HAD ENOUGH OF BARLAYS (old woolwich account)

[jjandbump]

I sent my letter to the Wollwich with a £10 postal order made out to Woolwich PLC on 31st January 2007.

 

Today i have recieved this letter from the privacy and data protection department at Barclys. With the postal order attached

 

Dear xxxxxxxxxxxxxxxxxx

DATA PROTECTION ACT

We refer to your letter dated the 31st January, which was passed to this department for comment due to your request for certian information under the terms of Data Protection Act ("The DPA").

As requested a schedule of charges is in course of preperation and this will be sent to you shortley by the woolwich; there will be no charge for this service. As the bank is providing this information on a complimentary basis, your payment is returned herewith.

As regards your mention of manual intervention, the DPA does not oblige the Bank to comment about internal policys and procedures. Furthermore in context of managing 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 stastical purposes, this owuld not constitute "personal data" under the DPA and therefore would not be covered in by a s.7 DPA subject access request. For the avoidance of 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 no such manual intervention.

Yours sincerely.

Peter Townsend

 

Please can anyone tell me what to do shall i send the payment back, do i need this information that they are asking for, what do i do next.

 

I know that they have 40 days from the 31st of January (and that i have read to allow 2 days for postage). So do i send the next letter of on the 14th March regardless or what. Sorry very confused.

[jaxads]

Hi - don't worry. Looks like they're providing the information free of charge. I think they're also saying in a round about way that there hasn't been any manual intervention on the account. Your 40 day timescale will still apply, so just sit back and wait for your statements. Take your times reading threads on this very addictive site (I cannot get my ironing done for reading on here ) and familiarise yourself with other cases so you've an idea as to what to expect!!!

Best wishes.

[ballin]

Nothing to worry about, keep the money and await the statements!

 

Hopefully you will receive them within the timescale!

[jjandbump]

i just need some clarificatio, please!!!

 

I sent off for all my charges they have arrived, so i have gone though and listed them all, i have added them up, and used this as the figure i am claiming, Then seperatly i have added up all the debit interest and added this on. Is this right i dont add any 8% on until or if i need to to do the MCOL thingy.

 

IS this right would appreciate your comments.

 

Thanks:)

[Guest ian cognito]

All correct, if you use the spreadsheets in the template library it will work out the interest for you.

[jjandbump]

Hi there, i did but i jst printed the bit that gave the figures for the charges and cut the "how many days" and interest owed off.

 

Just wanted to check that this was right.

 

Also if this did go to court do you know if you have to pay other court fees other than MCOL or if the banks can charge back to you thir legal fees, as that is something i couldnt afford to do,

[Guest ian cognito]

Depending on how far the banks push you're claim, and how much your claim is, you may have to pay further £100, in the small claims court no costs are awarded so even if you lost, which you won't, you would not have to pay the banks costs.

[jjandbump]

Thank you.

 

fingers crossed will go my way seems like everyone elses have, baby due in 7 weeks and money would be very very handy

[jjandbump]

I have done the 1st bit and got all my statements and done the sums, but today got a letter offeriung under 50% of the total, but it states if i do not accept within 8 weeks they will close the file. Do i just carry on with the dates that i set, my hurry up letter was due to go one th 5th march giving them another 14 days prior to court action.

 

I dont have a computer at home at the moment, so am posting this now, and then going to look at the templates and see what it says.

 

but any advice would be greafully recieved.

 

ta v much

[Michael Browne]

Do i just carry on with the dates that i set, my hurry up letter was due to go one th 5th march giving them another 14 days prior to court action.

Yes ignore their timescales

[jjandbump]

can anyone tell me where the templates liabery has gone i cant find it anywhere,

 

Also do i need to reply to say i am not accepting this and that i will persue the full amount.

[jjandbump]

TJ

28th February 2007

Woolwich Plc

Head Office Customer Relations

Floor 10

1 Churchill Place

London

E14 5HP

 

Response to settlement offer to account Number xxxxxxxx

 

Dear Sir/Madam

 

Thank you for your letter which I received today.

I respectfully decline your offer as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx.xx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My Request for Repayment letter dated 17/02/2007 indicates that you have until 05/03/2007 to respond before I proceed to the next stage of my request My deadline remains the same despite this offer.

 

If you do not accept my conditions for acceptance, or you do not respond within 7 days, I shall return the cheque to you. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

 

name

[yankee_bloke]

yes that letter is fine.

 

if you look at my thread i have posted both refusal letters i sent.

 

Hope it helps

[jjandbump]

I have sent a refusal letter off today.

 

If they take let you take it all the way to the court what happens, has anyone lost???? I know that it doesnt appear that way but i couldnt afford to pay all the costs on my side and they big cat lawyers??

 

I have to be honest the offer is tempting but the rest that i will loose out on would really help me out as have a baby due soon.

 

How long does this normally all take to complete, (ie til they agree to pay up). How long are hearing dates away from when you file the MCOL etc.

 

Sorry this is all new to me.

[sparklydayz]

Don`t worry it won`t get to court. The time you have to wait for a court date depends on which court you`re allocated. Have a look at some of the earlier threads which will give you an idea and also reassure you that you`re going to win. Good Luck!

[jjandbump]

Thanks, i have sent a refusal letter Friday and have jkust printed my Letter before action letters to send off tommrrow, lets hope it all moves quickly the money would be very very handy.

 

Did you see the news of the world today had a big peice on it,

 

Why dont they all just pay up to people that are willing to claim, surely it must cost them more in the long run for paying the interest and court fees.

[Advoc8]

I suspect a certain percentage of people won't follow through to court, a further percentage will accept partial offers and another percentage will make some or other procedural error with their claim. The bank will know this and as the legal department will more than likely be under instructions to minimise costs I suspect they'll have calculated they'll save more by stringing things out than settling claims in full early on.

[jjandbump]

i have sent all the letters off with figures up until the 21st Feb 2007. This totalled over £1600.00. But i am overdrawn as a result of a lot of charges, i said i would pay them £10.00 per week towards this overdrawn balance to clear it. But since feb they have added £94.00 and £84.00 in charges based on £3.00 per day. They are aware of this installments being paid and even sent me a statement that means they are getting them.

 

Can i write to them saying that although my time scales have not changed the fees they have placed on to the account as a direct result of charges taking me over drawn have been added to the balance.

(sending them a new spread sheet also???)

 

Or can this not be done, they have made offers but only just enought to clear the overdraft of £500.00, i dont see why i should take it.

 

I have another week on monday coming until i can file on MCOL, but if i can send this revised figure i want to do it before i file this amount.

 

Please reply ASAP. As need to get it in post

[Guest Mumofthreeboys]

You can add further charges to your claim right up until the time of filing your claim.

[essjaysea]

And if they add any charges after your claim is filed, then just add them into your spreadsheet and claim them when Barclays offer a settlement, which they will do prior to the hearing date

[Bigmac versus]

Please be aware if you have charges after filing at court they may settle for the new amount but if they offer what you claimed when you filed at court, you need to accept that then start a 2nd claim for the other charges.

[jjandbump]

BVaerclys offered me a settlement of £1000.00 in regards to charges that were well over £2000, so i declined it, i have had a new baby and am about 5 weeks late of the time i gave them before i would issue procedings, can i just issue them or do i need to send another letter.

 

Any help would be greatly appreciated.

[Trojan1401]

jjandbump

 

Have a look at this thred giving details etc in declining a partial offer

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

[Tipsy0nBacardi]

Sounds like you've waited long enough jjand bump continue now to court

[saintly_1]

As Tipsy says just continue on to the court now