Hills v Barclaycards(s)

[,hills]

Just about to send the initial letter(s)

 

Had different advice,

 

I currently owe Barclays £2500 (mainly due to charges taking me over the overdraft limit.I am paying them £56 per month as agreed thats all I can afford)

 

I also owe BarclayMastercard £650, again mainly charges, and paying them £9 per month

 

Also BarclayVisa owe £1100, paying them £14 per month.

 

- Should I send 3 different letters and £10's ?

- Do I accept that they will only send a couple of years of statements

- It looks like reading threads, BarclayCard look like they fight alot ?

- Given that they will more than likely take what ever they offer (if they offer) against what i owe them. Do you think it will rock the boat with my current agreement ?

 

 

thanks

[give_me_it_back]

Barclays and Barclaycard are different companies, so 2 separate cheques for £10.00.

 

The choice is yours - either fight them for statements (this is the part that is taking the longest!), or pay them £3 per statement - you claim this back anyway.

 

Not sure that they put up any more of a fight than any of the others.

 

I would NOT advise you to 'take whatever they offer', otherwise there is no point in threatening them. This is YOUR money and you are ENTITLED to it back!

 

I wouldn't suspect it would 'rock the boat' if they are getting payments from you - but I don't know.

 

I would advise you you follow the process through to the bitter end - at least you will then be in a better position than you currently are to reduce your 'debt' to them. At the payment terms you are on, you will be paying forever if you don't...

 

Good luck!

[,hills]

Thanks for that

 

so I send one letter and payment to Barclays at their London address

 

and

 

One to Barclaycard (one payment only to include both Visa and Mastercard accounts to Northampton).

 

Surely if you are only getting two years statements from Barclaycard and then paying an extra £3 per statement (4 years missing = 48 months = £144) x 2 is £288. If it's going to come of my bill owed to them no problem but it's also coming out of my pocket in one go.

 

Going to send letters anyway but might have to think about going back further.

 

To be honest it's probably the last few years which I've got more in debt so thats where the majority of overdrawn and bounced cheques/direct debits would have happened.

 

Thanks for helping

[give_me_it_back]

Yes.

 

The whole problem with Barclaycard and this statement fiasco is because they say that microfiched statements are not covered under DPA. Under DPA you are entitled to your information for a 10.00 maximum charge. I am fighting Abbey (who were the original ones to come up with this argument) for DPA non compliance. If you look in the Abbey thread, there is a sticky for 'microfiche argument'.

[,hills]

About to send letters to Barclays and Barclaycard.

I have got the letters, envelopes and postal orders ready

Can you please confirm after all I’ve read, I’ve got it right

This is the letter I'm planning on sending

 

[your address]

 

[their address]

 

[DATE]

 

Data Protection Act 1998

Subject Access Request

Dear Sir/Madam

 

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

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

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other 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 relation to my banking business with you.

 

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.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch.

 

 

Yours faithfully,

 

[name]

To Barclaycard

Sending the above letter, not adding anything further to it

Sending to this address

Barclaycard

Barclaycard House

PO Box 5592

Northampton

NN4 1ZL

Sending only one postal for the both accounts made out to Barclaycard

Addressed with my current Surname with (……) as I was Married 4 years ago

Detailed 2 accounts, Mastercard and Visacard numbers

Send by Registered post

Expect back only 2 years statements

Wait 40 days and then go to next step

Barclays Current Account

Sending the above letter, not adding anything further to it

Sending to this address

Barclays Bank PLC

Office 1

Churchill Place

London

E14 5HP

Send postal order made payable to Barclays Bank

Addressed with my current Surname plus (……) as I was Married 4 years ago

 

Detail account number

Send by Registered post

Expect back 6 years statements

Wait 40 days and then go to next step

I hope I’ve got it right

Please advise

Thanks

[XERSES1980]

ive always found it better to take letters into your bank if your able to. then you know who took it and so forth. all you have to do is say can you give this to your branch manager. my girlfriend gave it to woolwich at 11 am she recived blah blah letter following morning. but that is only for your barclays bank a/c

[XERSES1980]

also reember to take photocopies of evreything you send and try not to get into conversation with people on the telephone.

[,hills]

please help

 

got the normal response to the S.A.R - (Subject Access Request) sent to Barclaycard re charges for Mastercard and Visa anly supplied me to may 2004.

 

ready to use the spreadsheet on this site (if i can find it again).

 

charges listed include

 

Exceeded limit - £20

Late payment charge - £20

Interest on standard balance - various

Interest on cash balance - various

Cash adv/chq handling fee - £2

 

 

Which charges do I claim for

 

Do I just claim back the missing 4 years not given statements for as a guess or do I need to request them gain.

 

Thanks

[,hills]

Please can you help

Very confused now

 

I believe I'm pretty intelligent but I think I've lost the plot now

 

Sent SAR letter to Barclaycard end of July

Got the normal microfice letter back with statements to May 2004

 

Sent the Data Protection Act disclosure request letter (I hope it was the right one to send) stating

'my request was for statements to August 2000'

'Smith v Lloyds TSB 2005'

'29 days to reply or County Court'

etc

 

Have now received a reply saying 'surprised quoted Smith v Lloyds as the case fully supports Barclaycards position' and that 'default charges were not introduced until mid 2001'

 

Is this the norm or have I done something wrong.

 

Please advise

 

Thanks

[hagenuk]

This is quite normal, they are stalling. You have a number of options now. Keep reading the Barclaycard threads for updates.

 

I am at the end of my tether with Barclarcard, they have a few days left before I file a claim for non-compliance with the DPA.

 

In short, your next steps should be to issue a claim against them for non-compliance or to issue a claim estimating your charges. Read this thread, it contains a lot of information on this subject.

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/18251-barclaycard-microfiche-gumph-4.html?highlight=gumph

 

And let us know how you get on

[Glenn UK]

I would suggest that you write back to Barclaycard reinforcing your application under the DPA.

 

I believe that they are rejecting your SAR and if you dont write to them it might cause delays if you try to bring it to court.

 

At least thats how i read it, a bit like the Abbey rejection letter.

 

Im not sure of value of writing back to them but in my view i can now argue that they ahve no doubt that i rejected tehir assertion that my data is not on a relevant filing system.

 

If you want to see what i wrote its on my thread Glenn vs barclaycard

 

HTH

 

Glenn

 

PS should say I havent heard back from them and dont really expect to.

[,hills]

I have highlighted the charges by Barclaycard from the given statements June 2004 until October 2005. There are no charges after that due to me agreeing a paying of £14.00 per month on a balance of £1201.00 and no interest added.

 

As I am expecting no further statements, am planning an estimate to send to them using the following charges ince June 2004

 

Late payment charges : £140

Exceeded limit charges : £160

Interest on standard balance (1.456%) - £65

Interest on cash balance (1.599%) - £210

 

questions to be asked please

 

- are all the above charges claimable ?

- given that there have been no charges since November 2005, how far do I claim back and what calculation should I use as an estimate

- although there are 20 days till the 40 day deadline, should I still send it now given it being unlikely I will receive any more ?

- this is just one of the cards (have 2), do i make the one claim or a total for the 2 (highlighting each card).

- how do I change/word the preliminary approach letter to be sent with my spreadsheet to say that August 2000 until May 2004 is an estimate due to not receiving those statements.

 

 

many thanks

[,hills]

current situation

 

sent Barclaycards the S.A.R - (Subject Access Request)

normal fob off with 2 years statements

sent Barclaycard 40 days I want my statements

 

1 week to go, no news

Looks like there will be a 4 year estimate and 2 years fact being sent.

 

any advice appreciated

 

thanks

[,hills]

Having a few problems with the spreadsheet

 

help please

 

Using the advanced excel sheet in order to calculate interest on charges owed to me.

 

1) When I was messing around with the spreadsheet in the past, i'm sure that when I entered an amount of interest charged, the interest on penalties calculation would be a smaller amount (presumed as it would only take into account the interest on the penalties). But have now started entering the figures properly, and it is showing the full amount of interest is due. What have I done wrong ?

 

2) Again on the interest charged columns, it totals the interest charges as it go's along. But for some strange reason, half way down my entries it stops adding any figures to either (k) penalties chargeable to interest and dosn't add the figures to (n) interest on penalties.

 

 

I hope this is understandable and would appreciate any help.

 

thanks again.

[,hills]

Have just completed Barclays Bank spreadsheet for £2,180 and sent approach for payment letter, and am just about to work on BarclayCard Visa and Mastercard.

 

I notice that the letter I sent to Barclays is a much longer version than the one under the templates for store/credit cards.

 

Is that correct or do I use the longer Barclays letter.

 

Thanks

[,hills]

I'm just about to send letter to Barclaycard for approach for payments on 2 cards.

 

I've amended it slightly to account for it being an estimate, can someone please look over it to make sure I've not added or deleted too much.

 

Thanks

 

From

To

Barclaycard

LETTER BEFORE ACTION

Dear Sir/Madam

CARD/ACCOUNT NUMBERS : xxx & xxx

I am writing to ask you to refund to me the charges which you have levied from my accounts since April 2000.

I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent consumer regulations.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

You have failed to comply with my Data Protection Act Subject Access Request dated 31/07/2006 and I have therefore estimated the charges from the missing statements from April 2000 through to April 2004. These estimates are on a pro rata basis taken from the statements you have sent to me.

You have taken

£1294.90 from my account xxxxx including interest for the sums which you have taken.

£954.51 from my account xxxx including interest for the sums which you have taken.

Total amount owed is £2249.41.

I am enclosing a copy of the schedule of the charges which I am claiming.

 

Additionally, you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was a result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my accounts.

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

Yours faithfully

[,hills]

Just about to send Barclaycard LBA letter and I noticed that I them the LBA letter instead of Prelim letter 14 days ago.

 

Havn't heard a word from Barclaycard.

 

Anyone suggest what my next letter should be or should i just re send the LBA out again.

 

Any advice appreciated.

 

Thanks

[,hills]

Just about to send Barclaycard LBA letter and I noticed that I sent them the LBA letter instead of Prelim letter 14 days ago.

 

Havn't heard a word from Barclaycard.

 

Anyone suggest what my next letter should be or should i just re send the LBA out again.

 

Any advice appreciated.

 

Thanks

[Guest bong]

Hi ,hills, I did the same as you, only sent them a LBA. I thought that was the correct procedure because that was the only letter for credit cards in the library. My case is slightly different in that they replied within my 14 day limit and as they weren't prepared to give a full refund I went ahead and issued my court claim.

 

However I have issued two other court claims against credit cards on the back of one LBA. Not saying it's right but I thought that was the right thing at the time and haven't had any come back (yet). The claims are still pending. One of them has acknowledged the claim and made an offer of settlement.

 

It seems to me that if you wrote again and said have another 14 days they might think you have already given us a deadline and you aren't serious? But if you're feeling too uncomfortable with it write again and say I realise I may not have given you long enough to sort this out and I'm giving you a bit longer to do so. Good luck!!

[AndyE]

The issue is that should the matter get to court you need to be seen to have been as reasonable as possible prior to initiating proceedings.

 

Basically it is in your interest to give them a month to respond before you commence proceedings. This is the reasonable time period set out in civil procedure Practice Direction - Protocols 4.3.

 

Obviously if they settle before it gets to the court stage this isn't an issue, but better to be safe IMO.

[,hills]

Well, Barclaycard(s) have run out of time, they did have until the 12th October before the final LBA deadline, but after the normal "we'll get back to you by the 27th", I thought I'd let them have a few days extra because I was going on holiday for a week and didn't have the time (or available credit card) to go the MCOL route.

 

Have now received a letter asking for until November 27th.

 

No way, I'm doing MCOL this afternoon.

 

Can you please advise me of, as I have requested payments from both Barclaycard Visa and Barclaycard Mastercard on the original request for payment and sent them 2 spreadsheets, do I still use the one total claim to MCOL (and then send 2 x 2) spreadsheets.

 

I hope I explained fully

 

Thanks

[,hills]

Just copying previous spreadsheet figures to 8% sheet, unlike Barclays where i had all the 6 years worth of figures, there dosn't seem to a (carried forward box) where you enter the estimate of the statments not received.

 

Any help please

 

Thanks

[,hills]

Please, Please help somebody

 

Entering details in the 'particular of claims box' in MCOL using suggested text, tried submitting claim and it's rejecting it as it uses 25 lines instead of the allowed 24. Problem is that I have submitted Visa and Mastercard Account numbers (both being 16 numbers long) and that is what's taking it over the line limit I think.

 

Have tried deleting spaces between number points etc and it still leave the word 'Court' being on the 25th line.

 

Can anyone suggest what I can do, I don't want to delete any other wording

 

I'm pulling my hair out here.

 

Thanks

[,hills]

sending MCOL & Barclaycard schedule of charges recorded delivery today.

 

Charges : £954.52 + !1,294.88

Interest : £263.51 + £371.99

Court costs : £120.00

 

total : £3,004.41

 

I owe them abot £2,000 so lets see what happens

 

Thanks for everybody's help so far

[,hills]

Advice appreciated

 

As above, I have already started Court proceedure, but in the meantime Barlcaycard have offered me £256 and £359 as settlement. Obviously I am not going to accept, but I think the court letters and their offer have crossed in the post.

 

I received Visa/Mastercard statements yesterday to find that they have credited my accounts with the above.

 

Do I need to send them thanks but accept as only a partial offer and want full settlement

and

Do I send MCOL a letter saying that they have credited my account(s) and therefore the amount owed is less

 

or

 

Do I do nothing as the court letter has already been served on them.

 

Thanks