Barclays charges before 03

[crippla2k]

All,

 

I sent through a SARN to Barclays and they sent me back a summary report that covers fees and refunds from '03-09 not the full statements, has anyone else had this and has it been truthful?

 

I've had an account with them since 97 though. Is there anyway I can request the same charges from 97-03?

 

I have a lot of my old statements from between 97 and 03 as well, if Icant request the statements from them can I send them through to Barclays requesting the charges to be paid back as well?

 

Thanks

[slick132]

Hi C2K,

 

The summary report sheets may not be adequate if they don't give a specific date for each charge.

 

You should write back to B's confirming that their reply is not adequate and you require either copy statements or a list which gives a date for each charge.

 

Confirm you also require statements going back to '97 which you know they hold and to which you're entitled.

 

Give them a further 14 days to comply or you'll report to the Info Commissioner's Office and/or seek enforcement through court.

 

Also, see items 18 and 19 here - The Consumer Forums - Bank charges templates (consumer)

 

[crippla2k]

Hi Slick,

 

Thanks, I gave them a quick call to see what the issue was, and they said I could go into any branch and request all statements, which I did today.

 

I went into the branch today and told them I had sent through a SARN with which Barclays were non compliant, the branch then proceeded to put in a request for all my statements as I told them I had paid £10 already and they were non compliant they agreed to send all statements at no charge to me within two weeks.

[slick132]

Hi C2K,

 

If you are happy to wait another 2 weeks, that's fine. However, be warned that you may receive nothing and will then have to write to complain.

 

I would send in a letter to put your complaint, about their failure to comply with the SAR, on a formal footing.

[crippla2k]

thanks slick, i'll do that

[crippla2k]

slick was right, i gave them 7 days on top of the original 40 because it took me so much time to respond to them and nothing!!!

 

But I had already sent them a non compliance, now a LBA!!!

[crippla2k]

ok barclays havent sent through my statements, ive sent through an LBA gave them 14 days on top of the 40, have been into a branch twice now, so think i need to file a claim with the courts to get my statements,

 

does anyone have a Poc that I can use??

 

ive found this one

 

PARTICULARS OF CLAIM

 

 

1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject.

 

2. The Claimant has account(s) numbers ******** with the Defendant which was opened on or around 1998.

 

3. On 30th May 2009 the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.

 

4. The Defendant has failed to comply.

 

5. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage

 

6. The damage caused is:

 

Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence, numerous phone calls and time spent preparing documents and seeking legal advice, I estimate this cost to be £75

 

7. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request

 

8. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request.

 

9. Damages and costs within the discretion of the Court.

 

 

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

 

Date:

 

is this ok???

 

And do I use the same N1 form to lodge the complaint?

[slick132]

There's a guide to this in the Bank Templates Library - The Consumer Forums - Bank charges templates (consumer)

 

Items 18,19 and 20 refer. You must adapt the template to reflect your own case's needs.

[crippla2k]

court papers filed today!!!

[crippla2k]

6 years of statements received, although im continuing with my court action to get all 10 years

[slick132]

Good on ya !!

 

[crippla2k]

Ive asked for my charges back from barclays and this is there response, im still going to push ahead with an LBA despite there words about things going on stay, incidentally is that true??

[slick132]

Hi C2K,

 

I can't say as the images are too small to read. Can you repost or link to a larger format.

 

This may help you - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[crippla2k]

sorry here they are on photobucket

 

http://i641.photobucket.com/albums/uu135/crippla2k/img021.jpg

 

http://i641.photobucket.com/albums/uu135/crippla2k/img022.jpg

 

http://i641.photobucket.com/albums/uu135/crippla2k/img023.jpg

 

http://i641.photobucket.com/albums/uu135/crippla2k/img024.jpg

[slick132]

Hi Crippla,

 

The letters are their standard response and should not deter you from your present course of action.

 

While you await the statements for earlier years (through court action for non-compliance), you should work on putting together your Schedule of Charges for the charges data that you DO have.

 

You could file a court claim now for the last 6 years and then, if/when you get the earlier data, you can file an Application to amend your claim using form N244.

[crippla2k]

ok guys i have had a small success, i have managed to get hold of my statements from when my account was opened (dec 98 - date),

 

Could do with some advice though, i sent off a LBA last Friday (giving them two weeks to pay up on the last 6 years) so the question is

 

do I start the process again (reuest for repayment etc)?

 

or do i send a letter now as an ammendment to the last one and give them till the 25th (as previously to respond)?

 

or do i just send a new LBA with a new schedule and give them 14 days??

 

Now that theyve given me all my info I have to cancel my court claim, just wondering if anyone knows how I do this??

 

thx!!!

Edited September 19, 2009 by crippla2k
order of words

[slick132]

Hi Crippla,

 

This will be of great interest to anyone seeking older statements and well done for pressing on with this.

 

Send a new LBA including all the penalty charges and give them 14 days.

 

Write to Barclays and say you are now prepared to discontinue the non-compliance court action if they agree to pay your court fees and any damages you sought. Otherwise, you'll leave the case running to d/w these aspects.

[crippla2k]

ok thanks slick ill do that, now lets see if i can get the statements of barclaycard!!!

[crippla2k]

for everyone's benefit, I sent off the SARN for the most recent 6 years, and didnt receive anything I had to start court proceedings for this set of statements (I used the POC template from this website)

 

For the previous years (98-03), I was told I could request them from any branch, so I went into my local branch and badgered them, telling them that I had paid (via the £10 PO) and that I had started legal proceedings against barclays (it has now been in excess of 3 months since I started the process, they kept telling me 2 weeks and I had to go back in every 2 weeks till I received them)

 

I finally received them this morning. It is unlikely that they will send you the old statements via the SARN request. I would recommend going into the branch and requesting them but be persistent (there is a £5 charge but as they didnt send me the statements on time or correctly they refunded it for me, at my request)

 

If you go into a branch and ask them to phone the people dealing with the request (when it doesn't happen the first or second or third time) they will tell you they can't, this is a lie, the lady phoned the person responsible (she did this in front of me yday) and he sent them out the same day. And I received them today

 

The guys name is James Haw. Hope this of use to others in the same boat.

 

Looking at my statements Barclays used to chrage £5 for unpaids up until 2001 and then ramped it up to £30/£35, the scumbags!!!

[crippla2k]

sorry guys one last question, i saw somewhere here about a limitations act for charges over 6 years, is there a template that I can add to the LBA with this included??

[slick132]

You'll rely on s.32 of the Limitation Act 1980 - Limitation Act 1980 (-), swarb.co.uk

 

However, you don't need to go into detail about this in your LBA. You can d/w this when you do your POC to go in with your N1 Claim form.

 

Add a paragraph to say:-

 

I am fully aware of the Limitations Act 1980 with regard to reclaiming charges older than 6 years and will rely on s.32 of this Act to address this issue.

[crippla2k]

Hi guys, ive only got 12 days left since the 8 week limit they placed expires, i didnt lodge a POC before the suprement court judgement due to finances so just wondering what happens now??

 

Do I submit the govan POC or is there something that has been developed for England?

[slick132]

Hi Crippla,

 

Since the OFT decided not to appeal the last Supreme Court ruling, the bank charges reclaims process is no longer staightforward.

 

See here for Bankfodder's opinion - http://www.consumeractiongroup.co.uk/forum/barclays-bank/246382-new-template-claiming.html

 

[crippla2k]

ok so i've written back to them using this template from MSE

 

i'll let everyone know how it goes

 

"Dear Sir or Madam,

I am writing in response to your letter dated 22nd December 2009in which you have advised my complaint about unfair bank charges is to be closed and have given me eight weeks to respond.

I feel that in issuing these charges you have broken the FSA’s regulatory principle to ‘pay due regard to the interests of its customers and treat them fairly’ and I am writing to request that you do not close my complaint but instead take the following new grounds into consideration:

The charges are unfair under s.140A(1) of the Consumer Credit Act 1974 and contrary to the requirement of good faith, having caused a significant imbalance in our relationship and a detriment to myself, and under regulation 5(1) of the Unfair Terms in Consumer Contracts Regulations 1999, in the following respects (save for, in the case of the later, those matters which relate to the level of the charge as against the service supplied in exchange):

(1) The charges were excessive and punitive in comparison with the costs to the bank caused by my conduct which triggered the charges.

(2) The charges were set by reference to the overall cost to the bank of providing current accounts to all of its customers which held such an account, rather than merely to the cost of my conduct thereby effectively requiring me to subsidise the provision of current accounts by the bank to other customers.

(3) In the premises the bank did not deal fairly as between myself and its other customers.

(4) The existence and quantum of the charges were inadequately and/or insufficiently explained and/or drawn to my attention either; when my account was first opened; when I gave an instruction which would result in the levying of a charge; or otherwise before any particular charge was applied.

(5) The circumstances and manner in which the charges were levied created potential for the application of multiple charges and the levying of charges to give rise to the application of further charges.

(6) The complexity of the charges and/or the circumstances in which they were levied.

(7) The nature of the charges and/or the circumstances of their application was such as to cause me inherent difficulties in predicting the incidence and amount of such charges in advance.

(8) The absence of any effective competition between providers of current accounts which restricted my ability to chose a current account operated on terms which did not provide for charges such as (and/or equivalent to) those levied by your bank.

(9) The charges were (or had the potential to be) excessive in comparison with the level of borrowing which triggered the levying of the said charges.

In particular, and without prejudice, the burden of proof for the above rests onBarclays to prove that the circumstances of our relationship are fair (pursuant to s.140B(9) of the Consumer Credit Act 1974), so unless you can provide evidence to the contrary I expect a refund of the full amount requested by return.

I now ask that you repay the amount I have previously requested of £xxxxxxx. I enclose a schedule of charges for you as well.

I look forward to a full response to this letter within 14 days and if I do not receive a satisfactory response I intend to pursue my complaint to the Financial Ombudsman Service or small claims court at the earliest opportunity.

Yours faithfully,