Very Old Barclaycard Charges ***Settled by way of Tomlin Order***

[AndyOrch]

Possibly......the problem is your not looking for a cash settlement to the value of your claim...but a compensatory award at the discretion of the court.

The problem is you submitted a money claim part 7 with a total amount settlement.....really it should have been a part 8 claim with no monetary value but to be decided by the court..IE Compensation. 

 

So if you proceed and win you will only get what you requested by way of the part 7 claim......if you add your court fees to the £125..and they agree your no worse off.

The court will not give judgment for what your hoping to achieve....only the amount you requested.

 

Andy

[tnook]

Yeah, I was using the template previously used in other successful Barclays SAR cases (eh Shelly). The monetary compensation is not that important to me the key thing is to get them to provide the data which is also requested in the POC.

[tnook]

It's peculiar that the court case is against Barclays, yet this is a letter from the same lady at Barclaycard customer services and it almost reads like a continuation of the complaint. I'll scan it and add it here with the sensitive bits redacted.

[AndyOrch]

Please do then we can refer

[AndyOrch]

" yeah, I was using the template previously used in other successful Barclays SAR cases (eh Shelly). The monetary compensation is not that important to me the key thing is to get them to provide the data which is also requested in the POC. "

 

Yes I am aware not ideal because Shelleys was a part 7 for a monetary claim...but even if you proceed and the court order the disclosure...and they can/cant comply...what then ?

Watch out for offers made in full and final settlement...because if they did disclose the data they will know your coming back for more...and once you F&FS you cant go back again.

[tnook]

It's odd in that I would have expected a letter from the Barclays legal team, not the Barclaycard Customer Service team. Also the coincidence about the amount £100 (amount I am claiming) plus £25 (the court fee).

 

 

 

£100 complaint settlement letter.pdf

 

Looking back over the letter's I have sent to BC customer services. The last letter was the one based around @BankFodder's template requesting a certificate of destruction. They replied that they didn't need to send one. Since then I issued the POC for the SAR. I suspect the legal team have prompted them to expand on their last letter and offer the 'goodwill'.

[AndyOrch]

Im sure the Legal team are pulling the strings though......

[BankFodder]

Well that letter is tantamount to and admission the they have reached the data protection rules

[tnook]

Ugh I need that data. I know there are a significant amount of charges there. I had asked them previously for the data and they said that they no longer had the account numbers, but if I did supply the account numbers they could access the data on microfiche. I gave up as I didn't have the account numbers. Then last year in my GDPR request the account numbers were all there on their client summary sheet..... they had them all along.

[AndyOrch]

Onwards and upwards it is then.....now you can disclose the above letter as your evidence. 

[BankFodder]

I've lost track of the close detail of this story and I'll have another look tomorrow comma however you could always think about withdrawing this claim, sending them another asar and then beginning another claims when they breach that one.

you can be sure that second time round they will have no doubt but that you are serious.

Also, having done it once before,  you will have extra confidence in what you are doing.

 

Of course and @Andyorch is right about bringing a part 8 action rather than a part 7 but on the other hand a part 7 is much easier and it shows that you are prepared to be litigious and in a case like a breached sar, if you simply keep on beginning another action and then another action every time they breach the sar, eventually they going to have to think about it very much more seriously

[slick132]

My opinion, for what it's worth, is that this offer is the BC Cust'r Services response to a complaint and perhaps NOT the legal team's response to the court claim that's been filed.

 

What's the date by which Barclays t/a BC have to defend after acknowledging the claim.

[tnook]

Yeah I also have that feeling. But... too many coincidences with the amount offered and the line “I hear you’re going to court etc”

 

 

[slick132]

I asked above the date by which BC have to Defend please ?

[tnook]

Sorry. They asked for a 2 week extension. They have till the 13th of May. 

[slick132]

I think the 2 issues - BC's response offering compensation - and the court claim - are not directly connected but I will defer to Andyorch's greater experience.

 

[tnook]

I just got a letter from Barclays Solicitors. They say that the letter above is goodwill and if I don’t accept the offer they will file a defence and pursue me for costs. 

 

GOGW letter £125.pdf

 

Interesting that the solicitor says the data will be with me shortly and yet Barclays restated in their letter they don’t have it.....

[noomill060]

If this is in the Small Claims track they can pursue all they like, they wont get any.

[tnook]

Should I write back and state I will discontinue once I have the data?

[noomill060]

No reason to give them any good news just yet. I'd just let them stew until you have the data and you are happy with it.

[AndyOrch]

I would respond and state that on receipt of the missing data you will happily oblige and discontinue the claim...please confirm when your client will be able to disclose all requested data.

 

You have to be careful heer because in theory they have offered the value of the claim and we get back into the realms of Part 7 verses Part 8 claims.

 

Andy

[tnook]

Yes this worries me that they have a way out now and I’ll not get the data. 

[tnook]

I’ve sent the reply stating I’d be happy to discontinue the case once I get all my missing data.

 

Find it odd though the letter from BC (18th April) says they haven’t got the data (which I don’t believe) and the letter from the solicitor (30th April) says I will have my data shortly. Slight contradiction.

 

Will see where it goes. Deadline for filing a defence is May 13th.

 

 

[AndyOrch]

[craigten]

 I’m following this and am with you all the way!

Good for you!!