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Sophie v Barclaycard


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Hi,

After a few weeks of trawling this amazing site i have started the process to get back what is rightfully mine!!

I sent my DPA request letter to Barclays/Barclaycard just over a week ago. I received the standard reply from Barclays about them not being obliged to comment on manual intervention. Do i need to reply to this or should i just wait and see what they send in the form of statements?? (is there somewhere i have missed on the forum that answers this question...knowing me, most likely!!)

I also received the standard letter from Barclaycard about microfiche and statements dating from 2nd june 2004 to 4th July 2006. I will be sending the DPA disclosure request letter in the morning and will keep everyone updated on the response (although i think we all know what they will say!)

I will keep everyone posted.

Sophie.

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Hi Sophie, welcome aboard.

 

You don't need to worry about manual intervention. The fact they didn't respond to the question is enough.

 

If they do not supply the full list of charges, use our templated letters in the 'Library' to force disclosure (DPA non-compliance letters)

 

Best of luck

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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HI Sophie and welcome to the site.

 

At the bottom of my post there are a few links could you go through the

Please read this first link.

then teh Q&A

 

After that click "Bank list" find Barclays and make your 1 and only personnel thread. In this thread you need to enter dates , letters, all correspondence and you will get the best feed back from other Barcalys users.

 

Hope this helps

Jules

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Hi Sophie, welcome aboard.

 

You don't need to worry about manual intervention. The fact they didn't respond to the question is enough.

 

If they do not supply the full list of charges, use our templated letters in the 'Library' to force disclosure (Data Protection Act non-compliance letters)

 

Best of luck

 

Both on the job "hey":lol:

Sorry, over to you hun.

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  • 2 weeks later...

Just an update on things:

Im still awaiting my statements from Barclays.

Last Wednesday (19th July) I received the expected reply from Barclaycard stating that the microfiche documents were not covered by the DPA and could be purchased for £3 a sheet etc. I have now compiled the LBA which I intend to send in the morning, unless anyone advises me differently in the meantime...

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  • 2 weeks later...

Here's an update... I received on the 30th July a letter from Barclaycard stating that there is nothing more they can add in regards to sending a full 6 years worth of statements.

Could someone confirm that the next step for me is to sit out the remaining time until the 40 days are up (the deadline ends in 7 days) and then from there send the preliminary approach letter and contact the information commissioner regarding non compliance??..i think thats right???

As for Barclays they have still not sent a single bank statement. However i did manage to dig up a years worth of old ones, in one year i was charged £430..unbelievable!! Im thinking that i should wait the week for the deadline to end for them too and then go from there with the preliminary approach letter.

any advise would be much appreciated...

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I would start with the letter we have in the templates library for DPA non-compliance. There are several versions, so pick the one that suits the timescale etc.

 

Once that has been done, it will bne easier and quicker for you to start legal action to force them to comply.

 

Get prepared to write to the IC at the 40 day deadline.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 2 weeks later...

I have received my barclays bank statements, a day after the deadline!! I already sent the Non compliance letter issuing them with a furthur 7 days to resolve the situation but now the statements have arrived i will go through them....

Barclaycard however have failed to send all statements so i will be contacting the information commissioner on Tuesday when the LBA deadline is up. After that i shall be writing to both Barclaycard and Barclays to request the money they owe..shall keep you posted.

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Sent complaint to information commissioner regarding Barclaycard.I will compile the prelim approach for repayment to them today, since i have two years of statements to go on i can work out the missing years this way.

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Received this morning a reply from Barclays bank stating they are looking into my concerns and will get back to me by the 20th September... i shall only wait the required 14 days and then proceed to the LBA.

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Good work Sophie

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Posted preliminary approach for repayment letter to Barclaycard, as they have refused to send the complete six years worth of statements i have had to estimate the amount owed to me. I have requested a repayment of £540. I will wait the 14 days to see what they intend to do.

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Did you issue any DPA non-compliance letters to them?

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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yes i did jonni2bad, i think i must have forgotten to add that into my thread!!! i sent them several requests for the missing statements and then about 16 days ago after the deadline i issued Barclaycard with the non compliance letter...was this the correct procedure?? i hope so!!

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It was... What timescale for reply did that give? 7 days??

 

If it has passed, you should issue a court claim for non-compliance. This will have to be in person, not MCOL.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I have received this morning a letter from Barclaycard offering me £216 as a goodwill gesture. Am i right in thinking i now send them the rejection of settlement letter??? and if so what is the time scale i should give them to respond? they still have 9 days before the end of deadline i issued in the approach for repayment letter. Any advice would be much appreciated.

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Could anyone offer advice on my next step: I have sent Barclaycard the request for payment letter asking for £540 and they have replied offering me £216. Is there any need to send the LBA as they are not likely to budge or do i just send them the rejection of settlement letter and began filing for a court claim???

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Please follow the step-by-step process. It has been proven to work and there are no shortcuts.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Thanks Barracad for your help, I have followed the step by step process to now but i was a little confused as to whether i send the rejection letter or ignore the offer and just send the LBA..please could you clarify that it is the LBA that should be my next move?

Thanks, Sophie.

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Your post on 6th Sept suggested you had already posted the LBA. Is that not correct?

 

Perhaps there is just too much confusion because this thread seems to be talking about 2 separate claims...

 

If their offer was in response to an LBA, you should send a rejection letter. If it was a PRELIM REQUEST letter, then simply amend the LBA to include a short sentence outlining your refusal etc.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Thanks Jonni2bad for your help!!

 

The LBA sent was for Barclays bank not Barclaycard (i shall highlight in bold the bank im talking about from now on to make it easier to follow!!)...I guess this thread is getting a little confusing. I started both Barclays and Barclaycard in the same thread originally as i sent one letter to Barclays bank to cover both accounts (my credit and debit account), i should have realised that this may cause confusion somewhere down the line...on a brighter note, i have started a seperate thread for my halifax account :)

 

The letter was a prelim request so i shall go to the next step and send the LBA..

Thanks for helping resolve my issues, it's much appreciated!!

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