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Told that charges only started in 2001...... Anyone else heard this?


tattietoo
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:rolleyes: We have had an initial offer of a couple of hundred pounds which said this figure was charging £12 instead of £24. This should mean that there is indeed over £400 of charges to be refunded, approximately. Wrote back and asked how they had come up with the £200ish figure and could they supply details of charges made and interest charges against them. Received letter yesterday basically saying can't have figures and BOG off! Also said that charges were started in 2001 :? . Has anyone else heard this?

 

I'm thinking to write back and give them an estimate of £400 or just send an LBA. Anyone got any ideas please? Much appreciative to this site. :p

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When you sent your initial letter what figure did you claim and what was this based on?

 

Did you send them the 'Subject Access Request' letter? If no that is the best place to start as they will then have to provide all details of all charges and any actions taken on the account.

 

See here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-data-protection-act-subject.html but read the notes and make sure you send them the £10 or it will be void and will just give them an excuse to delay.

 

Cheers

Prelim sent May '06

LBA sent June '06

Fob off now rec'd to the prelim

Copy of fob off now rec'd as response to LBA!

Full repayment of all charges since 1997 now received.

Account Closed

Donation made :)

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I sent the sar and the £10 and they have sent me a letter saying that charges were introduced in mid 2001 and they can only send me statements from May 2004 as prior to this date they are held on microfiche and therefore do not fall under the data protection act 1998 and I have to pay £3 per statement

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Does anyone agree on my assumption that if they offered £200 odd in that they are charging £12 instead of £24 and will pay back the difference that is can be assumed the charges are inthe region of £400? And on that basis can we do a rough estimate and add a bit and see what happens? I read someone elses thread thinking to add a bit on top and now I cant find it!!!! Blond moment!!

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The letter I've received says the same about when the charges were started----At first I though "Yeah---right"

I read a thread last night though can't seem to find it today --- the poster had actually kept all his statements (Organised or what!Wish I was) and he also said his charges had started 2000/2001 --- so maybe they're telling the truth for once..............

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Blimey not 'the old microfiche' argument again :D This is one of I think Abbey's great lines of defence for not producing statements etc under this request. Interesting to note that Barclays are now trying it on.

 

To put it bluntly they are wrong and this has been pretty extensively tested. Do a search on the forums for microfiche and you will find the info you need. Once you've read a few threads on the topic and you understand the principles behind the argument and CAG's defence against it use one of the templates here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Cheers, Shanks

Prelim sent May '06

LBA sent June '06

Fob off now rec'd to the prelim

Copy of fob off now rec'd as response to LBA!

Full repayment of all charges since 1997 now received.

Account Closed

Donation made :)

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I would also be a bit wary of making an estimate and then 'just adding a bit on top' If it gets as far as court you may be asked to demonstrate how you reached the figure you are claiming. The judiciary may accept that you have had to make a reasonable estimate and provided you can show that this is realistic they may well accept your figues. But saying to them that you 'just added a bit for good measure' will not help you at all.

 

Cheers

Prelim sent May '06

LBA sent June '06

Fob off now rec'd to the prelim

Copy of fob off now rec'd as response to LBA!

Full repayment of all charges since 1997 now received.

Account Closed

Donation made :)

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With regards the microfiche argument, there are numerous threads around, but try this one:

 

http://www.consumeractiongroup.co.uk/forum/general/19047-hope-might-help.html

 

I think its fairly definitive, but basically you will have to threaten to sue over the Data Protection Act, and then go through with it, but in this thread:

http://www.consumeractiongroup.co.uk/forum/abbey-bank/2434-alanfromderby-abbey.html?highlight=alanfromderby

 

Abby backed down before actually getting to court, its a long read but well worth it!

------------------------------------

Please note the Barclaycard only introduced charges for exceeding the credit limit and late payment in mid-2001.

 

This was in my letter from Sue Lomas, I guess that before that date they just didn't charge, I don't know - didn't have a card then.

------------------------------------

With the issue of giving them an estime, I said somewhere that you could '(over)estimate' your claim on the basis that Barclaycard wont give you the evidence you require to calculate the exact amount and based on the last two years, multiplied by 3 (to 6 years) and your were obviously more reckless a few years ago so there would be more charges. (From no legal background) I think this would logically force BC to supply the correct evidence if the amount you claim for is more than the correct amount.

 

However, on the downside, they may then be able to use your case as standard to prove that they dont need to supply data from pre May 04

 

-----------------------------------

Did I make sense there?

If not ask me to clarify that part, all off that cuff there!

 

 

Cheers,

Chris

Any advice given is purely my opinion and not based on any legal fact unless referenced with a case. Follow my advice at your own risk. Although the fact may be correct, my interpretation and therefore findings may not

 

Barclays - £391 Just getting started

http://www.consumeractiongroup.co.uk/forum/barclays-bank/144290-chris-barclays-take-2-a.html

 

Barclays - £760 Settled in full

http://www.consumeractiongroup.co.uk/forum/barclays-bank/17995-chris-barclays-bank.html

 

Barclaycard - £100 settled in full

http://www.consumeractiongroup.co.uk/forum/barclaycard/17996-chris-barclaycard.html

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I would also be a bit wary of making an estimate and then 'just adding a bit on top' If it gets as far as court you may be asked to demonstrate how you reached the figure you are claiming. The judiciary may accept that you have had to make a reasonable estimate and provided you can show that this is realistic they may well accept your figues. But saying to them that you 'just added a bit for good measure' will not help you at all.

 

Cheers

 

Fair point, but the reason I say 'add on a bit more' is to force BC to prove the amount charged by providing statements, not for personal gain (they wouldn't want to pay more than they should!)

 

With the legal argument, you may be able to selectivly demsonstrate that you were more reckless 2-6 years ago, maybe you show that you have to take out a loan and bought a new car and a nice holiday or something so its more likely that the money paying off debts would be stretched

Any advice given is purely my opinion and not based on any legal fact unless referenced with a case. Follow my advice at your own risk. Although the fact may be correct, my interpretation and therefore findings may not

 

Barclays - £391 Just getting started

http://www.consumeractiongroup.co.uk/forum/barclays-bank/144290-chris-barclays-take-2-a.html

 

Barclays - £760 Settled in full

http://www.consumeractiongroup.co.uk/forum/barclays-bank/17995-chris-barclays-bank.html

 

Barclaycard - £100 settled in full

http://www.consumeractiongroup.co.uk/forum/barclaycard/17996-chris-barclaycard.html

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With the legal argument, you may be able to selectivly demsonstrate that you were more reckless 2-6 years ago, maybe you show that you have to take out a loan and bought a new car and a nice holiday or something so its more likely that the money paying off debts would be stretched

 

However, the court may force you to divulge your entire finances for the last 6 years - or he/she/they could force BC to give up the statements which may be your reply

 

Lol, I'm having an argument with myself!

Any advice given is purely my opinion and not based on any legal fact unless referenced with a case. Follow my advice at your own risk. Although the fact may be correct, my interpretation and therefore findings may not

 

Barclays - £391 Just getting started

http://www.consumeractiongroup.co.uk/forum/barclays-bank/144290-chris-barclays-take-2-a.html

 

Barclays - £760 Settled in full

http://www.consumeractiongroup.co.uk/forum/barclays-bank/17995-chris-barclays-bank.html

 

Barclaycard - £100 settled in full

http://www.consumeractiongroup.co.uk/forum/barclaycard/17996-chris-barclaycard.html

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I was charged an "Out of Order Fee" of £20 by Barclaycard in October 99 so what they are saying is incorrect. I still have the statement and they definitely did charge it to my account.

_________________________________________

Alliance & Leicester MBNA Credit Card

Data Protection Act letter sent 3 July 2006.

Incomplete list of charges received 12 August 2006

Requested repayment of charges 10 November 2006

LBA sent 24 November 2006

Estimated £4650 in fines and interest.

Barclaycard

Data Protection Act letter sent 3 July 2006.

Incomplete statements sent 9 July 2006

Requested repayment of charges 14 August 2006

LBA sent 30 August 2006

Estimated £468 in fines and interest.

Initiated claim at MCOL 20 September 2006

Claiming £615.47 including fines & interest, s69 interest and costs

Claim acknowledged 10 October 2006

Defence filed 20 October 2006

Settled in full £640 total. 14 December 2006

Vodafone

Requested Default Notice removed 10 July 2006

Received letter agreeing to request 10 August 2006

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Ok, off the top of my head, here goes:

 

In that case you may be able to claim back beyond 6 years as they are withholding the truth from you regarding the DPA (possibly)

Well not withholding thte truth, but misleading you into only claiming back to 2001.

 

Any other thoughts on this?

 

I'm not a lawyer!

Any advice given is purely my opinion and not based on any legal fact unless referenced with a case. Follow my advice at your own risk. Although the fact may be correct, my interpretation and therefore findings may not

 

Barclays - £391 Just getting started

http://www.consumeractiongroup.co.uk/forum/barclays-bank/144290-chris-barclays-take-2-a.html

 

Barclays - £760 Settled in full

http://www.consumeractiongroup.co.uk/forum/barclays-bank/17995-chris-barclays-bank.html

 

Barclaycard - £100 settled in full

http://www.consumeractiongroup.co.uk/forum/barclaycard/17996-chris-barclaycard.html

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WOW!!!! Well HELLO!!!!

 

"I was charged an "Out of Order Fee" of £20 by Barclaycard in October 99 so what they are saying is incorrect. I still have the statement and they definitely did charge it to my account."

 

Your bit of paper could be very costly to Barclaycard, surely?! My husband had his card before I met him and, as we know, trying to get the back statements...... bla bla bla!!!! Any chance of a copy. Most of the charges of my husbands Barclays account were around the time you are talking about (99, 01,02) but I have no statements, Barclcaycard that is.

 

What a star! Look forward to hearing back

 

T x

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I'll see if I can and it in and then I'll post it here.

_________________________________________

Alliance & Leicester MBNA Credit Card

Data Protection Act letter sent 3 July 2006.

Incomplete list of charges received 12 August 2006

Requested repayment of charges 10 November 2006

LBA sent 24 November 2006

Estimated £4650 in fines and interest.

Barclaycard

Data Protection Act letter sent 3 July 2006.

Incomplete statements sent 9 July 2006

Requested repayment of charges 14 August 2006

LBA sent 30 August 2006

Estimated £468 in fines and interest.

Initiated claim at MCOL 20 September 2006

Claiming £615.47 including fines & interest, s69 interest and costs

Claim acknowledged 10 October 2006

Defence filed 20 October 2006

Settled in full £640 total. 14 December 2006

Vodafone

Requested Default Notice removed 10 July 2006

Received letter agreeing to request 10 August 2006

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I'll see if I scan it in and then I'll post it here.

_________________________________________

Alliance & Leicester MBNA Credit Card

Data Protection Act letter sent 3 July 2006.

Incomplete list of charges received 12 August 2006

Requested repayment of charges 10 November 2006

LBA sent 24 November 2006

Estimated £4650 in fines and interest.

Barclaycard

Data Protection Act letter sent 3 July 2006.

Incomplete statements sent 9 July 2006

Requested repayment of charges 14 August 2006

LBA sent 30 August 2006

Estimated £468 in fines and interest.

Initiated claim at MCOL 20 September 2006

Claiming £615.47 including fines & interest, s69 interest and costs

Claim acknowledged 10 October 2006

Defence filed 20 October 2006

Settled in full £640 total. 14 December 2006

Vodafone

Requested Default Notice removed 10 July 2006

Received letter agreeing to request 10 August 2006

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I wouldn't mind a copy too - cheers!!

 

PM me

 

Chris

Any advice given is purely my opinion and not based on any legal fact unless referenced with a case. Follow my advice at your own risk. Although the fact may be correct, my interpretation and therefore findings may not

 

Barclays - £391 Just getting started

http://www.consumeractiongroup.co.uk/forum/barclays-bank/144290-chris-barclays-take-2-a.html

 

Barclays - £760 Settled in full

http://www.consumeractiongroup.co.uk/forum/barclays-bank/17995-chris-barclays-bank.html

 

Barclaycard - £100 settled in full

http://www.consumeractiongroup.co.uk/forum/barclaycard/17996-chris-barclaycard.html

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Hiya, I phoned Barclaycard and was told by their legal dept that the charges didnt start until 2001, prior to that everyone was charged an annual charge for having their barclaycard, this was abolished in 2001 and then the charges started... obviously they could make more money this way... I think that they may be telling the truth here... also, Ive had the microfiche argument... I decided to send a letter stating DPA non compliance... also giving estimating charges for the missing 4 yrs a go, Im sure that I had a bad run about 4 yrs ago.... so wont get as much back as I think but thought it might just be worth a shot....

 

nothing ventured nothing gained....

 

Lynne

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how does that compare with you roydosan? Does it look like an annual charge?

Any advice given is purely my opinion and not based on any legal fact unless referenced with a case. Follow my advice at your own risk. Although the fact may be correct, my interpretation and therefore findings may not

 

Barclays - £391 Just getting started

http://www.consumeractiongroup.co.uk/forum/barclays-bank/144290-chris-barclays-take-2-a.html

 

Barclays - £760 Settled in full

http://www.consumeractiongroup.co.uk/forum/barclays-bank/17995-chris-barclays-bank.html

 

Barclaycard - £100 settled in full

http://www.consumeractiongroup.co.uk/forum/barclaycard/17996-chris-barclaycard.html

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  • 2 weeks later...

Not really - can't see how an annual charge would be called an "out of order fee" but I'll double check. I am unable to locate a scanner so if anyone wants to see it PM me with an address and I'll post you a photocopy.

_________________________________________

Alliance & Leicester MBNA Credit Card

Data Protection Act letter sent 3 July 2006.

Incomplete list of charges received 12 August 2006

Requested repayment of charges 10 November 2006

LBA sent 24 November 2006

Estimated £4650 in fines and interest.

Barclaycard

Data Protection Act letter sent 3 July 2006.

Incomplete statements sent 9 July 2006

Requested repayment of charges 14 August 2006

LBA sent 30 August 2006

Estimated £468 in fines and interest.

Initiated claim at MCOL 20 September 2006

Claiming £615.47 including fines & interest, s69 interest and costs

Claim acknowledged 10 October 2006

Defence filed 20 October 2006

Settled in full £640 total. 14 December 2006

Vodafone

Requested Default Notice removed 10 July 2006

Received letter agreeing to request 10 August 2006

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hi,

 

they have sent me the same thing, talking about microfiche and £3 per statement and the charges from 2001, they also have sent me statements for june2004-oct2004.

I'm just about to send a letter back (found a template but with Abbey Nationals address)but don't really know where to send it!

Same address where the letter came from or should be a Regulatory Compliance adddress somewhere???

Please someone help, need to send it out today!

 

thanks

 

viks

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Went through my paperwork last night and found not only the statement from October 99 with the fine but also a letter from the same month. It reads:

 

"I have still not received a reply to my previous letter and you are still behind with your payments. Therefore, as advised, a £20 fee has been charged to your account."

 

Doesn't look like an annual fee to me!

_________________________________________

Alliance & Leicester MBNA Credit Card

Data Protection Act letter sent 3 July 2006.

Incomplete list of charges received 12 August 2006

Requested repayment of charges 10 November 2006

LBA sent 24 November 2006

Estimated £4650 in fines and interest.

Barclaycard

Data Protection Act letter sent 3 July 2006.

Incomplete statements sent 9 July 2006

Requested repayment of charges 14 August 2006

LBA sent 30 August 2006

Estimated £468 in fines and interest.

Initiated claim at MCOL 20 September 2006

Claiming £615.47 including fines & interest, s69 interest and costs

Claim acknowledged 10 October 2006

Defence filed 20 October 2006

Settled in full £640 total. 14 December 2006

Vodafone

Requested Default Notice removed 10 July 2006

Received letter agreeing to request 10 August 2006

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Update Barclaycard. After the initial offer we wrote and asked for the details of how this figure was calculated. Got standard back saying £3... microfiche bla bla bla.... have written again saying I don't want statement, would like to see the calculation of how this figure was acheived and if they are charging £12 instead of £24 then the figure should be doubled. In the meantime, the original offer has been credited to the account and the card still works. See what happens now. Posted that the last letter on Thursday. Will keep posted.

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