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

[BankFodder]

10 hours ago, craigten said:

I received some very interesting replies on my thread along the lines of the bank can just come back with “No, that’s all the data we have” and the court will likely side with them?

I've removed two very long posts of yours which you have posted on this thread.

Firstly they are very difficult to follow when they are present in that way. Secondly, you are effectively hijacking somebody else's thread and it is very unfair on them.

Please would you not hijack the threads of other people and please do post your story and your issues in your own thread and you will get a much better level of advice and support. Thank you

[BankFodder]

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

[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

[BankFodder]

On 27/05/2019 at 14:45, tnook said:

Realise it's the bank holiday weekend. Just wondering if any of the site team had any advice?

 

 

I have a look through this thread but I have seen the defence that they have supplied. Have you got a copy of the bank's retention policy?

[BankFodder]

If you are going to mediation, don't forget that there is no basis on giving any ground if you consider that you have the right on your site. Mediation is not about compromise – unless your position is weak. If your position is strong then simply stand your ground and give no quarter. Then later on you will be able to say that you did agree to mediation.

[BankFodder]

Then you need to ask them to explain why they have breached their stated policy for data retention.  Also ask them to commit themselves that they do not use some other data storage service/archive.  If they refuse to confirm then you might then say that you will proceed to a hearing -although could be risky.  You could tell them that if you withdraw the case it will be on the basis that they agree in writing that they have breached their own policy.

I'm afraid that I haven't gone through the whole thread or refreshed my memory of it

[BankFodder]

I expect it was just a tactic to make it look as if they were willing and also to test your resolve.