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    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
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    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
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Barclaycard/Strange reply to DPA


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I sent a DPA to his shower recorded on 16th June, I received a leter saying it was being treated as a complaint etc. Today I received a lettter contents below. I haven't requested any refund as I don't know what to claim yet as I have no statements but I think they will be around £300, also 74/12 = 6.16 so how many charges is that supposed to represent. I checked my account on line tonight and the 74 has been refunded, any advice on how to respond gratefully received.

 

Thanks

 

5 July 2006

Dear xxxxxx

BARCLAYCARD CUSTOMER SERVICE ACCOUNT NUMBER:xxxxxx

I write further to your letters of i6th June 2006, your correspondence has been passed to me in order that I may investigate and respond in my capacity as Customer Relationship Manager.

With regard to your request for a refund of charges I am sorry you feel the charges you have incurred are unfair. We believe that our charges are both fair and transparent, and we make them clear in our Terms and Conditions, and on the reverse of every monthly statement. These charges are avoidable by staying within your limit and making your monthly payment on time.

In your correspondence you have outlined case law which you say supports your view. As I am sure you will appreciate Barclaycard is aware of all the information you have drawn to our attention. I must inform you however, that we disagree with your legal analysis.

However, as a goodwill gesture and without any admission of liability Barclaycard is prepared to credit to your account the difference between the charges that you have incurred and the £12 fee recommended by the OFT. In accordance with the charges incurred this would amount to £74.00. The adjustment will be confirmed on your July 2006 statement.

I hope that this now clarifies the situation. Should you have any further questions regarding this matter please do not hesitate to contact me. If my reply does not meet with your expectations you may ultimately be eligible to refer to the Financial Ombudsman Service. Further details of this service are available on request.

If I have not heard from you within 8 weeks from the date of this letter, I will close my file in accordance with our usual practice.

Yours sincerely

Tracy Burgess

Customer Relationship Manager

Consumer Health Forums - where you can discuss any health or relationship matters.

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tell them to wise up-the OFT DID NOT RECOMMEND £12-this is a lie that they are starting to use.OFT said that £12 was where they would get involved,not that it was fair. Barclaycard must be the most awkward and twisted outfit to deal with.

 

Yeah that is true , but I haven't actually made a request for a refund yet, only sent off the DPA, how do I reply to that letter. I haven't a clue what my charges were!

Consumer Health Forums - where you can discuss any health or relationship matters.

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just say something along the lines of-"thank you for pre-empting my request for a list of charges for refund,but I am requesting a FULL refund of charges,not a sum amounting to the difference between the full amount and a notional figure which has no basis in fact..... LOL

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I wouldn't bother to reply, they've refunded £74, nowhere in her letter is there any mention of full and final settlement and shes not expecting a reply for 8 weeks.

What I would do is send a letter to the DPA address reminding them that they have X days to comply. When you,ve worked out the figures reduce the claim by £74

 

One thought, you did send the DPA fee of £10?

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I wouldn't bother to reply, they've refunded £74, nowhere in her letter is there any mention of full and final settlement and shes not expecting a reply for 8 weeks.

What I would do is send a letter to the Data Protection Act address reminding them that they have X days to comply. When you,ve worked out the figures reduce the claim by £74

 

One thought, you did send the DPA fee of £10?

 

No I asked them to take it from account which they haven't

Consumer Health Forums - where you can discuss any health or relationship matters.

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That's ok, you authorised payment, if they haven't taken it, that's their choice.

The 40 days runs from date of receipt ie June 17th?

 

I would send the Data Protection Act reminder around the 25-30 day mark.

 

I will send reminder around 14th which is about 30 days.

 

Odd rsponse from BC though, thanks for replies

Consumer Health Forums - where you can discuss any health or relationship matters.

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Just had my acknowledgment of DPA SAR letter although they also keep on referring to me making a complaint and that they will answer me by the 1st August. I think they may be jumping the gun here as I haven't actually made a complaint. Yet.;)

_________________________________________

Alliance & Leicester MBNA Credit Card

Data Protection Act letter sent 3 July 2006.

Incomplete list of charges received 12 August 2006

Requested repayment of charges 10 November 2006

LBA sent 24 November 2006

Estimated £4650 in fines and interest.

Barclaycard

Data Protection Act letter sent 3 July 2006.

Incomplete statements sent 9 July 2006

Requested repayment of charges 14 August 2006

LBA sent 30 August 2006

Estimated £468 in fines and interest.

Initiated claim at MCOL 20 September 2006

Claiming £615.47 including fines & interest, s69 interest and costs

Claim acknowledged 10 October 2006

Defence filed 20 October 2006

Settled in full £640 total. 14 December 2006

Vodafone

Requested Default Notice removed 10 July 2006

Received letter agreeing to request 10 August 2006

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Just had my acknowledgment of Data Protection Act SAR - (Subject Access Request) letter although they also keep on referring to me making a complaint and that they will answer me by the 1st August. I think they may be jumping the gun here as I haven't actually made a complaint. Yet.;)

 

They did same and when I rang and said I haven't yet made a complaint they said it was the way they deal with these requests now - I haven't requested a refund yet!

Consumer Health Forums - where you can discuss any health or relationship matters.

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This is their latest tactic I think - confusing the babee-jaysus out of us! Every letter and every date they have made reference to with me has made no sense at all! They obviously have their paperwork in a mess and their panties in a bunch!!

 

My heart bleeds...

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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hi guys ,just received statements from B###ARDCARD,in the covering letter they say they can't give me any statements beyond MAY 2004 due to it being on MICROFICHE,i've read the threads and it seems a lot of people are getting this response from these gangsters,i was just wondering if someone could pm me and give me some advice on what to do next(a letter or something) as far as i have read MICROFICHE is covered by the dpa but i don't know what to write to make me sound as if i know the law really well, AT THE MINUTE MY b###ardcard BALANCE IS £901 AND SO FAR THE CHARGES I'VE COUNTED TOTAL £720+INTEREST, so it could well be that when i receive the rest of my statements my total balance will be made up of unlawful charges, I CANNOT STAND BACK AND LET THEM GET AWAY WITH THAT, I WOULD BE VERY GRATEFUL FOR ANY ADVICE OR INFO, CHEERS

B.of.IRELAND-FINAL RESPONSE RECEIVED(NO OFFER)CLAIM BEING FILED

Capital one-offer received for £240(not even half claim)CLAIM BEING FILED

Barclaycard-offer received for £430(not accepted)CLAIM BEING FILED

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This is nonsense - microfiche is a relevant filing system. See the articles here http://www.ico.gov.uk/eventual.aspx?pg=SR&cID=5152 and quote it to them. As far as I can see it a microfiche record of statements should fit the definition for a relevant filing system. The only way it wouldn't was if the statements were mixed up or each statement was divided and stored in different places. I don't see how that can be the case if they can locate them quickly enough for a £3 fee.

_________________________________________

Alliance & Leicester MBNA Credit Card

Data Protection Act letter sent 3 July 2006.

Incomplete list of charges received 12 August 2006

Requested repayment of charges 10 November 2006

LBA sent 24 November 2006

Estimated £4650 in fines and interest.

Barclaycard

Data Protection Act letter sent 3 July 2006.

Incomplete statements sent 9 July 2006

Requested repayment of charges 14 August 2006

LBA sent 30 August 2006

Estimated £468 in fines and interest.

Initiated claim at MCOL 20 September 2006

Claiming £615.47 including fines & interest, s69 interest and costs

Claim acknowledged 10 October 2006

Defence filed 20 October 2006

Settled in full £640 total. 14 December 2006

Vodafone

Requested Default Notice removed 10 July 2006

Received letter agreeing to request 10 August 2006

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I`m amazed that you got a reply.I sent mine on the 12th June and have heard nothing since!! They havent cashed the £10 cheque either. Called R Shiels a couple of times but just get voicemail.Time to send a reminder methinks?

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Yep -I got the same response. They also mixed up all the dates of my (and their) previous letters, and made no sense at all. I sent the following:

 

I am in receipt of your letter dated 6th June (I assume this was an error, and the date should be 6th July.)

 

You make reference to the letter I wrote to you which you say was dated 21st June (please note this was actually dated 24th June). I have enclosed another copy of this letter (a).

 

I am somewhat surprised that you make mention of the fee of £10, as I sent the cheque for £10 in the letter you make reference to having received. It is apparent you have not cashed this cheque, yet you admit that you have indeed received the letter. I would appreciate that you return the cheque to me forthwith.

 

It appears you are unaware, but I did receive a letter from Sue Lomas, the Customer Relationship Manager, on 2nd July enclosing statements since May 2004.

 

Although I disagree with the comments in reference to microfiche documentation not being covered under the data protection act as outlined in my letter dated 24th June (also referring you to the Durant v FSA 2003 case), since my account was only open a few months, and I believe that no charges were made during that time period, I am prepared to accept the statements Ms Lomas has already sent me and not persue you in court under the DPA for non compliance, although it is my right to do so under section 7 and section 15(2) of the Data Protection Act 1998.

 

I responded to Ms Lomas’s on 5th July (copy enclosed – (b)), and I state I will give Barclaycard 14 days (ie until 20th July 2006) to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive full payment of the charges levied from my account.

 

If you, or Ms Lomas, do not respond, or 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.

 

From the arrival of this recorded delivery letter, there are 10 days left to comply with my request for settlement.

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Mrs ETR got the same letter but from Fazel Yousaf.

 

here is my reply on her behalf. Not all original thought most of it was plagiarised from this excellent site. Should do the job though.

 

"Dear Mr Yousaf

 

Thank you for your letter dated 7th July 2006 please note that that unfortunately this offer of £276.00 is wholly unacceptable as there is no reason why I should agree for the Bank to refund only part of the charges that were unlawfully taken from me. As stated in my first and second letters to Barclaycard I require a full and complete repayment of all unlawful charges.

 

My original request was for a schedule of all the charges applied to my account with appropriate descriptions for the past six years – in short a list of charges with dates and amounts - alternatively a complete set of bank statements for that period would have been acceptable. I wish to inform you that in the interim period I will be sending a copy of my letters and your response(s) to the Information Commissioner for your failure to comply with my original the DPA request.

 

Additionally you have entered a default notice against my credit record. This default 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 entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money and removal of any default notices. If you do not comply fully within 14 days then I shall begin a claim in the County Court against you for the full amount plus interest plus my costs and without further notice

 

My claim is for the entire amount of unlawful charges. I do not understand why the Barclaycard believes it to be acceptable to offer me a part return of the monies illegally taken. You state the refund is based on the OFT limit of £12 when all the penalties you have taken were taken before at your old rate. The OFT have stated that a charge of less (or more) than £12 could also be a penalty and that it would be for a court to decide, NOT them

 

Unless the Bank is willing to repay the amount in full then the legal process will commence as you have been advised.

 

Yours sincerely,

 

Mrs J Duree

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I would tend to keep to the tried and tested letters in the main. Whilst what you are saying is true (with a few tenses mixed), it's always best to keep unemotional. Remember the letter could end up in court.

 

Have the bank entered a default notice against you, or was this just pasted from amother letter?

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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  • 2 weeks later...

Can someone check this reply out for me in reply to their strange refund. Thanks

I refer to the letter received from yourself dated 5 July 06, in response to my Subject Access Request under the Data Protection Act 1998.

Whilst I thank you for having the foresight to anticipate that I will be reclaiming all unlawful charges on my account, I would like to bring it to your attention that I have not yet received my statements as requested in the aforementioned letter of 16th June 2006, I take this opportunity to remind you that the 40 day expiry is 29th July. I would therefore point out that the refund of £74 that you have credited to my account is not a full and final settlement and I shall be claiming the balance of the unlawful charges applied to my account, and I will therefore accordingly reduce my claim by the £74 that you have refunded.

I refer to paragraph 3 of your letter where you highlight my reference to case law, again I would like to point out that the letter I sent was a request for data held on me under the data protection act and no such reference was made.

I therefore request that you respond appropriately to my letter of 16th June by supplying me with the information that was requested at that time. I enclose a copy of the original letter.

Consumer Health Forums - where you can discuss any health or relationship matters.

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hi guys,just a wee update.this barclaycard shower are a joke.sent dpa ,received statements back to may2004 with letter about microfiche rubbish,sent reply stating microfiche is covered by dpa,they replied ;again saying microfiche isn't covered ,I PHONED INFORMATION COMMISSIONERS OFFICE AND THEY TOLD ME THAT IT WAS AND THAT BARCLAYCARD ARE PROBABLY THE ONLY COMPANY THAT DON'T RECOGNISE THE FACT AND THAT THE I.C.O IS TAKING STEPS TO ENSURE THAT THEY DO,sent letter to barclaycard telling them what the I.C.O said,barclaycard replied still stating microfiche isn't covered and if i'm not happy take it to the FINANCIAL OMUDSMAN SERVICE, so thats exactly what i have done; complaint made to F.O.S and I.C.O, lets see if they think i'm going to go away now .

B.of.IRELAND-FINAL RESPONSE RECEIVED(NO OFFER)CLAIM BEING FILED

Capital one-offer received for £240(not even half claim)CLAIM BEING FILED

Barclaycard-offer received for £430(not accepted)CLAIM BEING FILED

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cool.. let me know how you get on.. I am having same problem with barclay card... mind you Natwest trie dto tell me that credit cards weren't covered by the DPA - which is funny.. I sent her a fax, half an hour later, saying that I had as she had suggested taken legal advice and I could confirm that it was covered... funny!!! she rang me and said she'd send them for FREE!!! lol

 

But barclaycard are a pain - I would estimate the charges, but I haven't had many in the last two years.. they are mainly before that!! So I woudl probably be missing out on money.

Cahoot

JBD issued - 27/07/06, warrant issued 08/08/06

First Direct

Settled in Full

Capital One

Prelim Sent

Citi Financial

Offer of difference betwen £30 and £12

GE Capital - Evans Card, Data Protection Act

Argos Card, DPA

Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!)

Egg Card & Egg Loan,DPA

NatWest Card

LBA

Vodfone

3rd letter re: default

Studio & Ace

Prelim for Studio e-mailed

 

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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I am tomorrow intending to issue a claim against Barclaycard for non-compliance on account I estimate charges to be around £300 (£74 bizzarely refunded)The template is too long for MCOL so do I just download the N1 and send to the local county court with the fee. Do I send this recorded or do I have to go to the court with forms? I am claiming £20.50 which is 2hours at £9.25 and £1.00 recorded fee that I used on the reminder on 24/07, and also LBA for non-compliance on 31/07

 

Thanks

Consumer Health Forums - where you can discuss any health or relationship matters.

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You can't do this on moneyclaim, has to be N1 at your local court. Be aware that they may try and charge you £150 instead of £30 on the basis that it is for the return of documents. that's why you put a monetary value in the claim.

If they're unsure, give them details of Seminole's similar claim below and ask them to phone Clerkenwell Court for clarification

 

 

Claim Number: 6CK01728

Date of Issue: 11 May 2006

Deemed Served: 19 May 2006

Acknowledged: 25 May 2006

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