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    • You're like, super helpful and unhelpful at the same time lol.   What do I search for, I searched form 4, and nothing, I searched claiming compensation and nothing about this.   I can't find the top squares logo.   Can you post a link or tell me what to search.   Sorry if I'm slow.
    • use our custom google search box  click our top squares logo it should appear on that page   dx
    • Apologies, I haven't used a forum for years!!   I defo wish to keep the 2 issues separate, sorry!   My only issue I need help with is the increased compo for marstons - if possible.   I don't know anything about claiming compo etc. (I only recently found out one of the NHS biggest costs are NDA payouts)   I don't know what form 4 is; so far, they've offered £250 and I haven't accepted or denied it.   So yeah, can you forward me to some more info?   Also, usually I'm good at google etc. but I can't find many stories on this stuff, regarding PCN/TFL etc.   Thanks again!
    • ok things are getting clearer...   I've merged 2 of your posts for clarity and removed the swearing, (behave please) I've also taken down the two images you posted should you wish to post things up please use PDF so we can zoom easily and don't forget to redect them read upload carefully.   I think you need to continue to keep the two thing sep. those being increased compo for marstons- if possible ( if you are raising a form 4? complaint through the court - it might be better you don't? - they are very hard to justify and can be costly - so the fact it might not be moving forward could be a good thing, but listen to others here too) and the issue of the PCN wasn't justified - which you need to further expand on please.   the more info you post up the better please but please use multipage PDF files only and carefully redact them    
    • Thanks for trying btw! It's kinda in 2 parts.   1 is that the PCN wasn't justified in the first place and I wasn't aware it had escalated. I received the initial fine from TFL which I challenged and heard nothing back from (for 5 months). Then another letter from a separate PCN which made me email TFL to inquire what was going on but again, heard nothing back.   (BTW I can see how confusing this is so thanks again for trying)   So, I had no idea my car was at the risk of being taken - that's the first part.   No 2. is:   I got a phone call saying my car was on the back of a truck round the corner from mine (they hadn't left any notices or anything, and the car was parked directly outside my house). My friend said they were attaching the straps and securing it to the van (so I think they got it on the back of the van and moved it before securing it).   When I ran round the corner I saw the EA's van. I went upto it and asked what was going on. He was rude and told me to go away. Then after I kept knocking he got out the van and was aggressive and refused to ID himself or tell me why he had my car.   He shouted at me, was rude and unprofessional, he then left with my car. I complained to Marstons and asked for the bodycam footage.   They gave me the footage but it was clearly edited and cut short (because in the beginning of the footage he was the most aggressive).   They then told me he wasn't required to have the camera turned on when he's in the van, only when he's 'actively pursuing a warrant' and I was only allowed the footage I was in. (which is 2 different things) So I asked them to clarify which is true.   Anyway, I reviewed the footage and sent in my complaint (talking about what happened in the footage) They replied and said they watched the footage and disagreed with everything I said.   So I wrote a more in depth response with the CIVEA code to reference + the TFL EA guide etc.    Then they asked for more time, called me and finally apologised and admitted he had acted untoward and was in the wrong.   They then offered me the goodwill payment.   This has taken up weeks of my time, caused me serious trauma and PTSD and even after I complained WITH video evidence, they still initially denied it which means they officially lied, on record, while representing TFL.   I told TFL what was happening they said I had to continue with Marstons etc.   £250 goodwill isn't enough, the car cost £800 to get out, the suspension is messed up and I'd like to claim compensation for everything.   I don't know if that makes me sound like i'm money grabbing or whatever but they shouldn't be allowed to get away with it.   The police had to come before they could call an ambulance cause I was having a panic attack and it was a HORRIBLE experience.    So any help would be great please    I have the whole file from Resolver in a ZIP file but it's a lot of writing and I think you've read enough of my writing to last a life time!   I did a statutory declaration of OOT, got it signed by the court etc. but it was rejected.   I then tried to take them to court but it cost £250 I think which I don't have. You can get it for free if your low income but they wanted bank statements that I couldn't get. They're waiting for me to reply with documents to get a free court date.    did you receive any of the pcn's - was that why you appealed? - Yes, sorry!   unless it's trying secure a greater level of compo from marstons? - Yes, sorry!   For the record I just saw this pop up, read it and now feel much less guilty about my enquiry!
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tnook

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

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Their solicitor just replied:

 

Dear xx, 

 

To clarify, not all of the data held on microfiche is ‘beyond use’. As we have previously explained, the microfiche storage system uses references locate documents on a particular tape. This is followed by a manual search of the microfiche records based on the reference.  For some customers, such a reference is retained, and the Bank can locate personal data in the microfiche system. However, for other customers, such as yourself, and especially where the relevant account has been closed for an extended period, this reference number is no longer available. The lack of reference number means that the Bank cannot locate your documents.

 

As a result of the time that has elapsed since the creation of the documents you have requested, there is no longer any billing date reference available that would allow the Bank to search for the documents. 

 

In any event, any requested documents dated prior to January 2001 are not available because the microfiche system only holds statements from 2001 - 2004.  

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Think I’m losing this one. 

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Their problem???

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:mad2::-x:jaw::sad:

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Asked them how they generate their reference numbers and what is preventing them regenerating it. 

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Tnook, do me a favour - use the Live Chat facility on the ICO’s website tomorrow (today?) and ask them about the claim made by Barclays - that they admit to probably having the data but their own referencing issues are making it difficult, not impossible, to make the search. See what they say - screenshot what they say and use the facility to email yourself the transcript - then send that to the solicitor you’re dealing with. 
Please try this....let us know what the ICO say. They’ll probably include the usual ‘we can’t state categorically without knowing the details’ but press them on this issue specifically!!

Having something from them to quote will help your case no end!!!

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Thanks Craigten. Generic woolly reply from IOC. 
 

Solicitor has gone quiet even though all their ‘deadlines’ have passed. I wonder if they are busy chasing a response to my last question about how they generated their references and why they can’t regenerate it. 

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Interesting stuff!

Last time I had one of those vague responses via their instant chat, I rang them and got enough spoken word from them that I used it to my advantage. Record the call as I did. I think you’ll be surprised at how much sway it will hold when going to court - what judge will (at small claims level) enjoy arguing against ICO?

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Just this minute. 
 

I GOT MY STATEMENTS!!!!!!

 

😀😀😀😀

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Yeah baby, now screw them for everything including 20 years compunded

 interest at the contractual rate!

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As it now clear that microfiched data can be retrieved, and are not destroyed  after 6 years I will now reopen my claim against them for my 1986 statements. It now appears I settled my claim in 2007 based on false information provided by Barclays and the ICO.

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44 minutes ago, noomill060 said:

As it now clear that microfiched data can be retrieved, and are not destroyed  after 6 years I will now reopen my claim against them for my 1986 statements. It now appears I settled my claim in 2007 based on false information provided by Barclays and the ICO.

 

1 hour ago, tnook said:

Just this minute. 
 

I GOT MY STATEMENTS!!!!!!

 

😀😀😀😀

YES!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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Excellent news Tnook and well done for persevering.

 

This is important, not just for you, but for anyone looking for retrieve older data from BC.

 

 


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Once you've had a chance to review the data properly, please confirm your intentions.

 

I suggest you start a new thread when you''re ready, if you intend to reclaim penalty charges.

 

No need to have 11 pages to wade through for the reclaim case.


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Well done.....no wonder they wanted to put pressure on you to settle yesterday and then found them today.....remarkable.

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35 minutes ago, Andyorch said:

Well done.....no wonder they wanted to put pressure on you to settle yesterday and then found them today.....remarkable.

It’s unreal! Banks really are untrustworthy bas****s. How dare anyone suggest otherwise.

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IMHO they had them all along and even knew how to recover them, but flew that kite to avoid what I pointed too in post 227.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Ok. I may have celebrated too soon. They gave me my statements from 2001-2004. Which is great! They are sticking to the line “we don’t have statements pre 2001”

 

This was their solicitor:

 

 

Dear xX

 

As confirmed on our email of yesterday, the Bank is unable to conduct a reasonable and proportionate search for documents in circumstances where the reference number is no longer available, with any attempt to locate documents needing to be conducted on a purely manual basis.  

 

In advance of the hearing, and in order to assist you and the Court to the fullest extent possible, the Bank has spent a considerable amount of time and resource over the last few days in conducting a further manual search of microfiche in order to determine whether any of the documents that you have requested can be located.

 

The search has recovered the attached statements for card numbers    and from January 2001 to May 2004; and card numbers and  from July 2003 to May 2004 (copies attached). Our client is now able to confirm that no further data in respect of all four if the above accounts is held for you in microfiche. As previously discussed microfiche does not hold any statements dated before January 2001.

 

Notwithstanding the above, the Bank’s position remains that it carried out reasonable and proportionate searches when it received your initial request and has exceeded its GDPR obligations in carrying out the manual microfiche search. 

 

As you have now been provided with the requested documents, we should be grateful if you could confirm if you accept the Bank’s offer of £150 in full and final settlement of your claim. We look forward to receiving your confirmation by no later than 12.00pm on 29 November 2019.

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 Well they have gone back as far as reasonable ( In the eyes of the court) and only 2 years missing which is not held on microfiche...the court cant order whats not available.

 

Perhaps take their offer now and draw a line ?

 

Andy


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13 minutes ago, Andyorch said:

 Well they have gone back as far as reasonable ( In the eyes of the court) and only 2 years missing which is not held on microfiche...the court cant order whats not available.

 

Perhaps take their offer now and draw a line ?

 

Andy


I most certainly will. I am pragmatic, there is enough here now to mount phase 2.  See you all in the new compounded contractual interest thread. 

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Looking at the notes they sent. It looks like BC regenerated the missing reference number. They included a page with hand written notes breaking the account numbers into new numbers. 
 

I think my last email to the solicitor did the trick. Asking how the reference numbers are generated and why they can’t be regenerated. I was preparing to cross examine their hearsay witness about it. 

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Replied to the solicitor that I would be delighted to settle as soon as the funds (£150) are in my account. 
 

No doubt they will slip in the non-disclosure clause in the settlement. 

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Here is the settlement offer. Which includes the NDA. Also a clause (5) saying I won’t pursue a further claim based on the subject matter if this claim. Would that preclude my next phase of claiming the charges?

 

—————
3 The parties acknowledge that this Agreement is entered into in connection with the compromise of disputed matters and in light of other considerations. It is not, and shall not be represented or construed as an admission of liability or wrongdoing by any of the parties to this Agreement or any other person or entity.


4 In consideration for the Settlement Sum, the Claimant hereby releases and discharges the Defendant, its employees, successors and assigns from any and all damages, liabilities, interest, costs and obligations, past, present and future, howsoever and whensoever arising, whether known or unknown that the Claimant had, have or may have at any time and in the future against the Defendant, arising out of or connected to the subject matter of the Claim.


5 The Claimant agrees that all circumstances surrounding the Claim and the terms of this agreement and/or any negotiations surrounding it are to remain confidential and that the Claimant (and/or her legal advisor(s)) shall not disclose the same to any third party, except with the prior written consent of the Defendant, or except to the extent required by law or for the purposes of enforcing the terms of this agreement.


6 For the avoidance of doubt, the Defendant shall be entitled to disclose the terms of this agreement to its regulators, subsidiaries, affiliates, auditors, officers and employees.


7 Nothing in this Schedule shall affect any indebtedness the Claimant has and/or may have to the Defendant.


8 The validity, construction, enforcement and all other matters arising in connection with this agreement shall be governed and construed in accordance with English Law and the Courts of England and Wales shall have exclusive jurisdiction in relation to all disputes in connection with this agreement.

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Hi Tnook,

 

It's Para's 4 and 5 that concern me but I hope Anyorch will drop in to clarify.

 

I would refuse to agree to Para 4 as it could compromise a penalty charge reclaim.

 

And clause 5 should be refused because you do not agree to confidentiality.


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They continue to be stubborn:

 

Dear xx, 

 

Our position is that paragraph 4 is specific to the subject matter of this claim. If you are dissatisfied with the wording of the Tomlin Order, please provide us with the alternative wording you propose and we shall take instructions.

 

As this matter concerns a request for disclosure of data relating only to your personal accounts we do not understand why you consider that the terms of settlement should not remain confidential between the parties. 

 

In the meantime, we can confirm that we have received confirmation from the Bank that the settlement sum can be paid into your current account today but can take up to 3 days to show in your account. Once the Tomlin Order has been signed we shall arrange payment. As previously confirmed, we will send you a version for signature via DocuSign once you have confirmed that it is agreed.

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So you have other accounts with them that are not personal??reason

 

No they just dont want the word getting out they do hold such data as i bet there are 10'000 of people that have had their claims rejected for this very reason...

And they dont want to lose another £10M 

Pers i think the fca and the fos should see this admittance barclays have LIED all these years

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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