ELVIS THE KING V Barclaybootboys

[bsia666]

Prelim letter + estimate of charges will be off tommorrow (rec del).Will look for letter template for complaint.

Edited May 19, 2009 by bsia666
update

[bsia666]

Cancel the letter tmoz as Alanfromderby has advised that they will defend in court. I will wait for my statements to arrive as they must.

Edited June 4, 2008 by bsia666

[bsia666]

I am just off the phone to Bcard as I was interested to hear their response to my questions on the Information Commisioners judgement on Micro system and how it would affect my S.A.R - (Subject Access Request) (SENT 44 DAYS AGO)........I spoke to a pleasant gentleman who advised me that a "Carl Nuttal" would phone me tommorrow, LOL - if you are reading this Carl dont bother!!!!!. I m in the process of writing out my complaint to the I.C.O and am sending pre lim with estimated charges (appox 30 X £60) rec del...............IM OFF on leave till the 8th of Jan so will be dedicating time resources towards this.

Edited June 4, 2008 by bsia666

[bsia666]

I hope you like Elvis as Im going to keep this theme going till I get settlement.

Edited June 4, 2008 by bsia666

[bsia666]

Carol Jones (customer relations) has just told me that my statements pre 2004 "will be sent to my home address" :o - hope so!!......................I had a few questions for her,but they were not required.

[tuffjam]

So, can I get this right - have you sent a SAR letter? Or did you cancel it and just phone Barclaycard? If so, do you have the number for this Carol Jones woman as I'd be interested in speaking to her to get the statements from my closed account where all the activity took place pre-2005.

 

Cheers. Uh huh huh.....

[bsia666]

Hi Tuffjam, my SAR was sent on the 18th of October. I have been waiting for the Information Commissioner to make some kind of ruling or judgement on Barclaycards Microfiche system.I have now looked at the threads which make it clear that he or she has ruled that it is a relevent system.

So I thought I would try a phone call to customer services,after a short wait I was transfered to Carol Jones,I identified myself and asked her to send my statements from 2001 (when opened) to 2004 (like most people i recieved from 2004-2006)..............I know its sounds unlikely that they will send me the 2001-2004 statements but she did say it!!...........I did not get to the immpression that she was being obstructive - in that she would be telling me porkies or misleading me. I can only suggest that you ask to be put through to Customers Relations(probably 9-5) and ask to speak to her...........you never know they may be dealing with their account holders SAR in a lawfull manner.

Edited May 19, 2009 by bsia666
update

[bsia666]

I am sure I have heard her name mentioned before on here.

[tuffjam]

Hmm, interesting.....Thanks for the info. I'll try sending the SAR first of all but if they start playing silly buggers I'll go with your suggestion. Good luck with your claim.

[bsia666]

I'm just off the phone to customer relations and a young lady has confirmed that my missing statements from 2001 to 2004 were ordered by Carol Jones on the 8th Nov (xmas post is to blame for delay she advised) and will be with me soon.

Edited June 4, 2008 by bsia666

[bsia666]

For anybody thats is interested in the name of the Data Controller for Barclaycard its...................Adrian "WHALLY" , yes his surname is Whally , you could not make it up. I am just off the phone to find this info from Customer Relations Dept as I will be making a complaint now.

 

I WAS TOLD that since the Info Comm made his ruling they have been very busy (surprise)...............he told me I had to wait a max 31 days from MY communication with Carol Jones (08.12.06) for my statements to arrive, when I spoke to her they were already 10 days over the alloted 40 day period.

 

Happy xmas all.

 

William

[bsia666]

On Fri the 4th of January I sent a letter to Adrian Whally informing him that I was taking legal action to force his company to comply with Data Protection Act, I also said that his name would be given to the judge as the Data controller for Barclaycard...............LO AND BEHOLD the copies of the statements arrived by post this morning, thats something like 80 days to comply with their legal obligation.

I dont know if it nudged them a little to tell them I was going to court, perhaps I got them quicker ??

No way am I letting them away with this without some kind of apology............shabby indeed.

At least I can do the pre-lim letter now

HND

[lorwiggins]

Hello Elvis!

 

I have just started the ball rolling against Barclaycard, and I was told I had to pay £3 per statement earlier than 2004, and that in any case I have to put it in writing. I told them that I would be, and i'd be telling them how they were wrong in writing as well. Wooops! Shouldn't get shirty, but having read everyone elses problems on here I didn't even need to make that call to know what the monkey was going to say!

 

Good luck with your claim, i'm taking inspiration from you for mine, so I damn hope you take them to the cleaners!!

 

Much uuuhh-huuuuum love,

Lorna.

[bsia666]

Just watched the Whistleblower programme and I shall be up for another few hours completing my letter request for rerfund of charges.

 

I am disgusted with Barclaycard...........

 

THEY ARE A COMPLETE DISGRACE..................It reminds me of a quote from an American hotel heiress (she went to jail for tax evasion) "only the little people pay taxes", it was this quote which sent her to prison, as the jury were rightly disgusted by her superiority complex.

I have been busy with other claims but this has annoyed me so much.

 

COME ON THE LITTLE PEOPLE.........FIGHT BACK

 

Its your cash they have.

[bsia666]

£1072.42................PRELIM OFF tmoz. Nite nite.

[bsia666]

I recieved a letter from Mercers (their agents I think)...............they advised me that a default notice had been served on this account.

 

I have written and posted my reply today.

 

My reply goes like this....................

 

My name and addy

 

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY !!

 

Your client owes myself appox £1078.

I dispute this account.

I will pursue this matter through the county courts if neccessary.

I request you advise your client accordingly.

I request you remove the default notice

[bsia666]

I will be able to devote resources to this claim now after spending a lot with my A&L claim.

 

I am thinking about using the FOS with this claim before I start with court proceedings. I have claimed successfully through the MCOL service for my A&L bank charge claim but dont know if its advisably any more to use it.

 

Does any one still use the MCOL service for Barclaycard claims??

 

I live in Scotland and my claim is for appox £1k so my choices are limited in Scotland, I would have to employ a lawyer (I think) to work for me in a Scottish court claim.

 

William

[bsia666]

I have recieved a card thru' my letterbox from Calder Financial which gives an 0845 No to call .

 

I am assuming that it is the old Barclaycard reps - (Mercers) in disguise.

 

I will phone them tonight, I am assuming they are starting to chase me up about this account.

 

I have just looked and have found all my statements, the copies of letters, reciepts and post office tabs from my original claim, they relate to the return of the unlawful charges added to my BC account............

 

Thanks for having a look see at my thread.

 

BK

[bsia666]

Just off the phone to Neil at Calder Financial.

 

I took his name,marked the time of the call (16.16) and informed him that I was taping the call.

 

He went thru' the details stuff............

 

He was articulate and professional which was refreshing, I listened intently for any chink/weakness in his "company speil"...........

 

After about 15 mins I made him aware of his responsibilities under the Harrassement Act (I have already told his company in 2007 not to harrass me as the account is in dispute) at which point he told me not to do his job, his manner was still controlled.

 

He then asked me about specific details about the account, I then realized that he was looking at the account in detail................

He then said that BC were not dealing with it directly and had passed over the "entire" account for Calder to chase up (not his word).

 

I informed him to tell his client that the account was in dispute and to desist from contacting me further regarding this matter.

 

Then came my moment.................

 

His words were "Barclaycard have passed over all the information to us and there is no record of the reasons why the account is in dispute".I informed Neil that I have copies of all the letters I have sent to BC (pre-lim, schedule of charges et al) and i told neil that BC should have sent this to them.

 

I then asked him for the name of the Data Controller for his company AND there AT LAST after 25/30 mins of an 0845 number, I HAD HIM...............

 

He said "we don't have that"................

 

I said "you do"..............

 

It may be a secretary, but, somebody is respondsible for data control.

 

He put me on hold and I put the phone down.

 

 

As with all things relating to the refunding of charges my absolute thanks go to all the CAG members.

 

WK.

[bsia666]

I will now attempt to contact BC.

 

I am in the midst of a refund charge Tnunami.

 

I hope this will be resolved sometime.

 

WK

[slick132]

Hi Bsia,

 

From reading your thread, it looks like you didn't follow through with your claim against BC and reclaim their charges.

 

If Calders Financial now OWN the debt, they are the ones to pursue for the refund of any charges. But I wonder if they are only chasing this ON BEHALF of BC.

 

You need to establish who now owns the debt, and send them a new Prelim Letter with an updated SOC reflecting charges incurred in the last 6 years.

 

If you don't have up to date info on charges and suspect some may have been added recently, send BC a SAR.

[bsia666]

Thanks for looking by slick,

 

I did phone BC and they do not have the letters that I sent them (still have rec del tabs) in 2007. I did not ask but I was told that my BC account was now being handled by BC.

 

I will contact them (BC) again with a SAG and establish if any other charges have been added since 2007.

 

I will also sift through the other BC threads again and get up to speed (as much as I can that is) with BC............

 

Can anybody advise if I should send an updated Schedule Of Charges with the additional interest or just keep my claim to the original sum ??

 

I was off ill in early 2006/7 and I spent hours an hours for months on the CAG A&L forum, receiving help, and giving what assistance I could.

 

I found it extremely stressful being a litigant in person for just a single claim !!. I did get an out of court settlement from the A&l, just as the Court stays were being implemented. I hope I can see this one (claim) out now without too much hassle.

 

Thanks - William.

[slick132]

Hi Bsia,

 

A claim against BC should be simple now. Unless you are claiming contractual interest, they'll repay without you having to even file at court.

 

Do you not have statements covering the time since you made up your last SOC. If not you must send a new SAR with the £10 fee.

 

You'd need to update the SOC in any event to remove any charges which are now over 6 years, include any recent ones and to update the interest. Although you'd only claim the s.69 interest if you had to File a claim at court.

 

If you keep the claim moving this time, you should be paid in time for summer hols pocket money.

[bsia666]

Do you not have statements covering the time since you made up your last SOC. If not you must send a new Subject Access Request with the £10 fee.

I have not got any more statements since 2007. I will send a SAR.

You'd need to update the SOC in any event to remove any charges which are now over 6 years, include any recent ones and to update the interest. Although you'd only claim the s.69 interest if you had to File a claim at court.

I still intend to claim from 2001 as I began this process late 2007, do you think I will be able to do this ??

 

If you keep the claim moving this time, you should be paid in time for summer hols pocket money.

Thanks for your help

 

 

 

 

I spent last night looking thru' the stickys and a lot of threads. I looked at all the letters I have from BC and the ones that I have sent.

 

I sent BC a Request For Payment Of Charges letter on the 20.03.07, the charges were for Period 12.10.01 to 28.12.06. That was the last letter I sent them. I really was not well enough to go to the next stage (LBA) at that time. Moving forward with my claim is not as straight forward now though (I think) ...........

 

1- As I live in Scotland just now it would be easier (for travelling and travel costs) to use the Scottish Courts to proceed with my claim. In 2005/06/07 I recieved a lot of help from the CAG members on how to use the English Court system. This was the only reason I was able to succeed against The All & Leic. But there seems to be a lot less replies to posts nowadays due to the ongoing High Court case and the problems with "stays".

 

2- There are time barring limits for issuing claims which will affect how I proceed. My assumption is that I can proceed with a LBA to BC which is appox 2yrs and 2months after I sent them my original Request For Payment Of Charges.

Can I still claim for charges from 2001 as I began the reclaiming proccess in 2007 ??

 

 

I looked at my credit report and BC have entered a default entry on the 10th of may 2009, here is part of the entry.................

 

BARCLAYCARD Credit card / S... Default £612 10/05/2009.

Started:30/08/2001

 

 

Cheers - William

[slick132]

Hi Bsia,

 

Re your comments in red above:-

 

Yes, send SAR to get the missing statements.

 

Re Statute of Limitations (6 year limit), see below.

 

Re your numbered points:-

 

1. Reclaiming charges from BC is relatively easy unless you claim contractual interest, or you claim beyond 6* years. Because you failed to follow up the claim you started before, I think BC will refuse to repay the older charges (*over 5 years in Scotland, I believe).

 

If you want the older charges back too, you may need to file your claim at court and include the Limitations arguments in your evidence.

 

3. Because the Default Notice would have included unlawful penalty charges, you can argue that the DN was factually incorrect and insist on the removal of this from your CRA records.