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Miniconverter VS Barclays


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Please be patient with me as this is my first post so I am not very good at it yet and I may even be posting in the wrong place if I am can somebody tell me where it should be

 

Sent off the data protection letter on Monday and by Friday I had a letter back saying they would send me copy statements in the next few weeks and where going to do it for free and returned my £10 which surprised me but i did send it by postal order so it meant them making an effort if they wanted to cash it.

 

Now I know this all sounds good and I am going to wright them a letter thanking them for the return of the £10 as this gives me an opportunity to remind them they only have 40 days and not to stretch there few weeks to far.

 

Before I do this i would appreciate any comments on the letter they have sent me as I am not sure about a few points on it and am not sure if they are trying it on.

 

Below is a copy of the letter any comments would be much appreciated

 

 

 

 

DATA PROTECTION ACT

 

We refer to your letter of 9 October, which was passed to this department for comment due to your request for certain information, relating to bank charges, under the terms of the Data Protection Act [“the DPA”]

Please be aware that the bank is under no obligation to present information according to any particular format. Therefore, your request to assemble a schedule of charges is turned aside. You may course obtain this data from copy statements and these will be supplied to you within the next few weeks without charge on this occasion. As the bank is providing the copy statements on a complimentary basis your payment is returned herewith. We would advise however, that some statement information arising from the period prier to and possibly during 1999 to 2000 is manually stored in a form of microfiche and does not fall within the data subject access provisions of the DPA.

As regards your mention of “manual intervention”, the DPA does not oblige the Bank to comment about internal policies and procedures. Furthermore, in the context of managing a day to day transactions arising form out of order accounts, the bank does not hold the information you have requested in a form that would be covered by the DPA. Whilst aggregated information is retained for statistical purposes, this would not constitute “personal data” under the DPA and therefore would not be covered by a s.7 DPA subject access request. For the avoidance of doubt, the fact that we do not generally record information in a way that is caught by the provisions of the DPA is in no way an admission that there was no such manual intervention.

Thanks for taking a look Miniconverter

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Guest ian cognito

Usual letter I think, basically saying that they will not provide a list of charges but statements which you will have to go through and pick the charges out yourself,some of the older data has been archived to Microfiche but this doesn't make a difference to you they have to provide it anyway (although they may use it as an excuse to waste some time)

 

The last bit means they can't prove maunaul intervention but are using the excuse that they don't have to, it's to your benefit that they say they can't, none of this makes any difference to your claim, go forward as per your timetable.

 

Good luck

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Yep, Bog standard templated letter from Barclays, nothing to worry about whatsoever! In fact while oyu are waiting read as many posts in this forum (and others) as you can, you will see from the longer threads that nearly everybody gets the same responces, reading other threads will increase your confidence! And dont be worried you are not on your own, there are people to help you here whenever you need it! :)

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My bank statement came today. Only sent of data request on the 9th so 10 days from the day I sent it to receiving them and my tenner back as well.

 

That many statements they sent them in two large envelopes going right back to 1998. I have sat down tonight and been through every one from 1st nov 2000 to present as this gives be an nice easy date to work from and every thing I ask for back will be inside the six years.

 

I am going to down load the spread sheet and have a play about with it before I fill it in for real but am not sure about Overdraft interest how do I work this out as not all of my over draft is there fault as my account has fluctuated wildly from being over drawn £1000 to over £3000 in credit (never have been much good with money) I have been reading a few post about this but it just doesnt sink in.

 

Any way if any body is interested in what the banks have STOLLEN from me in the last six years how about £2505 yes that's right £2505 if I broke into there bank and toke this I would get locked up.

 

So the fight is now well and truly on I can't remember the last time I was as fired up about something as I am about this.

 

Letter will be in the post Monday morning and i am not taking any less then I ask for (no deal). I will not adjust my time table to suit them in any way if they do not comply within my specified time they can get ready.

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Good for you and good luck!!

 

I had problems trying to work out the interest too - some people appear to have estimated (see other threads). I decided that as the amount I was claiming was relatively small it was not worth the effort to try to work it out. Yours would be worth a lot more so it's up to you really. Barclays have just agreed to meet my claim in full and I am sending my aceptance today so you CAN win!!!

.·:*¨

:-) ¨*:·. Blueberrys .·:*¨:) ¨*:·.

 

We are all in the gutter but some of us are looking at the STARS****

:roll:

 

If I've helped please click my scales !

:p THANX!!!

 

HalifaX PLC ***WON 24.11.06 - REFUNDED £666.94 after MCOL***

 

First Direct ***WON - REPAID IN FULL 3.11.06!!!***

 

Barclays ***WON - REPAID IN FULL 31.10.06!!!***

 

Lloyds TSB (Dad's) ***WON***14.05.07

 

 

 

 

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I am just about to do my preliminary request for repayment of charges and I am aware that I can't claim the 8% unless I take court action but would like to claim back the interest I have been charged on the money (EDIT) taken from my account.

 

I have spent the last three hours reading other posts and trying to make sense of the spreadsheets which I just don't seem to be able to make work.

 

Can anybody tell me which spreadsheet to use and explain to me in simple terms what to do. I have copy statements and I have also extracted from them the date nature and amount of every charge.

 

I don't want to loss any thing at all as Barcleys have (EDIT) £2505 from me without the interest they have charged me on the additional overdraft amount or the interest I could have got on the stolen money.

 

Now I know this is really cheeky but if any body knows how to do it and lives near to Sheffield any chance of you showing me for real.

Edited - Please refrain from the use of language that could be libelous

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This might help with the two types of interest. (click here)

 

As for the spreadsheet, you could try to use the "advanced" version. (here) But I'm afraid I have no experience of using the advanced spreadsheet. I worked out manually which interest payments I could reclaim, then just entered them as charges on the "simple" spreadsheet.

 

And, sorry, as you can see, I don't live near Sheffield - I hope you can find someone helpful nearby.

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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Thanks for the reply. I understand the difference between the 8% that I can claim if it goes to court and the interest I have lost on the money which I would have had if Barclays hadn't taken it. I just need help making the spreed sheet work as I am obviously doing something wrong

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I have now sorted how to use the spread sheet it simple really I think it was just me trying to hard. I am using Vampiress's no 2 spread sheet it is absolutely brilliant. I have entered my data and can change the amounts the interest rate and the dates at will and it all changes to suit. I haven't finalised it yet as i am going to claim my charges plus interest at there overdraft rate as that is what they would have charged me. I will get there interest rate tomorrow and it will be in the post Tuesday morning.

 

I must thank Vampiress for her brilliant spreed sheet it really is good.

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I have just got the interest rate on my account from barclays today they are as follows

 

Authorised overdraft 9.9%

Unauthorised overdraft 27.5%

 

Now I want to claim contractual interest at there rate and as they toke money which we now no they shouldn't so want to charge them 27.5% for the unauthorised loan they have had from me. The only problem is that takes the amount over £5000 when I put this rate into the spreadsheet.

 

Can anybody explain the complications if I claim this amount. If I put 9.9% in it is well under the £5000 and I understand this is easier to claim.

 

As you can understand I don't want to loose out on anything which is rightfully mine plus Barclays have already ripped me off enough and think its time they paid every last penny back.

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Allocation to track is, I believe, decided by the value of your claim before interest. So it shouldn't affect things which rate you ask for (if you word it carefully). Although contractual interest (as opposed to the 8% under the County Courts Act) can be added from the start not just at the court-filing stage.

 

Don't forget, on your claim, after stating your request for contractual interest, you need to add something like "Should the court find that this interest rate is not applicable, then as an alternative the Claimant wishes to claim interest pursuant to section 69........" That way you can't LOSE anything.

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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I have now sent the first letter asking for repayment of my charges. Posted on 26-Oct-2006 and have just checked the post office web site and this confirms they received it on 27-Oct-2006 and signed for it.

 

Claiming £2505 in charges plus £2726.42 in compounded reciprocal contractual charges (27.5% only fair that's what they expect of me) total £5231.42.

 

Wish me luck and I will keep you informed.

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Hi there lukemannion.

 

I simply used the branch address where the account is held. They forwarded to the correct place. If you know where your account was held I'm sure it would be OK for you to do likewise.

 

Good luck!!

.·:*¨

:-) ¨*:·. Blueberrys .·:*¨:) ¨*:·.

 

We are all in the gutter but some of us are looking at the STARS****

:roll:

 

If I've helped please click my scales !

:p THANX!!!

 

HalifaX PLC ***WON 24.11.06 - REFUNDED £666.94 after MCOL***

 

First Direct ***WON - REPAID IN FULL 3.11.06!!!***

 

Barclays ***WON - REPAID IN FULL 31.10.06!!!***

 

Lloyds TSB (Dad's) ***WON***14.05.07

 

 

 

 

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Hello lukemannion

 

All the info for contacts is in the contacts and links but this is the address you need

 

BARCLAYS BANK PLC

1 CHURCHILL PLACE

LONDON

E14 5HP

 

Seen it here as this is where they are registered with the data commissioner. Don't forget to send it recorded signed for and then go to www.postoffice.co.uk and use track and trace to confirm they have received it and the date received and print of a copy of the signature.

 

Have a good read of the FAQ and look round the site to see what others are doing and have done.

 

I know it is a bit confusing at first but you soon start to pick up what you should be doing and when.

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I have received a letter from Barclays today surprise surprise telling me they are sorry I am unhappy with my charges and a daft leaflet.

 

Letters says they will investigate fully then contact me as soon as possible but this could take up to 8 weeks.

 

Anyway if any body from Barclays is reading this as I know you must be unless, you are as stupid as you pretend to be you will be 4 weeks to late as I will have started court proceedings and that will cost some more.

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I have received a letter from Barclays today surprise surprise telling me they are sorry I am unhappy with my charges and a daft leaflet.

 

Letters says they will investigate fully then contact me as soon as possible but this could take up to 8 weeks.

 

Anyway if any body from Barclays is reading this as I know you must be unless, you are as stupid as you pretend to be you will be 4 weeks to late as I will have started court proceedings and that will cost some more.

 

Standard rubbish from them, just stick to your timetable as you say it will cost them more.:D

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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  • 2 weeks later...

Sent my LBA on Thursday 9-Nov-2006 which is exactly 14 days from the last letter and have included the following.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the office of fair trading upon the basis that you have failed to comply with the office of fair tradings direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

Has any body else done this is there a template for a letter on here and where do I send it (address of OFT)? I fully intend to complain to OFT if they don't pay up.

The clock is ticking and I will be outside the court on Thursday 23-Nov-2006 waiting for them to open as that is the day there time runs out before I start court action.

Barclays please note the boot is well and truly on the other foot now. I will show as much compassion as you have showed me in the past NONE.

 

 

 

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I am currently in the process of claiming over £5000 back from Barcleys. I will be starting court action on 23-Nov-2006.

I have a small overdraft with a limit of £140 which I have been reducing for a few months and they reduce the overdraft limit each month.

This month I have just slipped over the currently allowed £140 they have sent me a letter with a £30 charge which doesnt bother me at all as i will just add it to the spread sheet before I make my claim in court.

They have also sent me a letter demanding I pay back the overdraft within 14 days which again doesn't bother me as I will tell them to take me to court which would be great fun.

 

However I know they are now going to mess me about with my direct debits which cause a bit of a problem as i then have to sort out the s**t it causes.

 

Any ideas or help would be great.

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It might be an idea to open an account with a different bank, and then transfer all your DD's etc. That will put you in stronger postion, and will cause you less problems

Preliminary Letter sent to Woolwich 05/06

LBA sent 19/06

Court claim filed 04/07 : Total £824.75

Acknowledgement of Service 27/07

Defence received 08/08

AQ filed 11/08

Barclays AQ filed 05/09

Hearing date 20/12

SETTLED IN FULL £840.49: 14/12/06

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Open a new account, contact your DD payees and advise them that your are changing banks and there may be some disruption, but you will be able to resume payment once teh dust has settled. They will be more receptive to this if you advise them in advance than if you don't, well, some of them may play hardnose, but they would have done so anyway so you haven't lost out.

 

Got to be worth the phone calls/letters for peace of mind.

 

Vince

"Well, as through this world I've rambled

I've seen lots of funny men.

Some will rob you with a six-gun

And some with a fountain pen."

 

Pretty Boy Floyd, Woody Guthrie 1940

 

"Some things never change", Vince 2006

 

All advice given is based on my reading of others' experiences on this site. I am not a lawyer, nor am I a beagle, a grapefruit or a trampoline. I will not be filed, sorted, classified or parboiled. I am not a number, I am not an animal, I am the walrus (goob goob a joob)

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Been having fun with Barclays they have tried to get there overdraft back but rang them and reminded them that the account is in dispute. Never known a bank back down as fast also told me on the phone they had charged me another £30 but would put it straight back in my account didn't even know they had at that time.

 

Had a letter offering me gesture of good will etc told them to stuff it and would see them in court.

 

Now for the question I am filling in my N1 which I will be taking Monday. I am claiming reciprocal contractual interest from day 1 (Vampress sheet 2) can any body tell me do I fill in the section "value" and put 'more than £5000 but not more than £1500' or do I put £5344.04 in the box marked 'Amount claimed' I am unsure as I am claiming till the day of judgment or till the defendant settles so it isn't a fixed amount.

 

I have also put the following in my particulars of claim which i have prepared

 

Contractual interest of £2839.04 as set out on the attached list of charges plus £3.56 per day till judgement is made or the defendant settles the claim or at such a rate including but not limited to interest pursuant to section 69 County Courts Act, or for such periods as the court deems just.

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  • 1 month later...

I have gone through all the process and got to the stage of starting court proceedings.

 

Barclays had untill yesterday 03/01/07 to enter a defence so I rang the court first thing this morning and was told they received Barclays defence yesterday.

 

I then received a call from my wife to tell me barclays had rang and they need to talk to me urgently. I rang them on the number they left and the man that answered said Barclays banks so I assumed it was Barclays bank. After a very short while I realized something was wrong and when I questioned him it turned out he was actually from central debt collection services.

 

He informed me that Barclays had closed my account yesterday and issued a default notice as I was overdrawn by £179. I told him if they wanted the money take me to court. He declined my invitation and admitted that this would never happen.

 

Previously I had received a letter from Barclays dated 17/11/2006 which they called a termination notice but was just more threats. Further to that letter I received a second letter dated 01/12/2006 which again was full of threats including a threat of issuing a default notice. Upon ringing Barclays they claimed they where unaware of any dispute on the account and they where completely in there rights. I gave them the dates and there reference numbers from my pile of correspondence they then gave me a load of excuses about how they where a different department etc and told me to ignore the corresponce as it was there mistake and no action would be taken.

 

Upon ringing Barclays today after talking to the debt collectors they apologised said it was a mistake they would have the default removed straight away and reinstate my account and also said they would confirm this in writing

 

Does anybody have any comments or any advise? Have I done the right thing and do I need to do any more?

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  • 1 month later...

I have a court date for 11th April I have taken my court bundle to court and sent Barclays a copy which they received on the 21st (post office track and trace)

 

My question is should I ring them and if so when, who shall I ask for and what is there direct number or do I just ring there legal department?

 

Well it's actually 5 questions.

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