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    • For longer version and more details, please read above: Here is the short version: In late July: I hired "Decor Developments - Painters and Decorators in Lincoln" to do the work in my house.  The work includes painting of the ceiling and walls in the house, and also fixing a ceiling of the extension. The whole job was £4650. In early August: The work began, and took 2 weeks to finish. I paid the full amount with direct debit bank transfer when the job was almost all done. In late August: There were cracks and bulges appeared at the ceiling they fixed, I had to call them up twice, they fixed twice, but one crack is still visible today (19 Oct). The guy who fixed it, left behind some paint, and it was not Crown paint that they said they used. 30th Sep: It is found that the paint can be washed off, just by gently rubbing it with water using fingers, and the paint could be seen dissolves on fingers. This issue is found in all walls apart from the walls of the kitchen, dining room, main bathroom, also found in all ceilings of the house (including the ceilings of kitchen, dining room, main bathroom) Also found that the paintings were poorly done in some areas. 5th Oct: Finally able to get hold of the director of Decor Developments. He stated this is what he meant about non-wipeable paint, (in which I had no memories we had such conversation) He said has painted a hundred houses like that, its a standard paint to be used in all new builds in England, etc. The fact that he didnt state what kind of paint to use in the quote, means that it is entirely up to him to use the cheapest paint possible. He was very rude, hung me up at some point, eventually only agreed to send someone to repaint 1 small bathroom and 1 small toilet on Sat 9th Oct, and no more. He wont guarantee anything about keeping my brand new carpets or other surfaces clean.  The same day I called up citizensadvice, also found a trusted trader for advises. The director of Decor Developments told me to stop wiping the walls, cause Ill be damaging it, and that there is no such thing as primers for walls (which there obviously is). (this is in text messages) 6th Oct: The director of Decor Developments refused to explain why they are not performing a proper fixing (2 coats) for the 2 rooms he promised to fix, ignored my messages about that there is still a crack at the ceiling of the extension, and threatened to send no one on Saturday if I continue to text message him. 7th Oct: I sent a formal complaint letter through email to Decor Developments, stating Consumer Rights Act 2015 in the letter and mentioned that he can continue to perform the fixings that he is going to do on 9th Oct, also stated about what other things I request, asking him to reply me in 14 days. 9th Oct No one came, Decor Developments stopped communicating with me. 10th Oct I paid for a trusted trader to look at the house, he tested the walls (using a car washing cloth damped with water, wipe the walls left to right for around 10 times, and the paint would come off) and he pointed out different issues with the poor, unprofessional workmanship performed by decor development, and also the unsuitable paint for redec being used. He later sent me a report about it. 14th Oct Another trusted trader came to look at the house, stating the poor workmanship done, and cheap, inappropriate paint being used.  By 19th Oct I now have 2 quotes for the paintings for the ceilings and walls. 1 quote for fixing the ceilings. I would like to know, what else should I do next? Is it likely for me to win the small claim case? I really need some help and advises here.
    • So that's their reason for letting the claim become stayed...whilst they corrected the errors in the paperwork to meet the compliance guidlines. Its not really something you can use to your advantage or be part of a defence.     Your comment above really concerns me in that you still do not understand the process of issuing a court claim...so again there is only one claim ...no earlier claims no secondary claims...one claim that was stayed then lifted then judgment applied for and then set a side.   One claim one claim number.
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    • Yes, I see what you mean. My interpretation of law is a bit shite, sorry.   I got it from part of the claimant's bundle below - this was when we first got knowledge of the earlier claim that I posted on here a while back.   REMIDIATION AND APPLICATION TO LIFT STAY 16 Following the Claim being issues, the Claimant became aware that the account required CCA remediation with regards to required data corrections, replacement Notice of Statements in Arrears and/or Annual Statements to ensure they met compliance guidelines within the Consumer Credit Act (1974). 17 The matter was placed on hold until remediation was complete but was one of approximately 40,000 cases affected by these issues. 18 Letters were issued to the Defendant on 27 March 2018 and on 2 April 2020 to invite the Defendant to reach payment arrangement without the necessity for continued legal action. The Defendant failed to engage with the Claimant and so an Application to Lift the Stay and obtain Judgment was made and granted by the Deputy District Judge Wilson on 9 November 2020. A copy of the Application and Court Order as exhibited at ‘pages 18 – 21 of SR1’.
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Microfiche Success with Barclays?


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Hello All,

 

Sorry to get your hopes up.. I'm not posting about a success, rather i am asking if anoyone has had any success.

 

So many people on this site are coming up against the microfiche brick wall and i trawled through the posts but no body seems to have had any success. (although there are loads of people who have claimed against Barclays - how did they do it....?)

 

What should i do next...? I am not going to throw in the towel, i just need to know what the next step should be.

 

The 40 days of the S.A.R - (Subject Access Request) have not expired yet so i have been thinking about my options - Do I:

 

1. Send a letter to them asking them for the information again? Any templates anywhere?

 

2. Wait until the 40 days are up and estimate my charges and continue as normal?

 

3. Contact the information commisioner with a copy of the Bcard letter and wait? (do i also send a copy of this letter to Barclaycard?)

 

4. Scream...

 

Does anyone have a good template letter to send to Barclays? Not including the Smith vs Lloyds as i think this has been proven not to work. Also the Abbey case seems not to work as Barclays claim they use account numbers where as Abbey use account name.

 

The problem i have with estimating is that i know most of my charges originated when i was at university (2000 to 2004) so if i estimate based on my 2004 to 2006 statements then i will be significantly underclaiming...

 

Help please...

 

Kind Regards,

 

John

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We are awaiting the IM's comments after he raided Barclaycrud last week. Hopefully his opinion will be the same as his opinion of Abbey's microfiche argument.

 

His opinion is that it was non-existant and that microfiche storage of data is as relevant as data held on computers.

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I'm in the same microfiche boat as the rest of us Barclaycrud customers awaiting the 40 day deadline to pass. Once it passes I'm gonna do the complaint thing to the IM and start court action under DPA non-compliance regs, quoting the IM's judgement of Abbey.

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Cheers for the reply noomill060, It's good to know other people are in the same boat.

 

Have you thought about making an estimated claim?

 

Question for all - Has anyone had any success with making an estimated claim?

 

John

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  • 3 weeks later...
Cheers for the reply noomill060, It's good to know other people are in the same boat.

 

 

Shuffle up, as of today I am also in the same boat. I got my letter regarding their Microfiche system today.

 

Y

Credit Cards

Barclaycard -WON! Amex - WON! MBNA (x2) - WON!

Mint - WON! Monument - WON! Morgan Stanley - WON!

Egg - WON! Halifax - WON! Sainsbury's Bank - WON!

Citi Cards -WON!

 

Banks

 

08/06/06 Claim against NatWest started.

01/11/06 Case Closed :)

 

08/06/06 Claim against Halifax started

24/08/06 Case closed :)

 

 

Visit my forum: http://www.planet-watch.org/forum

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Yep and I'm another with the "no... you can't have them....there mine" microfiche letter. I tried to send a 2nd letter with some cocky little comments and legal quotes in it but that did'nt work either lol

My feelings though are that in their letters Barclays state that they are prepared to send copy statements from customer services for £3 each.... so my opinion is that if they indeed have the info in this format then surely that is a "relevent filing system" and should be covered by the data protection act.... would'nt it ??? Therefore the £10 max fee should apply.... and we should all have 6 years worth of account history.... swerving the microfiche argument altogether.... MOD's your opinion on this would be well recieved also.....:confused:

 

MrP

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Me to same position!

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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In the same boat aswell!

 

Got my letter on Saturday! Is anyone claiming for what they have currently?

Kingliam

:!:

 

On behalf of the Ginger one

Lloyds TSB - 1ST 12/07/06-LBA 26/07/06-MC-14/08/06-Court-31/01/2007

Halifax - D P A 02/10/06

On behalf of MumKing

Barclays Bank D P A 29/08/06

 

On behalf of DJ Sunny

Alliance & Leicester D P A 29/08/06

 

On behalf of GrandmaKing

GE Capital D P A 30/10/06

Barclays Bank D P A 30/10/06 - 1ST 15/11/06 *Microfiche [problem]

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What is the general consenus on this? What is the the way forward?

 

Has anybody actually had any success in getting Barclaycard to

"cough up*? If so how did you secure your 6 years of statements?

 

Y

Credit Cards

Barclaycard -WON! Amex - WON! MBNA (x2) - WON!

Mint - WON! Monument - WON! Morgan Stanley - WON!

Egg - WON! Halifax - WON! Sainsbury's Bank - WON!

Citi Cards -WON!

 

Banks

 

08/06/06 Claim against NatWest started.

01/11/06 Case Closed :)

 

08/06/06 Claim against Halifax started

24/08/06 Case closed :)

 

 

Visit my forum: http://www.planet-watch.org/forum

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I will join the gang too. Maybe a bit luckier as I have most of my statements for two accounts for the last 6 years, just a few gaps, but those were the statements with charges that i ripped up and threw away in exasperation!

My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

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Whats the official word from the CAG on the Barclaycard microfiche delaying tactics?

 

So far I have spent another £10 and got almost no statements. :(

 

Y

Credit Cards

Barclaycard -WON! Amex - WON! MBNA (x2) - WON!

Mint - WON! Monument - WON! Morgan Stanley - WON!

Egg - WON! Halifax - WON! Sainsbury's Bank - WON!

Citi Cards -WON!

 

Banks

 

08/06/06 Claim against NatWest started.

01/11/06 Case Closed :)

 

08/06/06 Claim against Halifax started

24/08/06 Case closed :)

 

 

Visit my forum: http://www.planet-watch.org/forum

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another route to this microfiche crap is to question wether or not this method of processing is actually legal.

 

In a nutshell, BarclayCard have destroyed personal data at least twice (including backup) by removing it from a computer system. They have modified data by changing its structure into 'date order' in order to move it to a microfiche. They have done all this without explicit consent. They have done this form of processing without following the the conditions of processing (first principle of Data Protection Act) making it legally unfair.

 

There are probably others that i don't know about. Im researching this and am about to send my next letter

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Barclaycrud's 40 days ran out today. No reply to the CCA s.77 request.

 

OK Barclaycrud, if you wanna take the ****- you're on. I can do it better and Ive nothing to lose, so nothing you can take.

 

**Drops sensible 43 year old persona, revealing the long suppressed teenage punkrocka with more vindictive bile and attitude than Sid Vicious at a Conservative Party conference during a speech by Mrs Thatcha**

 

Now wez me Vivien Westwood Pistols T shirt (Ebay value £400) , tartan bondage jeans dayglo purple socks and yellow brothel creepers

 

Oi-you lookin' at me, Townsend? Giz me statements or I'll-I'll-I'll-errrrrr......

 

 

 

 

 

 

 

 

 

 

 

 

write a really nasty letter to the Information Commissioner!

 

 

Anarchy for the UK- its coming sometime- maybe!

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Me too, a bit ****ed that they could not supply those statements, I will wait the 40 days and issue a complaint to the Info Commissioner.

Kingliam

:!:

 

On behalf of the Ginger one

Lloyds TSB - 1ST 12/07/06-LBA 26/07/06-MC-14/08/06-Court-31/01/2007

Halifax - D P A 02/10/06

On behalf of MumKing

Barclays Bank D P A 29/08/06

 

On behalf of DJ Sunny

Alliance & Leicester D P A 29/08/06

 

On behalf of GrandmaKing

GE Capital D P A 30/10/06

Barclays Bank D P A 30/10/06 - 1ST 15/11/06 *Microfiche [problem]

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Ive just recieved same response with stats only going back to 2004.

If I buy the extra stats at £3 each (quite expensive!) can I claim it back? Has anyone else done that?

[sIGPIC][/sIGPIC]

 

NatWest £4940 with contract interest prelim sent 13/11/06

Recieved first bogoff letter 18/11/06

HSBC £320 with contract interest, prelim sent 12/11/06

 

Natwest Visa £825 with contract interest, prelim sent 15/11/06

 

Barclaycard S.A.R - (Subject Access Request) 7/11/06

 

MBNA S.A.R - (Subject Access Request) 7/11/06

 

Shell Visa S.A.R - (Subject Access Request) 15/11/06

 

Amex S.A.R - (Subject Access Request) 7/11/06

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:D My view on this is..........

 

1. If they can supply copy sttatements for £3 each then the info is easily accessed in a "relevent filing system" regardless of this microTHICK bull **** !

 

2. If the OFT ruled that the Abbey MicroTHICK system was such then obviously ALL other high street banks should come under the same ruling because it the same software/database system

 

3. Most importantly..... Hackers75...... your 40 day notice on the 2nd December deadline is not the most inportant thing happening..... Tis my B'day !!!!!!!!!!

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Is it better just to pay the £3 for each stat and just claim the cost back in the claim?

[sIGPIC][/sIGPIC]

 

NatWest £4940 with contract interest prelim sent 13/11/06

Recieved first bogoff letter 18/11/06

HSBC £320 with contract interest, prelim sent 12/11/06

 

Natwest Visa £825 with contract interest, prelim sent 15/11/06

 

Barclaycard S.A.R - (Subject Access Request) 7/11/06

 

MBNA S.A.R - (Subject Access Request) 7/11/06

 

Shell Visa S.A.R - (Subject Access Request) 15/11/06

 

Amex S.A.R - (Subject Access Request) 7/11/06

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I have made a claim through the courts based on an estimate. When filling out the allocation Questionnaire there is a box for you to fill asking what you need from the defendant (Barclaycard). I put I need the statements from 2001 - date, and the Judge has ordered Barclaycard to give them to me (obviously FOC)

 

Saved myself a lot of time and money this way

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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i have had the letter today, telling me that their "computer system does not allow them to print out transactions on your account to date" but as it is microfiched o can have statement copies for £3 per copy!

i will send the letter used at Abbey to rebuff their request for extra money.... they have had enough from me for the last 2 years in charges so here goes....cough up barclaycard... or else I'm a coming

I hope they read this, as i am serious

:-x

:p
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