Chris V Barclays Bank

[Cpt Black]

Hi, over two accounts I calulate £460 in charges (although this may be different when I receive the statements from them)

 

Sent the SAR on the 19 Jul so they should have received it today.

 

2 questions:

 

1) Is it ok to deal with both accounts at the same time, I put both account numbers in the SAR letter

 

2) when I receive the statments, how do I calculate the interest on top, and at what rate shold it be done - the rate of the individual account or a standard rate assuming I have invested the money in the high rate account?

 

 

Cheers

Chris

[squishy]

I'm dealing with 2 accounts at once and it doesn't seem to cause a prob as they're both in my name (1 is joint, but we're joint signatories so both can consent to money being taken out, don't need 2 sigs).

 

I didn't bother with interest cos it looked very confusing and I was told that lots of people didn't bother either.......

 

HTH am sure someone will give more advice

[shellevans]

Hiya,

From what of read theres a spreadsheet in the library that helps you calculate----costs---interest etc...

It seems that you only reaslly hit them for the interest when you need to go to court...at which time it will be

charges (with 8% interest) + costs..

I've just sent my DPA letter also so I haven't used the spreadsheet yet...

Hope this helps(hope its right!!LOL!!)

Shell 80)

[squishy]

I had assumed you meant calculating interest that they charged on your overdraft when they had taken charges; that is what I couldn't calculate. But the spreadsheet (if you have to go to court) is dead easy and works out the 8% for you as Shell says

[Rooster-UK]

Interest confuses most people.... there are two types.

The first interest is the debit interest charged to your account each month.

A lot of people ignore this as it can be a pig to sort out and the total interest is usually only a small percentage of the claim. (Basically you are entitled to claim back the interest on the unlawful charges).

 

The second lot of interest is only applied at the Moneyclaim stage and is 8% of the claim over the time you are claiming for.

 

The best way of sorting this out is to download the spreadsheet from the Bank Templates Library............

 

http://www.bankactiongroup.co.uk/TEMPLATE.xls

 

This template is for Excel.

 

Don't forget to save the completed spreadsheet on your PC.

Send a print-out of the spreadsheet as your schedule of charges with your letters.

 

Good luck with your claim.

[Cpt Black]

So I can claim back any interest charge because the bank charges put me into debt, and I can claim interest over the period of my claim, assuming the bank had paid my claim on the first day and I invested the money at 8%

 

Cheers

Chris

[Cpt Black]

Hi, I got this letter this morning:

 

Dear Mr C

DATA PROTECTION ACT

We refer to your letter of 18 July, which was passed to this department for comment due to your request for certain information, relating to bank charge, under the terms of the Data Protection Act ["the DPA"]

 

Please be aware that the Bank is not under an obligation to present information according to any particular format. Therefore, your request to assemple a schedule of charges has been turned aside. You may of course obtain this data from copy statements and these will be supplied to you within the next few weeks without charge on this occasion. As the Bank is providing the copy statements on a complimetary basis your payment is returned herewith.

 

As regards your mention of "manual intervention", the DPA does not oblige the Bank to comment about internal policies and procedures. Furthermore, in the context of managinf day to day transactions arising from out of order accounts, the Bank does not hold the information you have requested in a form that would be covered by the DPA. Whilst aggregated information is retained for statistical purposed, this would not constitute "personal data" under the DPA and therefore would not be covered under s.7 DPA subject access request. For the avoidance out doubt, the fact that we do not generally record information in a way that is caught by the provisions of the DPA, is in no way an admission that there was no such manual intervention.

 

Yours sincerely

S Caffey

pp Peter Townsend

 

(from Radbroke Hall

Knutsford

Cheshire

WA16 9EU)

 

 

Ok, clearly they are trying to drag this out some more by turning aside my request. I have seen a post somewhere with a letter replying to this tactic but can't remember where/find it - anyone help?

 

What about the manual intervention, are they obliged to give this up? Is it covered by the DPA? By the last sentence, are the deliberatly avoiding the DPA by giving it another purpose but it could be used for a purpose that is covered by the DPA?

 

Cheers

Cpt Black

[Rooster-UK]

The main point about the manual intervention request is to draw the bank into stating that there was manual intervention which is justification for their charges, in which case you require disclosure of the exact costs to demonstrate that the charges are justified.

The banks will not disclose this because there is no way that the charges can be justified...... The actual cost is probably pence.

 

But by declining to give information on Manual Intervention when requested by a DPA SARS letter, they effectively remove that avenue from any defence they may submit.

 

They would look rather foolish in court to rely on information, in their defence, which they had refused to supply to you when requested with a SARS letter.

[Greg Rogers]

I had the same letter sent to me in reply to my S.A.R - (Subject Access Request) and finally I got my statements (Free of charge) on tuesday.

 

I've now calculated what they owe me & I have posted today, the first letter asking for the sum to be repaid, along with a spreadsheet schedule of charges.

 

Fingers crossed!!

[Cpt Black]

I had the same letter sent to me in reply to my S.A.R - (Subject Access Request) and finally I got my statements (Free of charge) on tuesday.

 

I've now calculated what they owe me & I have posted today, the first letter asking for the sum to be repaid, along with a spreadsheet schedule of charges.

 

Fingers crossed!!

How long did you wait from receiving this letter to getting your statements?

 

To be honest I'm overly worried about the time of the SAR as I've just given the prelim to Barclaycard and may want to sort that out completeley first

[Cpt Black]

Should I send a reply to the letter quoted above to make sure they comply within 40 days or is the consensus to wait until the 25-30 days mark and then remind them that they don't have long.

 

Also, should I send a LBA on day 26 so I can issue court action on the 41st day, coinciding the end of the time allowed for the SAR and the end of an LBA??

 

cheers

[Rooster-UK]

I would suggest that you stick to the tried and tested procedure.

 

How can you send a LBA when you have not yet received your statements. How much would you state that they owe you ?

 

Data Protection Act SARS letter. If no statements received after 25 - 30 days, then write and remind them that they have 40 days to comply from the receipt of your original letter...... The clock is ticking !

 

Calculate the charges from your statements and enter them on to the spreadsheet. Then send....

 

Preliminary Request letter. asking for the return of the unlawful charges, enclosing a printout of the spreadsheet as your schedule of charges.

Next comes the.....

 

Letter Before Action. This gives them a further 14 days to reflect and informs them that if they don't respond favourably, or at all, then you will initiate court action, without further notice.

 

 

All the letter templates are in the templates library. Don't trip yourself up or put your claim at risk by "ad libbing"

 

If you follow the well-tried and tested procedures on this site, you WILL win.

 

Good luck with your claim.

[Cpt Black]

Hi, I ment LBA for not complying with the SAR, but nm

 

Is there a template for the reminder about the 40 day deadline, or has anyone got a simple copy - not sure what I should include, or is the following good enough:

 

Dear ...

In regard to my Subject Access Request under the Data Protection Act 1998 which I sent on the [date]. I write to remind you that the deadline for returning the information I requested is [date] which is approaching.

 

For reference, the data I requested is a complete list of transactions and charges relating to my banking history in regard to the account numbers stated above. In your letter of [date] you said that only copy statements are available, this is fine however its still fits within the SAR and therefore needs to be fulfilled within the 40 day time frame.

 

Yours Sincerely

 

xxxxxxxxxxxxxx

 

So I don't need to mention anything about the manual intervention as that have removed that avenue of defence with the previous letter

[Cpt Black]

Hi all, is the brief letter I wrote above okay? Anything I should add or take away?

 

Cheers

Cpt Black

[Cpt Black]

Ok - finally sent my prelim letter, just moved house so hope that doesn't affect it at all.

[Cpt Black]

They returned my letter asking for the sort code (forgot to put it in!) Do they actually need it or is it time wasting. And should I give them 14 days from the date of the return with the sort code or the original letter?

 

Cheers

Chris

[Cpt Black]

Ok, will send the LBA on monday - that should give them enough time

[Cpt Black]

Received offer of full and final settlement for £200 this morning with standard letter.

 

Sending back with full and final crossed out and part written above it - also stating that my LBA, which would have been received this morning (I got a bit delayed) still stands.

 

Hope this is okay - any thoughts?

 

Cheers

Cpt Black

[biffinplate]

just send it back accepting it only as partial settlement and that you will be claiming the rest, you will probably not hear anything else from them. Just waith for your LBA deadline then MCOL them.

 

I am just at a stage further on than you with 2 claims against barclays.

 

Good luck & keep on trucking

[Cpt Black]

Cheers, as I thought - best to check though!!

 

This is the bit I get nervous about. Against barclaycard, they backed down before it got to court - hopefully barclays will do the same

[Cpt Black]

On to court then!

Got a letter this morning saying that as I wont accept the £200 in full they wont pay anything.

So this is the bit I get nervous about!

Still have another week or so before the time limit on the LBA runs out so will read up in the meantime.

 

Shame really, that £200 could really have helped!

 

Cpt Black

[Cpt Black]

Ok, preparing to start my court summons soon - very nervous!

Also, just applied to extend my overdraft (emergency!) I hope that doesn't effect my claim, or the claim effect my overdraft request!!

 

Also, I nipped into the red recently and they charged another fee - do I add this on to the total? Or wait till next time? If I add this on to the total, do I need to tell them with a new Schedule of Charges and letter?

 

Cheers

Cpt Black

[Welshman]

If you havn't filed in Court as yet, you can add it to your claim for free. If you have filed, then it will cost you a non-refundable £35 so you have to decide whether you think it's cost effective.

[Cpt Black]

ok, cheers. Haven't filed my claim yet - do I need to send a letter saying I'm including this extra £30 as it wasn't included in all previous corresponance

[Welshman]

No, you don't need to send a letter. Just update your spreadsheet with the new charge added and file at court with the up-to-date figure. It won't cost you anything. Once you file though, you need to print out two copies of your schedule which now include the 8% interest and

send one copy to MCOL by post, and, at the top of that one, you must put your claim reference number which MCOL will have given you. Produce another and substitute the MCOL number with the reference number from the Banks’ letter to you.

Include a letter in each referring to the schedule, and mention that you have sent the other party a copy of this schedule. I have sent every one of my letters by recorded delivery. Some people here say that that is not necessary but I did anyway. It’s up to you at the end of the day.

The Addresses you need to send the copies of the schedule are:

For Barclays:

Litigation and Disputes Team

Level 29

1 Churchill Place

London

E14 5HP

And for MCOL it’s

The Court Manager

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH