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


tnook
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Yes slick, it’s the same data they already provided. 

 

Should i agree to their 14 day extension?

 

Getting concerned they are not going to get me the data.

 

Would they really have deleted it....

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I just collected the mail packages from the Royal Mail depot. They are just hard copies of the files I got electronically last night. No relevant data. 

Edited by tnook
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Please confirm for us what data is missing.

 

Maybe confirm this to the acting solrs and confirm you'll agree to the extension if they undertake to provide the missing data.

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Solicitor is clueless about the data. I sent her the following email:

 

Quote

Dear Nice solicitor,

 
Its looking like the data I requested is still not there. I was informed previously by Barclays that older statements were stored on microfiche. I will await the next batch of uploaded data, its looking like this is just the same data I was given a year ago.
 
Best wishes,
tnook

 

then I received this response:

 

Quote

Dear tnook, 

 

Please can you confirm whether you have now received the boxes of data which were left at the local post office?

 

Please state what data you think is missing and I will ask the Bank to carry out searches for this specific data.

 

In the meantime, please confirm whether you will agree to a short extension of time (14 days) to file a Defence in order for the parties to try and resolve the matter without further formal court involvement?

 

Kind regards

Nice solicitor

 

 

to which I replied:

 

Quote

Dear Nice solicitor,

 
In the interests of avoiding taking up the courts and our time unnecessarily I agree to the extension. 
 
I have made the missing data very clear in the numerous letters and POC. 
 
I have collected the packages from the Royal Mail depot. Again irrelevant duplicate data. 
 
I have asked for the data previously. Barclays wrote to me explaining it was stored on microfiche but without the account numbers they couldn’t extract it. They also said they didn’t have the account numbers. During my GDPR request last year the account numbers were clearly listed in the high level summary about my banking history. 
 
Thank you for your help. 
 
Best wishes,
tnook

 

the solicitor then replied:

 

Quote

Dear tnook 

 

Thank you for your email and confirmation. I will update the Court.

 

I have communicated the below to the Bank and I will update you as to the position soon as possible.

 

Kind regards,

Nice solicitor

 

Not sure what is going on at Barclays. Are they just lazy and only want to search what's on their computer records and avoid going to microfiche? Are the microfiche team too lazy to have a proper look? Is the data actually gone?

 

Interesting to note, in my general GDPR stack from last year I did get a very low quality picture of the original CCA and application for the cards from 1998. Would that have come from microfiche I wonder.

 

Feeling a little hopeless. Really want those statements, refuse to believe the data is gone, did Barclays really start deleting old data?

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14 day extension to the BC having to file a defence. Their solicitor is trying to get BC to get the real data (statements) together. I expect they will just come back with another round of excuses about not finding the data. I still refuse to believe they have deleted it.

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Still no response from BC or their solicitor. The 14 day extension expires on Monday. On the MCOL website there is no mention of an extension and it says I can now request  judgement. Will wait till Tuesday before I hit that button. 

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Extensions are not shown on MCOL......its an informal agreement between yourself and the defendant to which the court are notified.

Normally a bar is put in place to stop you requesting judgment....once an extension has been agreed.

 

But go ahead and hit that button on Tuesday.If it wont let you request judgment you can do it manually by downloading form N225

 

https://www.gov.uk/government/publications/form-n225-request-for-judgment-and-reply-to-admission-specified-amount

 

Andy 

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Part of the game and delay tactics...at least you agreed and was amicable which goes in your favour.

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Status update: BC have rejected the claim and want mediation

 

No contact from the solicitor, just an update from MCOL that Barclays want to enter mediation. Here is the notification:

 

Quote

The defendant’s response

Barclays Bank UK Ltd has rejected the claim. They’ve suggested mediation to help resolve this dispute.

You need to email [email protected] before before 4pm on 28 May 2019 to tell us if you agree to mediation or not.

If you don’t send an email before the deadline, the claim will proceed without mediation.

 

Is this a play for more time? I guess if I don’t go along with it then it will look unfavorable on me.

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Not really ...mediation is part of the process at allocation stage.

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Would it be a good idea to go along with it? At least I’ll have shown I’m trying to be reasonable all along.

 

Will be annoying because I will have to time out from work and lose a day’s pay.

 

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Wonder if the solicitor dropped the ball and didn’t chase BC for the right missing data and realized the clock has run down. I would have thought by now she’d have written to say something along the lines of “BC don’t have the data, sorry”.

 

 

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Status update: Bank filed Their defence

 

The solicitor emailed me with the defence documents

any advice appreciated.

 

Barclays have submitted their defence and it seems asked for mediation.

 

Looks like they are sticking to the line that they don't have the old data.

 

 

Defence-red-1.pdf Defence-red2.pdf

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Well it is what it is...you wouldn't expect anything else....obviously they are going to deny that they have not complied.Should you now wish to proceed then your task is to prove otherwise in your witness statement.

 

Andy

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7 hours ago, Andyorch said:

Well it is what it is...you wouldn't expect anything else....obviously they are going to deny that they have not complied.Should you now wish to proceed then your task is to prove otherwise in your witness statement.

 

Andy

tnook, is this do-able?

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