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It's all messed up...


Dottieminstral
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Back in April I made a complaint to the Woolwich about some charges that had been made to my account. I had been reading up on this website prior to my complaint and so was able to tell them what laws they were in breach of and also request my statements at a £10 charge. A couple of days later I got a letter stating that my complaint had been elivated to the Head Office because of it's nature. Soon after I had a letter from Barclays acknowledging my complaint and promising a response within a month. Last week I received my letter from Barclays offering me £800.....however, when I called them to discuss how they came to offer me this amount, it transpires that I have a total of £1600 in charges. Now, do I accept this or chase for my money. I never expected it to be quite as much and am happy to take the £800......I am honest enough to admit that I am scared of court proceedings.

 

Please let me know your thoughts....

 

Thanks.

 

DottieMinstral:?

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So, for 1 letter you can have £800 or for a couple more and filling in a form you can have £1600.

 

It's extremely unlikely that you will have to go to court ( although there is always a possibility and you must be prepared for that)

 

I would want all of my money, but the decision is always yours and if you feel happier with £800 without any hassle, take it.

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  • 2 weeks later...

Well I have just chased Barclays as they had 14 days to reply to my letter (declining their inital offer and asking for the remainder) and they have told me that they never received the letter! What a load of BULL! I am so angry! I am not sure what to do now.......:mad:

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Can we have a few more details of the stages you have completed, and what you have said so far etc, so that someone can advise.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi there.

 

Well I registered a complaint with the woolwich back on the 28th April and requested all of my statements to which they replied that there would be £10 charge - this was all done over the phone and was fine. I then got a letter from Barclays offering me £800 - I have not received any statements to date! So - I called my complaint contact and was told that they had calculated £1600 worth of charges and that the £800 was the final offer. I responded with the letter in templates that states that I am seeing a full refund and that they have 14 days to respond. This is the letter they claim they haven't received. Thing is - I know it's delay tactics.......they wouldn't acknowledge my voicemail messages and refused to believe that I had left any (I had left 6 over 3 days on machines and with colleagues) - so what do I do now?

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I started my complaint with the Woolwich on the 28th April requesting all of my statements. Shortly after I got a letter from Barclays offering me £800 - however I had not had my statements to see what I was actually owed. My officer dealing with my claim said it was £1600. So, I send a letter stating that I wanted FULL payment and that I trusted that the bank had informed me of the correct amount I was owed and that over 2 months later I am still waiting for my statements. Letter returned saying that they are not happy to give me a full refund and that they are sorry to see that I feel the need to go to court. Also at the bottom - your statements are being sent out in a seperate parcel........So, they are in breach of the 40 DPA response.........and now want to see me in court.......please - anyone I need some advice and reasurrance!

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Guest Mumofthreeboys

Check the libraries section, there is a template letter for non compliance of the DPA you can send.

 

The letter that you sent Barclays, was that the preliminary approach letter then I take it???

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  • 2 weeks later...

.....I don't know what to do. I am STILL waiting for my statements that I requested back on the 28th April. I did get a batch from 2004-2005 a week ago and have been chasing the rest since. I can't seem to get anywhere. I know that I am owed £1600 (I was told this by one of Barclays customer relations team) and so proceeded with the next stage asking for the full payment. I got a letter saying that they wouldn't pay it and that my statements are in the post..........I am very tempted to take the offer and run. The offer expires in 2 weeks and I don't want to lose £800........please - has anyone else been in a similar situation?

 

Stressed x:-?

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hi

Is this claim with baclays bank or barclaycard? I have had the same problem with barclaycard but found that barclays bank have sent all the statements i requested with the subject access request.

Did you use the s.a.r template from the library? if so you should have been on them after 40 days. If you did not demand statements using the sar and including the £10 charge, then start with this again now. There is no point worrying about their offer running out in 2 weeks as it would be like giving them £800 from your wallet if you accepted it(usually dont carry that much cash myself but hey).

Sounds like you need to check in the step by step instructions to check you have followed this properly. If you dont they will stall you.

If they are past the 40 days then report them to the information commisioners office.

 

DO NOT FORGET THAT THEY ARE IN THE WRONG NOT YOU!!!!

NatWest Data Protection Act 08/06/06. 29/06/2006 recieved all statements. total £240. Letter for refund 07/07/06. offer of £90. lba lost by P.O. hand delivered 10/08/06. money claim 25/08/06. will be deemed served 03/09/2006. acknowledged 31/08/06?? SETTLED :D

 

barclays Data Protection Act sent 08/06/06. Printout from 2001 arrived 14/07/06 total claim £740. 11/08/06 £425 offer. LBA 01/08/06. moneyclaim 22/08/06. served 28/08/06 acknowledged. DEFENDED. COURT SET DEC 13TH. LETTER OFFERING FULL REFUND + COSTS 17TH NOVEMBER. 21ST NOV MONEY IN BANK :eek::D :D :p

 

 

 

barclaycard Data Protection Act sent 08/06/06. 27/06/06 called to chase Data Protection Act. statements from 2004 onwards :-x arrived 14/07/06. Total of £160. putting this one off until i can buy my statements. NEXT INSTALMENT COMING SOON, VERY SOON.

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Okay - well thanks to Bookworm my posts have merged so there is a little more of my history around now.

 

So - 28th April - complained to Woolwich about the charges (over the phone) and told them that I wanted 6 years of statements - which they said there would be a £10 charge for. Ok'd it all.

 

11 May - Letter from Barclays 'Sorry you are unhappy with the charges incurred. Your comments are receiving attention and one of my team will be in contact with you again by the 6th June'

 

3rd June - 2nd letter (still no statements) 'Goodwill gesture of £800' Please sign the 'Full and Final settlement' blah blah. Called Jeremy Bigmore (who the letter was from) - after a week of calls he comes back to me. 'Well there is actually £1680 worth of charges we have taken from your account'. Request statements again.

 

13th June - Get fed up with waiting so send a 'Request for repayment of charges' to the tune of £1600.

 

29th June - Still no statements or response from the above letter. Call the bank - who never got the letter (learnt my lesson!) Resend it by fax with a 'Letter before action' - also mentioning that they are in breach of the 40 day deadline.

 

30th June - Letter from Rose Frimet

 

'I am sorry you have not decided to accept our offer (which I never stated in my letter!) which was made as a gesture of goodwill.

 

I am unable to refund you the full amount and it is with regret that you will now be proceeding to the County Court. I appreciate this is not the response you were hoping for, but I hope I have clarified the Bank's position.

 

I am happy to advise you that the statements you requested are being forwarded to you under seperate cover' (no mention of them being in breach of the deadline)

 

8th July - 18 months of statements arrive.

 

There have also been numerous calls chasing people and statements between the written correspondance.

 

So this is where I am - waiting for the remaining statements....and thinking that I don't want to go to court.

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Hi Dottie

 

Hang in there, I'm almost 100% sure you won't get to court (though you have to be prepared to) however I think, and this is just my humble opinion, that if the banks thought they could win they would have gone straight away and made an example for people not to mess with them.

 

But if you read the many hundreds of stories around the forums, they are continually paying up. It is intimidatory tactics and they are trying to use thier big corporation power to get to you but you're not on your own. We are ALL behind you to give any support we can.

 

Stick with it and keep us posted :D

Parachute Deployed !!! :-D

Data Protection sent to Barclays - 04/07/06

Reply from Pete Townsend - 06/07/06

Statements received - 12/08/06 - Claiming £200

Prliminary Letter sent 27/09/06

Reply from Martin Bennett 03/10/06

LBA sent 16/10/06

Partial settlement offered 25/10/06

MCOL Claim 04/11/06

 

OH NatWest Credit Card - Paid in full

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From what I have read it is not clear whether you have made a formal DPA SAR. If You have not sent a formal request I would do it immediately. Telling them over the phone that you want your statements and quoting the DPA does not constitute a formal request and therefore you cannot take action against them for not providing them. If you have not done so then send THIS letter and a further £10 fee (you can claim it back later).

 

This case shows that you need to follow procedure in order to get the result you want, without following procedure you will only get the run around and delaying tactics from the banks.

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

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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  • 2 months later...

mmmm, anyone know what happened with dotties claim?

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

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If that's the right answer for you, then nobody here should blame you.

 

Good luck with the Halifax!

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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