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Gruffle Gaw vs Barclays


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After finally getting Halifax to cough up nearly £2,000, I've begun to get a taste for this and hopefully it will be a bit easier the second time around. Barclays stung me with charges when I had an account with them between 1999 and 2001. Obviously some of these charges date back more than six years so I'm not sure if I'll be able to claim them back, but I'm going to give it a go anyway.

 

Sent the Data Protection request today - I can't wait to see how much they owe me. :)

Gruffle Gaw vs Halifax - £1531.50: ***WON - cheque for £1966.78 received 30/09/06***:)

I'm not a legal professional and my advice is given without prejudice or liability.

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Good for you.

 

There doesn't yet seem to be a definitive answer to the question of claiming back more than six years, so I'm sure many many people here will be eager to hear how you get on.

 

The Limitation Act 1980 says you can only claim back six years. But section 32 (1) (b) allows the postponement of limitation period where "any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant"

 

So, good luck - we're all behind you.

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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Thanks for that - I'll be able to quote the proper section and act at them if they start rolling out the 'six year limit' line. Anyway, I'm going for it hammer and tongs and I'm happy to let a court decide if it comes to that.

Gruffle Gaw vs Halifax - £1531.50: ***WON - cheque for £1966.78 received 30/09/06***:)

I'm not a legal professional and my advice is given without prejudice or liability.

If you found my post helpful, please click the scales on the left.

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I got a letter from Barclays over the weekend. Apparently they can't find my account from the information I gave them (I don't know the account number) and say they need more details - but don't specify what details. I gave them my name, the addess I was living at at the time and my date of birth; any suggestions about what else they might use to locate my account?

Gruffle Gaw vs Halifax - £1531.50: ***WON - cheque for £1966.78 received 30/09/06***:)

I'm not a legal professional and my advice is given without prejudice or liability.

If you found my post helpful, please click the scales on the left.

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The only other piece of info that comes to mind is the branch where your account was held.

 

If you're still living locally to the branch where you had your account, it might be worthwhile to call in to see them. I've usually found Barclays' front-line staff to be friendly and helpful (unlike some of the head office people) so, after you give them proof of identity, they might find your account number for you. Actually, if you've moved, you could probably try it at any convenient branch - just smile and ask for "advice". (I know you only want your account number, but people love to be asked for advice!!).

 

I must say however, while I would hesitate to suggest that they're being "untruthful", I do find it difficult to believe that they can't cross-reference names and addresses to account numbers - it's a pretty basic function of ANY data system!

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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  • 1 month later...

Success at last! I've been firing letters back and forth to Barclays, who've requested additional information, claiming they can't trace my account, three times. This evening, I came home to a letter in the post telling me the information would be available at my local branch to pick up (but not before I send them yet ANOTHER response indicating which branch that is, and post it back to them). Nevertheless, it looks like I am finally going to get the list of charges. Let the games begin!

Gruffle Gaw vs Halifax - £1531.50: ***WON - cheque for £1966.78 received 30/09/06***:)

I'm not a legal professional and my advice is given without prejudice or liability.

If you found my post helpful, please click the scales on the left.

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I sent back the form indicating which branch I want them to send the information to today.

Gruffle Gaw vs Halifax - £1531.50: ***WON - cheque for £1966.78 received 30/09/06***:)

I'm not a legal professional and my advice is given without prejudice or liability.

If you found my post helpful, please click the scales on the left.

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I'm furious. I went to pick up the information today from my local branch and discovered they have only provided me with printouts of the statements relating to my savings account with them. I had another account with them, my current account, and it was this account the charges were imposed on. What should I do next? They have not fulfilled my Data Protection Request in full and I have waited ages for the information in the first place. Because most of the charges relate to the 1999-2001 period more of them are getting past the 6-year statute of limitations all the time - every day this goes on I will be losing money if my argument about the limitations not applying because I have been deceived is not successful. Is the 20-day deadline 20 working days or just 20 days? What's the next step?

Gruffle Gaw vs Halifax - £1531.50: ***WON - cheque for £1966.78 received 30/09/06***:)

I'm not a legal professional and my advice is given without prejudice or liability.

If you found my post helpful, please click the scales on the left.

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Gruffle Gaw vs Halifax - £1531.50: ***WON - cheque for £1966.78 received 30/09/06***:)

I'm not a legal professional and my advice is given without prejudice or liability.

If you found my post helpful, please click the scales on the left.

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I thought it was 40 days and that includes weekends etc.

 

There is a letter in the templates library for you to send over non compliance with the SAR

 

 

Spotty

[sIGPIC][/sIGPIC]Statement request 4th May

Prelim Letter sent 24th May

LBA 7th June

Thanks but no thanks letter sent 22 June

MCOL 22nd June

Claim acknowledged 26 June

AQ sent 2nd August

17 Nov Court Date Set for 29 Jan 2007

Settled in full 12/12/06

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Thanks.

 

I'll contact them again, reminding them of the 40-day deadline and asking them to send me the rest of the information within it.

Gruffle Gaw vs Halifax - £1531.50: ***WON - cheque for £1966.78 received 30/09/06***:)

I'm not a legal professional and my advice is given without prejudice or liability.

If you found my post helpful, please click the scales on the left.

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