Barclaycard/Strange reply to DPA

[gizmo111]

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

 

Thats why I was goingto put in a charge of £20.50 for costs- do I have to physically go to court, as an N1 is downlaodable? Can I post it - recorded or whatever as getting to the court is nigh on impossible for the next few weeks.

 

Thanks

[Michael Browne]

You can post it, but since most court staff aren't familiar with this sort of claim unless you're there to argue the toss they'll probably send it back asking for £150 fee.

[gizmo111]

You can post it, but since most court staff aren't familiar with this sort of claim unless you're there to argue the toss they'll probably send it back asking for £150 fee.

 

Thanks

[kopitetome]

If you pay the 3 pound fees for the copy statements, can you claim that back as costs??

 

Had the microfiche letter as most others seem to, and have sent the reply in the abbey forum, but not holding out for much hope.

[gizmo111]

Letter received back from BC saying sorry their refund didn't make me happy etc, but still no statements or DPA compliance although letter said statements to 2004 should be with me, and microfiche crap on rest. Issued claim in county court today for DPA complaince and damages of £20.50

[gizmo111]

Acknowlegement of service - intend to defend whole claim.

[gizmo111]

Acknowlegement of service - intend to defend whole claim.

 

Defence and A/Q received today.

[Sayonara]

Defence and A/Q received today.

Can you tell us about the basis of the defence they are using?

[gizmo111]

Can you tell us about the basis of the defence they are using?

 

That it has complied with SAR (I haven't recevied a thing from them in way of statements or list of charges) as per letter dated 6/08/06

That I suffered no damages, and have taken no steps to mitigate loss.

 

That if I am requesting statments pre 2004 then I can't have them as no relevant filing system, but I can have them if I pay for statements.

 

Load of rubbish really.

[Sayonara]

That it has complied with S.A.R - (Subject Access Request) (I haven't recevied a thing from them in way of statements or list of charges) as per letter dated 6/08/06

That I suffered no damages, and have taken no steps to mitigate loss.

 

That if I am requesting statments pre 2004 then I can't have them as no relevant filing system, but I can have them if I pay for statements.

 

Load of rubbish really.

I am not sure how any of that magically makes their charges lawful.

 

 

Think you might be on to a winner there.

[Mux]

I received 23 blank sheets of paper with the 'Rest of it is on microfiche' excuse letter from Mr Yousaf.

 

Tried something different. Called the number given (0161-200-7476), warned them the call was being recorded and gave the ref number, etc.

 

Said that microfiche was covered by the DPA, I'd checked, they were lying and as far as I was concerned the 40 days was still ticking - and I'd report BastardCard for non-compliance on day 41 prompt. The very pleasant advisor said she'd pass on my comments to one Tracey Burgess, who is apparently dealing with the DPA 'backlog'.

 

And they cashed the £10 cheque....

 

I'm going to enjoy this one.

[LES VOGEL]

Hi just writing to let you know my experience with b/c, as with all others they used the same rubbish answers to dpa so what i have done is send them a LBA letter asking for estimated amount to be refunded, sent it to tracy burgess at the address given and after a couple of days i called her and she said she is waiting for confirmation from the m/fiche office to say how much my charges are!!! to see if they agree with my amount requested. that took me by surprise to hear her say that so i am waiting now to what happens. i have already put non compliance complaint in to ICO and have received ref number back. also i have already had default judgement against woolwich/barclays- which they paid up 2days before court hearing!!!and i'm about to start new claim for b/card in court as i have learned that barclays dont really listen until you press c/court button(i know they make offers) but i got 600.00 more out of them- because they didnt want the judge to set the figure. they panic and their man james mcdonald from legal dept called me 3 times to make sure i contacted c/court to stop my case. so my advise is take c/court action every time if you can, you always get your fee's back!!! all the best with your case cheers LES

[neilbass]

microfiche row getting me down

 

if we pay the £3 per statement can we get it back by adding it to the final claim?

 

dont want to estimate as we only have one pre-May 04 statement for my wife with a charge on it - cant see how i can do it accurately

[gizmo111]

I am not sure how any of that magically makes their charges lawful.

 

 

Think you might be on to a winner there.

 

Claim is for DPA non compliance - I haven't got as far as asking for refund yet!

[gizmo111]

Court date 14th December - DP non-compliance this is despite being offered the £50.50 I claimed by Adrian Ruffhead and again explaining to him that I have eceived nothing from BC - and would therfore not consider the 50.50 as F&F, and then receiving letter from court asking me to explain in response to defence why I was entitled to continue claim -

 

oh well xmas shopping in morning court in afternoon.

[gizmo111]

At last - offer received today £50.50 and they will send docs - confidentially clause.

 

Fax sent accepting docs and money but no confidentiality - success at last.

[gizmo111]

The microfiched statements came - but still not others - quick call to the data controller and I had them 4 days later - she was surprised I hadn't received any statements and legal had only told her to send microfiched ones - guess they never read anything I sent them saying I had received nothing from them. Money paid into BC account and letter prelim request sent to Adrain Ruffhead with copy of notice to discontinue non- compliance claim - so I guess I have won so far.