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    • I've complied this draft letter. What are your thoughts?. Can they during this time put anything in place to get any court proceedings so i would have to travel to Wales?. Check out the Compton Group LTD who are their litigation team. Thanks and good morning. 20th letter dtw pdf.pdf
    • I'm trying to work this out as I go along. The first thing to do is to think about this not as a car – but simply as a £value. This is especially so as you have said that it is not a rare BMW. This means that you could purchase another one and it would mean just the same to you. You bought the car for £16,000 – and presumably that was the value you gave to the insurance when you bought the policy – is that correct? If that is the value you gave to the insurer then on my understanding of these things, that is the maximum you would be entitled to claim. This is the amount you got so although you lost the car (£16,000), it was fully replaced by the payment of £16,000 – minus, of course, the excess – but that was part of the deal anyway. I've looked at the RAC website for the meaning of the various categories - https://www.rac.co.uk/drive/advice/buying-and-selling-guides/changes-to-insurance-write-off-categories/   I see that a Cat S means that there could be structural damage. Cat B means that the car must be broken for parts. You say you would like to get the car back because you consider that it can be repaired. Personally I think I would be very worried about this because if there has been one inspection which is rated it as a breaker and the second one rates it as having possible structural damage – but repairable – it seems to me that there is a huge risk involved. Supposing you got the car back and proceeded to repair it but in fact found that there was some structural distortion so that the geometry of the car made it difficult to drive. You would then have a real lemon on your hands – and of course you would have allowed a fair amount of money and trouble into getting it going. Apart from the fact that Hastings behaviour is all rather suspicious – I'm struggling to see what loss you have taken on this. You would have had to pay the excess anyway – in any event. You have now received £16,000 payment so you are in a zero-loss situation and you could simply go out and hunt around for another car for the same money. The only thing that I could see which could complicate matters is if you come back and tell us that in fact the car was a huge bargain and that it would cost you more than £16,000 to replace it. But in that case I would have to ask why did you only insure it for £16,000? The second complicating factor might be that in the four months that you had it, he spent a lot of money on improvements and you have managed to recover that. Maybe you could let us have your comments on this and also let me know if there is anything which I've misunderstood  
    • Well today is the 20th so let us know if you have had a disclosure by the end of the day.   Of course you can bring a claim for breach of statutory duty – but in order for it to be a small claim you would have to claim an amount in financial compensation. Luckily under the data protection laws you can claim for distress without having to prove any physical damage or economic loss. I happen to know that you have some experience of bringing a successful data protection claim in the past - which was settled quite advantageously out-of-court. If you want to bring a small claim then I would suggest that you would have to alleged the distress and claim for, say, £50 – but it is a bit early to do this. You certainly would have to send them a letter of claim and give them 14 days.
    • What is the name of the car dealership please – I think you have already been asked this. Also, didn't you record the call? You've been here since 2006 and our customer services guide has been around since almost that time. It is always going to be very difficult to get hold of a recording of a conversation which Incriminates the company that you are trying to retrieve it from.
    • Hi.   While we're waiting for the experts, can I ask a couple of questions please?   Can you tell us which documents you've returned to the police? I assume you've admitted to being the driver.   Are you saying you were never asked to produce your licence and insurance at a police station? I don't know if it's still called an HORT/1 but that's what I was given when I needed to show documentation.   I've put some numbering into your first post for the various points you've raised.   HB
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tnook

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

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4 minutes ago, tnook said:

But this isn't the aim of the case. I'd rather not discontinue. Do I need to?

Can he not just take the compensation offered and then continue? What would be the negatives? (Not that I know anything).

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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


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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.

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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.

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Please do then we can refer


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" 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.


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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).

 

 

IMG_0225.jpg

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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'.

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


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


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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.

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


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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


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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.


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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”

 

 

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


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

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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.

 

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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. 

69265746-BF70-4DBB-B447-FCE835115C13.png

Edited by tnook
Added letter

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

  • Confused 1

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

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

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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.

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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


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

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