter all the way to trial. Therefore in order to avoid the inevitable time and costs associated with persuing the claim to trial, we are prepared to settle your claim upon payment of the charges applied to your account, together with satautory interest and any court costs which comes to £239.55, subject to the terms set out in this letter.

 

This offer to pay £239.55 is in full and final settlement of the whole of your claim and without admission of liability, bla bla bla

[noomill060]

letter recieved august. Hearing tomorrow.

[noomill060]

As said above, I waited to recieve their defence, but none appeared.

[noomill060]

Does that letter look like a reasonable response to a claim for enforcement of a SAR?

[zootscoot]

So its too late to accept this payment before the hearing even if you introduced terms to state that it was for damages rather than charges.

 

You will need to go to court to put forward your assessment of damages. You will need to fully itemise all costs and produce receipts. If you have already got judgment for the non compliance of SAR you will need to request enforcement of this also.

 

Best of luck

 

Zoot

[zootscoot]

Does that letter look like a reasonable response to a claim for enforcement of a S.A.R - (Subject Access Request)?

 

No it doesn't. You should have written back and stated you would accept the payment only as settlement of the damages aspect of your claim and that you intend to go for enforcement for compliance with your SAR. Although its too late to worry about it now.

[noomill060]

I'll be happy with an order for them to comply with my SAR.

 

I'll let you know how long the judge laughs at me for!

[zootscoot]

I'll let you know how long the judge laughs at me for!

 

PMSL good luck

[noomill060]

Thanks zoot.

[Moneydownthedrain]

10 posts and a month of membership and you are an expert?

 

Whilst the people that run this site have been busy banning the single most helpful, informative, sympathetic, legally knowledgeable person there was on here, I just want to tell people what Laiste has done for me!

She has got rid of £48000 worth of debt for me and my husband that we've been taken to Court over (so far) and helped us get compensation as well. We would have been made bankrupt had it not been for Laiste, as we had no money and no options! Laiste has helped us in her own time and fought the cases all the way, she is absolutely amazing! There is only one Laiste and that's why people are angry about her being banned, she can't be replaced, despite silly comments that the site goes on! It won't, because people like Laiste are one of a kind, nobody can copy what she does and it's highly unlikely that someone with her originality and ways of sorting problems out will appear ever again. She wins cases because she approaches situations from a slighly left field position, that throws creditors. You should see her at work and I have been fortunate to, because I was in ill-health and couldn't present my cases. She frightens solicitors and barristers, and charms Judges! She's one formidable woman, but when you're taking on the banks, you need someone who knows how to deal with them and she definitely does! She might be irascible as someone else has commented, but she knows what she's talking about, and I couldn't have chosen anyone better to help me.

I am really upset that people are going to miss out on Laiste's truly valuable help and advice, the site will be very much missing a right arm without her. The only people that are going to suffer are the ones like me who know sod all about the law, until Laiste came along to explain it all in layman's terms and gave much needed support! The site is absolutely going to regret it's decision to ban Laiste, that's obvious from the backlash so far. If that isn't so, let me know when someone of Laiste's calibre joins, if ever ....!!! It's a bad decision in all respects and time for those in their ivory towers to accept that! However uncomfortable!

MONEYDOWNTHEDRAIN

[Moneydownthedrain]

10 posts and a month of membership and you are an expert?

 

Whilst the people that run this site have been busy banning the single most helpful, informative, sympathetic, legally knowledgeable person there was on here, I just want to tell people what Laiste has done for me!

 

She has got rid of £48000 worth of debt for me and my husband that we've been taken to Court over (so far) and helped us get compensation as well. We would have been made bankrupt had it not been for Laiste, as we had no money and no options! Laiste has helped us in her own time and fought the cases all the way, she is absolutely amazing! There is only one Laiste and that's why people are angry about her being banned, she can't be replaced, despite silly comments that the site goes on! It won't, because people like Laiste are one of a kind, nobody can copy what she does and it's highly unlikely that someone with her originality and ways of sorting problems out will appear ever again. She wins cases because she approaches situations from a slighly left field position, that throws creditors. You should see her at work and I have been fortunate to, because I was in ill-health and couldn't present my cases. She frightens solicitors and barristers, and charms Judges! She's one formidable woman, but when you're taking on the banks, you need someone who knows how to deal with them and she definitely does! She might be irascible as someone else has commented, but she knows what she's talking about, and I couldn't have chosen anyone better to help me.

 

I am really upset that people are going to miss out on Laiste's truly valuable help and advice, the site will be very much missing a right arm without her. The only people that are going to suffer are the ones like me who know sod all about the law, until Laiste came along to explain it all in layman's terms and gave much needed support! The site is absolutely going to regret it's decision to ban Laiste, that's obvious from the backlash so far. If that isn't so, let me know when someone of Laiste's calibre joins, if ever ....!!! It's a bad decision in all respects and time for those in their ivory towers to accept that! However uncomfortable!

 

MONEYDOWNTHEDRAIN

[zootscoot]

Noomill060

 

Would you like me to move your posts to your thread for you?

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/85351-barclaycard-sar-non-compliance.html

 

Only its a little strange that you settled this claim back in May?

[conar686]

..and this thread is going a long way toward making it so.

 

It must be time to close the door and move on.

 

If Laiste is having trouble with re-incarnation, I'm sure someone will help her out. It doesn't take any kind of divinity, legal or otherwise....... just a basic knowledge of computer usage.

 

I thought we were all (or mostly) on the same side.......can't we just get on with it???

 

Danny

 

I think the points made regarding the issue of Laistes departure deserve a small protest. SO blowing off Laistes departure by calling the thread a joke is a bit strong.

 

I see no reason for her to return under false colours and anyway it'd become obvious pretty soon, as I doubt she can moderate her straight talking style enough to fool the 'Hierarchy'

 

It would appear we are all on the same side but that would be us not them.

 

Rgds

 

MAC

[conar686]

I see Noom & Zoot have decided to carry on as if nowt happened, in an attempt to return this thread to normality.

 

However correct me if I'm wrong but wasn't it started by Laiste to discuss court claims ergo its her thread & you should have started another to discuss Nooms very valid issues.

 

Do I smell collusion or co-incidence

 

Is the subject not deserving of a response from 'duh management'

[joesoap]

I see Noom & Zoot have decided to carry on as if nowt happened, in an attempt to return this thread to normality.

 

However correct me if I'm wrong but wasn't it started by Laiste to discuss court claims ergo its her thread & you should have started another to discuss Nooms very valid issues.

 

Do I smell collusion or co-incidence

 

Is the subject not deserving of a response from 'duh management'

 

Yes!

[dannyboy660]

Mac,

 

Seeing your avatar standing proudly in the breeze has reminded of the quote

 

"Democracy is just a Greek drollery, based on the foolish notion that there are extraordinary qualities in what are very ordinary people" *(sic)

 

......look where that led us

 

Unfortunately we live in a Plutocratic society, and "the powers that be" have been fooling us for at least 350 years, since the last major punch up.

 

Anyway, too early for the heavy stuff.

 

I agree Laiste will be missed, but I don't think there's any need to send shockwaves through CAG over the possible loss of one person. I thought the world, or CAG at least, would end when 'Richard Spud' decided to bale out....but life goes on. I've not taken it too seriously as I'm a believer in cyber re-incarnation, if the Baddies can re-appear why not the Goodies??

 

All the best.

 

Dan

 

*attributed to Charles I

[joesoap]

Maybe for some, Cag did end when Richard Spud left and now that Laiste has gone, who knows.....? There's a hell of a lot of disallusioned punters on here now.

[car2403]

Are we making an assumption that Laiste wants to return to the forums? From her response above, I don't think we can.

 

Also, what good does sounding off do to those members that are viewing this thread? I love CAG and **hope** the loss of Laiste isn't a massive issue going forward, (although secretly many will fall foul of her removal) but I can't see how continuing this thread in the way it has been going is adding value to either existing, or prospective, members.

 

I think that CAG may need to review this decision giving the public outcry to bring Laiste back - we (the site management and it's members) now know that CAG isn't the only forum of it's type available and I would hate to see this forum degrade as a result of her removal.

[HSBCrusher]

Don't you start:p, Bookie & I have declared a truce and retired injured.

 

 

I had my say & got the response I was looking for

 

 

lol, ok, can i officially declare the matter closed and go and sit and watch In the Night Garden in peace? :grin:

but I don't think there's any need to send shockwaves through CAG over the possible loss of one person

 

I can't see how continuing this thread in the way it has been going is adding value to either existing, or prospective, members.

I think what can be said has been said on this matter.