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BARCLAYCARD **WON** Charges repaid with compound int't and DN removed**


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Does anybody know how to interpret a BC Sar properly?!

 

Mine is printed out in 1 long sheet and its confusing trying to make sense of it. I didnt receive any statements and after complaining i was told all the information is on the sheets!

 

I'm looking to reclaim charges and it states

 

:Late payment fees £84 total amount calender year to date.

 

Does this mean in one year or the whole account time until the Sar was sent because that seems a low figure and a lot of them would have been in 2005.

 

The account was Defaulted April 2010 and the Sar is from April 2011.

 

Also as i have no dates how can i work out interest to apply!!

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If you didn't get a transaction history with the individual amounts then I would say you have a failed SAR and need to get back to them to get the detailed data. Have you been through the SAR response thoroughly?

 

Failed SAR letter is in the CAG library and amend it to say what is required.

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I made a complaint after sending failed Sar letter last year about missing details and was told in a Final Response that all information concerning payments and charges were provided in the copy statements and therefore they have satisfied my request.

 

I have multiple copies of default notices, letters and such but the rest of the information is on one long ream of paper full of codes. Ive looked looked through this paperwork loads of times now and i cant find dates of transactions or anything to work from.

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Well if it were me I'd be complaining again as you want the detailed transaction history. From what you have said the account is not that old so they should have this information. If they fail to provide I would be lodging a complaint with the ICO

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

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does anyone have a contact number for their Data department?

 

I've wrote so many letters to Barclaycard and the ICO about multiple problems with this account and never got anywhere, yet in the past 2 weeks following phone calls to BC i've had 2 problems rectified and received compensation for their mistakes!!

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Might be an idea if you let us have the full picture as there seems to be more to this than is stated in the posts thus far

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Read Here

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Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

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The account was sold to lowells last year and i argued that i was having 2 entries showing for the same debt on my credit files. The BC account was showing as settled but on the Call Credit summary it was stating i had 3 Defaults when it should have showed 2 (other 1 for Lloyds). After much arguing and the ICO agreeing with them BC finally said last week that Lowells should have replaced the BC entry with their own and BC agreed to remove their entry from my files.

 

However i've now been informed by BC that the entries were correct and that they removed their entry as a goodwill gesture!!!

 

The second problem was BC not Defaulting me until 12 months after no payments to the account, when i complained last year i had a final response saying info was correct and the date wouldnt be changed. They have now agreed this week that they were wrong and have told Lowells to move the Default date back by 6 months!

 

I'm now trying to reclaim the charges but if i have to involve the ICO again its going to take forever!

 

I know its advised on here to not contact by phone but it seems to be easier with some problems.

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I have a number now to ring on Monday about this, can they now say that they can only provide 6 years information from this month?

 

The SAR was sent in Feb 2011 so would i be correct in demanding the proper information from Feb 2005 onwards? I know there were a lot of charges in 2005 thats why i need that years proper statements.

 

Also would letters from 2004 stating my account was late and overlimit be sufficient evidence to reclaim those charges as well?

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Hi Shutmeup,

 

Despite having some recent success resolving problems during phone calls, you should avoid them like the plague !! You need a decent papertrail, in case matters get more serious.

 

Insist on getting data from your original SAR date of Feb 2011 at least.

 

If you want older data, they will still have it despite what they tell you. However, to get this, you may need to take court action to force disclosure.

 

It's fairly simple and will save months of waiting for the ICO to respond (saying that BC do NOT have the older data !!). See this thread - which refers to DPA wins for Kate999 and Shelley - http://www.consumeractiongroup.co.uk/forum/showthread.php?50148-Barclaycard-amp-Microfiche-they-are-wrong-OFFICIAL&p=3106958&viewfull=1#post3106958

 

Costs in obtaining this older data can be reclaimed when you take BC to court for a refund of the charges plus compound interest in restitution.

 

:-)

Edited by slick132
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That sounds about right.

 

Go for the older data then.

 

:-)

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I've been thinking about it and it was mainly 2005/06 when i had problems with the account which would be covered on the missing details they already owe me.

 

I have 2 letters from 2004 stating i'm overlimit/late payment and show the account balances, which correspond with me being between jobs. Would these letters be sufficient evidence should i need to go to court to claim the charges?

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No, to reclaim the charges, you really need the statements or a/c data as proof. A letter saying you're over-limit doesn't prove you were actually penalised nor does it show if a penalty you were charged was repaid as a GOGW at the time

 

If you force Barclays using court action, you may get data back to 2004 or even earlier.

 

:-)

Edited by slick132

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I just want to check a couple of things first before i start this -

 

Can i still reclaim charges that i didnt end up paying as the account was sold last year?

 

If i was successful would the debt be cleared with the DCA before i would get any money left over?

 

I would like to use a payout to negotiate removing a Default with the DCA so would be easier if the payout was sent to me!!

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You can reclaim the charges plus compound int't in restitution but the refund will be used to clear arrears first and any balance will be repaid to you.

 

You can try to negotiate default removal on the basis that the DN is inaccurate because it includes unlawful penalty charges.

 

The above will only be possible through taking court action - BC will not agree to repayment with int't in restitution, or default removal, voluntarily.

 

DN removal will be the harder of the two to achieve.

 

:-)

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what would be the first letter to write to them about this then?

 

I've already had a Final response from them about the missing statements (14 months ago!)

 

Should i start straight off with an LBA and state that i now also want the older statements as well?

 

My SAR did ask for ALL information they held about me.

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Write to the address from which you rec'd the BC data. Tell them :-

 

Dear sir or madam,

 

You have failed to supply dates for individual penalty charges which I require, and you have only supplied data back to xxdate.

 

I know that BC retain data beyond this date and I require details of a/c transactions in a comprehendable form, from when the account was opened in xxmonth/xxyear.

 

This data should have been supplied in response to my original SAR. If this information is not supplied within 14 days, I will take court action against Barclays Bank PLC to force disclosure and to seek damages for your failure to comply with my lawful request.

 

I trust this will not be necessary.

 

Yours faithfully,

 

Send your letter by Rec'd Del'y.

 

:-)

Edited by slick132
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  • 3 weeks later...

I've now received statements going back to May 2004, which conveniently for them doesn't show me the Feb and April 2004 charges that i have letters showing were applied to the account! I'm still going after these 2 months as they total over £500 now with interest.

 

I've been told by their customer relations dept that Barclaycard will hold copies of all the statements going back to when i opened the account in 2003 but the information is now archived and to write a letter to their LRC dept in Northampton for the rest of the statements.

 

So if Barclaycard tell you they only hold 6 years info don't believe them!

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We've not believed this for a long time !

 

Let us know if their suggested approach gets you further data, if you try that avenue.

 

:wink:

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  • 2 weeks later...

Today i received the same computer print outs i had 18 months ago so am still missing the first 12 months statements.

 

I sent a Lba 2 weeks ago so am now going to file a claim on monday for the missing statements.

 

Theres a box at the top of the N1 form that states - IN THE

 

Does anyone know what to put in there?

 

In the Brief details of claim do i just write that i want my missing statements? or does that go in the Particulars of Claim?

 

Thanks in advance!

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Hi SMU,

 

That'll be IN THE [your local county court]

 

However, you need to read the guide here as starting a Court Claim has changed and you now have to send your claim to the Salford Office - http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/DG_195639

 

Particulars of Claim (POC) - you'll find guidance here - http://www.consumeractiongroup.co.uk/forum/content.php?571-Data-Protection-Act-Non-Compliance-Particulars-of-Claim.

 

Please don't rush into this. Research so you get it right first time.

 

:-)

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Hi slick

 

I've been doing some reading and using bits off other peoples claims. Do you think this is ok to send as the POC?

 

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 had an account number xxxxxxxx ("the account")with the Defendant which was opened on xxxxx and closed on or around xxxxx.

 

3. On xxxxx 2011 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 and has failed to submit statements of account between xxxxx 2003 and xxxxx 2004.

 

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

 

6. The claimant is aware that the Information Commissioners Office (ICO) considered Barclaycard's Microfiche data storage system back in November 2006. The ICO concluded that the microfiche system used by Barclaycard is a relevant filing system for the purposes of the Data Protection Act.

 

7. 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 and time spent preparing documents and seeking legal advice, I estimate this cost to be £100.

 

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

 

9. 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.

 

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

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It looks like the POC from the Library and you've added about BC's Microfiche system, which looks fine to me.

 

So this needs to go off to Salford CCMCC who will issue the claim from their office.

 

:-)

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