@barclaycard SAR Received but only 8 years Barclaycard

[felixflyer]

Hi

 

I have been paying off my Barclaycard for over 5 years via an agreement.

 

I recently decided to SAR them in the hope that my charges my clear the remaining balance (£1500).

 

I have received the SAR pack today but they have only gone back to 2004.

My account was started in 1995.

There are lots of charges on the statements and I know there will be more in the years that are missing.

 

I also found out that I was paying PPI for 11 years! I didnt even know.

 

I will be claiming that back as well but again, how do I know what I paid for the missing years?

 

As I have only received 8 years and 5 of those were in a plan, I have only really got 3 years worth of charges and PPI even though I would have been paying them for 11 years.

 

With interest this could make up to a substancial figure so I am keen to work it out fully. How can I get these statements?

 

Regards

[dx100uk]

you wont get the charges passed 6yrs back anyhow

unless you goto court

 

as for the ppi

 

use the statements you have and then average their ppi PCM

 

then charge them that going back to month one

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

dx

[slick132]

See here about getting older data from BC - http://www.consumeractiongroup.co.uk/forum/showthread.php?342110-DPA-Claim-***WON***-getting-BC-data-back-to-2002

 

[felixflyer]

The PPI is going to add up to quite a sum, especially with interest.

 

However I dont know whether I can say it was mis-sold. I have received an application form with two boxes asking whether I wanted PPI and I tick the one saying yes.

 

When we are claiming back PPI is it due to it being mis-sold or due to the fact that the insurance itself is worthless?

[dx100uk]

who and where did you sign the forms

 

dx

[slick132]

When we are claiming back PPI is it due to it being mis-sold or due to the fact that the insurance itself is worthless?

 

You can read up on the reasons for reclaiming PPI in the Stickies in the PPI forum.

 

[felixflyer]

It was a form that I filled in and sent by mail. This was in 1995. There were just 2 tick boxes saying yes or no to PPI. There was nothing explaining the benefits or restrictions etc.

[felixflyer]

So something that BC did provide was a breakdown of the dates my limit was increased. During the years that my statements were missing I was basically permanently on the limits of my cards so by taking the limit as the balance and working out the PPI figure using the same percentage rate as on the statements they sent me I have put together a spreadsheet of the whole 11 years.

 

The amount I paid in PPI was £3004. If I use 24.9% compound interest the figure goes to £39,227:shock:

 

I take it I would never get this figure so what would be the best way forward?

[slick132]

Hi FF,

 

If you are estimating any part of a claim, you need to show that you are using all available data to arrive at accurate and reasonable estimated figures.

 

Have you put all the known PPI data from your statements onto a spreadsheet and used an average of the a/c's interest rate over the period from 2004 onwards. What does your spready show for PPI charges and compound interest for this period.

 

If BC do not agree with your figures, your options are to use the FOS (which can take months or years) or to file a court claim against BC. The problem with the latter option is that you need to prove your case against BC on the balance of probability, with regard to the mis-selling of PPI in the first place and with regard to the figures you use in your claim.

 

Have you identified all penalty charges added to the a/c from the statements available. The process of reclaiming these plus compound restitutionary interest at 24.9% is well-established with BC. What figures do you get for penalty charges and interest ?

 

Reclaiming penalty charges should be handled as a separate matter from the PPI issue for various reasons, particularly if you go to court.

 

[felixflyer]

Hi

 

The problem is I only have the last 8 years and the last 5-6 years the account has not been active. I therefore only really have 2 and a half years worth of active account statements. There is 9 years worth of active account which I dont have statements for.

 

For the PPI, I had a few credit limit increases over the 9 years so cant just use the same PPI charge as the last 2 years as it would have been lower than this. BC did however provided some data which included dates of all my limit increases. I lived on my limit so I used that and the same percentage as I took from the statements I have to work out the missing PPI. If they would send me the missing statements then I would happily use those figures. For the 2.5 years that I have statements for, the PPI is £887 plus £3316 interest.

 

On the data they sent me it says the PPI was an 'Advised Sale' whatever that means. There were not T&C's on the application form though, just two boxes to tick, yes or no.

 

Regarding the charges. I can only go on the 2.5 years worth of statements I have and these come to £712 plus £2692 interest.

 

For both the charges and PPI I am using compound interest of 24.9 which I read on here. I have them on seperate sheets and will be dealing with them seperately.

[felixflyer]

These are the pages about my insurance sale that they included in the SAR info.

insurance.pdf

bcPPIinterestcalcs.pdf

Edited July 30, 2012 by felixflyer

[felixflyer]

Anyone? Do I have grounds for a refund here? The interest seems very high, would I actually have a chance of getting this?

[dx100uk]

yes you would

 

can i suggest you pdf anthing you wish to post up

 

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

or

convert existing PC files to PDF [office has an installable print to PDF option]

.

'

BUT......

ENSURE: remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

.

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

.

dx

[felixflyer]

OK, I have changed this to PDF and also uploaded the spreadsheet I have used to work out the interest.

 

Do these figures look right? Should I go ahead and send a letter to BC requesting them now?

 

Regards

[dx100uk]

until slick pops up

 

can i suggest something....

 

copy and paste your first 2 cols [individually] into the last SOC here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

[felixflyer]

Hi

 

Now it comes to over £53,000.

bcFosCISheet v101.pdf

[slick132]

Hi FF,

 

Penalty Charges

 

As I said above, reclaiming compound int't in restitution from BC has been successful in virtually every case. BC tend to negotiate and settle after you file a court claim but before you need to submit your court bundle (all your evidence to back up your claim), which saves many hundreds of pages of printing.

 

The figures you quote of £712 for charges and £2692 sound right but I'd need to see a spreadsheet to check for sure.

 

Read through this thread carefully and make notes about things you'll need to do - http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**

 

PPI

 

Given the amounts involved, I want you to get the best advice from those more acquainted with PPI claims. Start a separate thread for the PPI issue in the PPI forum. Post a link to the new thread once you've started it as I and others may want to keep an eye on progress.

 

But see below about getting older data.

 

Data beyond 6 years

 

We know that BC have produced data beyond 6 years when faced with court action. It may well be worth your time and effort taking further action to get older data from BC so your claim can be based on actual data, not estimates. I doubt you'll get data back to 1995 but you should get some older stuff.

 

See these links to Shelley's DPA thread and Kate999's thread :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?342110-Another-Barclaycard-PPI-charges-claim&p=3893105&viewfull=1#post3893105

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?286215-Barclays-want-to-start-court-action-help-please!&p=3402197&viewfull=1#post3402197

 

[felixflyer]

Hi

 

Thanks, I think you are right, I will go for the older info first. This may also show me the extra charges over those years as well which would affect that claim. I will send the failed SAR letter and update when I get a response.

 

Regards

[slick132]

Sounds like a plan ...........

 

[felixflyer]

I have posted a new thread in the PPI section

 

Regards

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?360273-Barclaycard-PPI&p=3930345#post3930345

[slick132]

Thanks FF,

 

I'll subscribe to the new thread so I can watch ..............

 

................... (and learn)

 

[felixflyer]

Hi

 

So they have refused my PPI. I will update the otheer thread but I am going to go through the courts. I do find it a bit intimidating as I have not had anything to do with a court before so have decided to go for the older info first to give me an idea of what I am doing.

 

I have read the old threads and there is a POC I can use but how do I actually go about making the claim? Do I use Moneyclaim? Its the info I want not any money.

 

Regards

[slick132]

Hi FF,

 

I'll see your update when you post on the PPI thread.

 

If you need to take court action to force disclosure by BC of older data, contact your local County Court and ask where you should file a small claim - at the local court or a larger regional centre.

 

Use the threads links here previously and take Barclays Bank PLC t/a Barclaycard to court seeking nominal damages for their failure to comply with your SAR and an order for disclosure.

 

[felixflyer]

I want to start this court claim now to get my older statements, I am really confused about how to proceed however. I have seen the threads on here about doing this and have the POC etc. but nowhere can I find out how to actually start court proceedings. I have asked my local court (Slough) and they have replied saying all claims for money only should go through Salford. This claim however will be for the older statements so is not money only.

 

Is there a thread somewhere which is an idiots guide to the whole court process for somebody that has never been near a court before?

 

Regards

[slick132]

Hi FF,

 

There's are conflicting reports on how the courts are treating DPA cases. I assume you've already seen BigPhil's thread here - http://www.consumeractiongroup.co.uk/forum/showthread.php?361907-Barclaycard-SAR-for-Charges&p=3946097&viewfull=1#post3946097

 

Your claim is a money claim. You are seeking damages from the bank for their failure to supply data in accordance with their obligations. In addition to the damages, you ask for the court to order that the bank supplies the data you require.

 

If the local court says NO to accepting the claim, tell them you were advised to do this as you can only pay cash for the court fee !

 

If that fails, use the Salford office and the CCMCC system.