morgan stanley or barclaycard ***DELIGHTED**

[brindles]

Back to the S.A.R. I am now feedup waiting for the missing statment. I sent the following.

 

 

Me

at my address

11th December 2008

BARCLAYCARD HOUSE P.O Box 5592 Northampton

NN4 1ZY

LETTER BEFORE ACTION.

Data Protection Act 1998 Subject Access Request

Dear Sir/Madam

Account number

You have failed to comply with your obligations to my subject access request. You have acknowledged receipt of this request as the 21st October 2008. You had 40 days to comply,40 days have passed.

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account.

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

Additionally, all records you hold on me relevant to these accounts, including but not limited to:

1. Transcriptions of all telephone conversations recorded and any notes made in relation to
   telephone conversations by your company
   
2. Where there has been any event in my account history over this period which has required
   manual intervention by any person, I require disclosure of any indication or notes which have either
   caused or resulted in that manual intervention, or other evidence of that manual intervention in
   
3. 
   relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response
   


1. Specific details of the fees/charges levied by any other agency in respect of these accounts and a
   detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/
   charges were levied.
   
2. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.
   
3. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
   

 

1. A list of third party agencies to whom you have disclosed my personal data and a summary of
   the nature of the information you have disclosed.
   
2. A copy of all account statements for the duration of the agreement.
   
3. Please would you also advise me of the logic involved in any automated decisions taken by you
   about me pursuant to section 7(1) (d) of the Data Protection Act 1998.
   
4. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of
   1974.
   

Any Other information relating to these accounts

If you do not comply fully with the statutory notice served upon you within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

Yours faithfully

brindles

I can the numbers, they are a copy and paste issue.

[brindles]

I got my statement

 

 

 

 

 

barclaycord

Our Ref: Barclaycard House

PO Box 5592

Northampton NN4 1

Tel: 0844 811 9111

12 December 2008

Dear brindles

Your statement copy

BARCLAYCARD SERVICES

ACCOUNT NUMBER: 5301 2723 3028 6006

Thank you for contacting us to request a copy of your

statement(s), which (is) are enclosed. I hope that (this) these

will be helpful.

Yours sincerely Account Manager Barclaycard Customer Services

Enclosure: Copy Statement(s)

When calling 0844 telephone numbers, call charges will apply. Please check with your service provider. Calls may be recorded and / or monitored.

[brindles]

Got a reply to my preliminary aproach for re-payment.

 

 

 

 

borclaycard

0000

 

Our Ref

Barclaycard House PO Box 5592 Northampton NN4 1ZY

Tel: 0844 811 9111

23 December 2008

§

Dear brindles

BARCLAYCARD SERVICES

ACCOUNT NUMBER:

5

i

c

Thank you for your recent letter, your details have been passed to me in order that I may respond in my capacity as Customer Relationship Manager.

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.

In your correspondence you have outlined a legal argument 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.

Putting the above to one side, as a good will gesture and without any admission of liability, I am prepared to credit your account with the difference between the charges that you have incurred and the current £12 fee. This would amount to £304.00, plus 8% interest.

The adjustment will be confirmed on your next statement.

May I take this opportunity to remind you that the best way to avoid similar charges in the future is to remain within your credit limit and ensure that your monthly payment reaches us with the required timeframe.

[brindles]

Next i received.

 

 

barclaycard

Direct Line: 01604254664

Direct Facsimile: 01 604 2541 50

 

 

27th January 2009

1234 Pavilion Drive Northampton NN4 7SG Barclaycard Main Reception: Tel +44 (0) 1604 234234

Dear brindles

Reference: SECTION 78 of the Consumer Credit Act 1974

Barclaycard Account Number:

Firstly, please accept my apologies for the delay in response and for the inconvenience this may have caused.

I write further to your letter and the enclosed £1.00 fee requesting a copy of your executed agreement for the above account.

Please find the following documents enclosed:

1. A copy of your original Morgan Stanley Credit Agreement at the time you opened your
   account.
   
2. The current credit limit on your account is
   
3. The current balance on your account today is £
   
4. The next minimum monthly payment of £ is due on February 2009
   
5. Please note, a copy of your current Barclaycard Credit Agreement will be sent under
   separate cover.
   

The information we must provide to you under the terms of Section 78 is prescribed by the Consumer Credit Act 1974 and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

You will be receiving your next statement shortly which will provide you with the full details of your account.

This completes our obligation to you under Section 78 of the Consumer Credit Act 1974. Yours sincerely

 

 

 

 

Louise Croucher

 

 

And below is the cca they sent me, sorry in 2 parts but its a big piece of paper. thanks

 

 

http://i494.photobucket.com/albums/rr305/brindles9/bca1.jpg

 

http://i494.photobucket.com/albums/rr305/brindles9/bca2.jpg

[brindles]

wahey I got photobucket to work. any advice on the cca above is welcome but i think it is unenforceable, from what i have gathered.

 

below is my responce to barclays settlement offer.

 

Me

at my address

27* January 2009

BARCLAY BANK t/a Barclaycard Barclaycard house Northampton

NN41ZY

Re: Account number Response to settlement offer. Letter Before Action.

Dear Tim Young

Thank you for your letter dated 23rd December 2008.

respectfully decline your offer of settlement and request, that you return to me all charges imposed on this account, totalling £

In order to avoid Litigation against you, I am prepared to temporarily accept the sum offered as partial settlement on the clear understanding that the remainder is paid within the next 10 days. Failure to comply with this request will result in legal action against you for full recovery.

In your letter you refer me to the terms and conditions applied to my account, I take this to mean the terms and conditions I accepted on the successful application of my Morgan Stanley Dean Whitter card at 11th July 2001. This should have been supplied to me as part of a subject access request I made to your company 15th October 2008, As of today's date, Barclaycard have been unable to supply any such terms and conditions.

You also say your company disagrees with my legal point of view. I have therefore re-examined my evidence and indeed have found there to be a error.

In my schedule of charges I calculated the interest you have charged to be 23.9% purchase annual rate

The correct annual rate for cash being 26.8%.

I have enclosed a revised schedule of charges to reflect this.

 

If you do not accept my conditions for acceptance, or you do not respond within 10 days, the money transferred to my account should not be viewed as my acceptance and I will refund this sum back to you upon your request.

I trust this clarifies myposition. Yours faithfully

brindles

[brindles]

barclays responce was to credit more money to my account but at the samr time they lowered my credit limit by 500.

 

letter from barclay

 

 

 

 

barclaycard

Our Ref :

Me

at my address

 

 

Barclaycard House PO Box 5592 Northampton NN4 1ZY

Tel: 0844 811 9111 5 February 2009

Dear brindles

BARCLAYCARD SERVICES

ACCOUNT NUMBER:

Final Response

I write further to the complaint you raised with regard to default charges applied to your account.

I am sorry that this matter has not been resolved to your satisfaction. I have reviewed your complaint and detail my findings below.

Our Understanding of your Complaint :

You feel that the charges incurred on your Barclaycard account are unfair and you have requested a refund of the charges plus interest .

Background to the events leading to your complaint:

Following publication of the report by the OFT, Barclaycard reduced our fees to £12.00 with effect from August 2006. Therefore, we agreed to credit your account with the difference between the charges that you incurred and £12.00.

Having checked our records, I can confirm that you have been charged fees totalling £833.76 including 8% interest; we refunded £328.32 including 8% interest of these charges.

Summary of our Internal Investigation:

In the circumstances, as a gesture of goodwill, I have credited your Barclaycard account with a further £505.44 including 8% interest representing the remaining charges. However, we believe that our charges are fair and reasonable.

 

 

I am sorry if this is not the outcome you wanted, however, I hope my explanation is helpful. For the purposes of the Financial Ombudsman Service you may regard this letter as our Final Response to your complaint.

You will find more information about the Financial Ombudsman Service in the enclosed leaflet. Please note you have six months from the date of this letter to refer to the Financial Ombudsman Service for investigation.

Yours sincerely Simon Wilkinson Barclaycard Customer Services

ENCLOSURE: Financial Ombudsman Service - "Explanatory Leaflet".

 

 

 

in responce i have sent another rejection letter but with the fiqures adjusted to into account the new offer.

 

I have also now sent the above letter before action kindly supplied by noomill. I edited out the default part as i am fully up to date with payments and have never been defaulted.

 

Well thats it, I know i have plundered my way through but seem to be getting there. Please point out my mistakes so i can do better next time.

waiting for barclay to reply...til then thanks everyone.

Edited February 12, 2009 by brindles
no space.need paragraph.

[the_shadow]

You also say your company disagrees with my legal point of view. I have therefore re-examined my evidence and indeed have found there to be a error.

In my schedule of charges I calculated the interest you have charged to be 23.9% purchase annual rate

The correct annual rate for cash being 26.8%.

I have enclosed a revised schedule of charges to reflect this.

 

 

haha I almost spat out my coffee when reading that... Yes I've made an error... you owe me more money :D:D:D:D:D:D

[noomill060]

[brindles]

hi all,

No responce from barclaycard to my letter rejecting there last offer. So I now need to file N1 at my county court.

 

can anyone advice me on the wording of this please (or what not to say)

 

the n1 asks for brief paticulars of claim. what is meant by "brief" or do i just take it literaly.

 

all advice is welcome,thanks to you all.

[slick132]

Hi Brindles,

 

Follow the links through from here to the BC POC - http://www.consumeractiongroup.co.uk/forum/barclaycard/114914-new-barclaycard-poc-n1.html

 

[brindles]

Thank you slick,

I have taken a look at the link but im a little confused.

 

i understand the POC up to where I need to sign. The bit that says schedule one, should this be all be on one word document or a new document.

In other words, Do I attach 3 document to the ni

POC

Schedule one

Schedule two(charges) or just two documents

POC containing schedule one

Schedule two

 

sorry im just not sure.

 

thanks again, brindles

[slick132]

Looking into this BUT

 

Please note that on the POC, you must refer to them not as Barclaycard but as:-

 

BARCLAYS BANK PLC Trading As BARCLAYCARD

 

Back soon:)

[brindles]

thanks;)

[slick132]

Grrr. Just posted reply and lost it - here goes again.

 

If you have space on the N1 for the full POC, enter them on the N1.

 

If not, make the POC a separate page headed as per the example and citing BB PLC t/a BC as the Defendant.

 

Attached to the N1 should be 2 separate schedules:-

 

Schedule 1 - As per the wording at the foot of the example.

 

Schedule 2 - Will be your updated SOC.

 

Both schedules will be headed at the top showing you as Claimant and BB PLC t/a BC as Defendant and will then show Schedule 1 and Schedule 2 respectively.

[brindles]

Hi slick

Sorry you had to re-write it.

ok think i got that. Will get straight to it.

 

thanks very much, couldnt do it without the advice,

[brindles]

hi again,

i have completed form N1,schedule one and schedule two. I will file them at my county court tomorrow.

 

I have been going over and over the information on this site and i understand the process and my argument. I am confident with my arguement and am not bothered if they choose to defend, and although I would be nervious ,I dont mind going to court to argue the case.

 

All but 2 of the charges are before 2006, a fact i believe weakens any defence further. Well im going to keep on learning and be ready for the next step before i am there.

 

just one question please,

 

if they do turn up and defend and i begin to lose my argument,would the fact they do not have a valid cca support or weaken there defence?

would it be a good idea to slip this fact in during the process?

 

Thanks

[noomill060]

If they dont have a CCA they dont have any evidence that you ever agreed to pay their charges, do they?

 

Dont worry though, they wont be there to defend.

 

 

One step at a time though.

 

Get you claim form in and see what happens next.

[slick132]

Hi Brindles,

 

I personally don't think their failure to supply a valid Agreement affects your claim for refund of penalty charges.

 

Your claim will rely on your Court Bundle which you will need to prepare, to File at court and Serve on the Defendant, when the court directs this.

 

The Bundle will set out why you are entitled to the refund you seek together with the interest.

 

As long as this is complete, you should be able to get BC to agree to a settlement BEFORE the Heading Date.

 

You'd be wise to start to put the Court Bundle together in a document, ready for printing when required. There's a lot to include and you don't want to be struggling at the last minute.

 

[brindles]

Thanks noomill,

 

I handed my claim to the court today. so,here i go. I have subscribed to your thread, so i am foreward of there eleventh hour deals and unless advised otherwise,I AM GOING TO COURT.

 

Thanks slick

 

I have been in receipt of job seekers allowance since jan 09. I handed over form EX180 application for a fee remission. I was told the EX180 will be dealt with first, then my N1.

In other words, it will take a week or so longer to process my claim.

 

As i am on income based jsa i am confident a remission will be granted,so no further delays.

 

I will use this for the preperation of my court bundle. I still have a lot to understand so it looks like more sitting up till 3am with intermitent dizzy spells and blurry eyesight.lol.

 

Ok im going to crack on while i have the buzz,

 

thanks for all the help.

[brindles]

I have today sent Barclay's a Notice pursuant to s.10 of the Data Protection act.

thanks

[brindles]

Hi all,

 

The court have posted my N1 back to me, Please provide proof of income based job seekers allowance.

 

arrgghh..I thought I had, Seems the proof I enclosed with the remission form only said my entitlement to job seekers allowance...not income based job seekers allowance:eek:.

 

Oh well, back to the job centre and ask them to get it right this time.

 

I will let you know when I have re-submitted my claim.

 

thanks everyone.

[brindles]

Ps..took them long enough to realise...

[the_shadow]

Ps..took them long enough to realise...

 

I think the courts are getting overrun with all the cases at the moment, I put my N1 in two weeks ago and they only cashed the cheque last friday, still not received notification yet.

 

Good luck

 

PmW

[brindles]

Been to job centre today, they say they are unable to give me a letter there and then, they will post it.

 

More delays. Thanks for the reply, let you know as soon as I have my N1 back in the court.

 

thanks again, its fantastic to know your help is there.

[brindles]

Hi,

I know have proof of my jsa and ready to file my claim(again).

 

Some of my charges go back past 6yrs. Could you please advise me how to incorporate s32 of the limitations act 1980 into my particulars of claim.

 

Thanks for the help:)