barclaycard sar shows charges - now what?

[davidoneman]

Hi i sent a sar to barclaycard , i have just recieved there response , all they have sent is copy statements , now are they supposed to send me everything they have on file , like , default notice , signed agreement ? i wish i had kept the default notice but at the time going thyrough bad time and just ripped it up , many thanks

[letsdothis]

Write back and ask them to supply all data that you requested under the SAR - You could reply with this template amended to state that you have already sent the £10 on DATE

 

 

Dear Sir or Madam,

 

Formal Request under the Data Protection Act 1984 and 1998, and including the Right of Subject Access

 

I understand that you currently hold details of my personal / financial information within your internal record systems with regards to:

 

Account number: XXXXXXXXXXXXXXXX

 

Please supply me with complete details of all data held by yourselves, in regards to myself within your organisation, including, but not limited to:

 

1. Full copies of all contracts that you believe exist or have existed between myself and your organisation, including true copies of any documents you hold in support of the same.

 

2. A complete list of all transactions or statements relating to ALL accounts held by me with your organisation.

 

3. Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

 

4. Full copies or transcripts of any computer logs or database records kept in relation to me or in relation to my personal / financial information.

 

5. Full copies of any and all correspondence in postal, email or any other format that you have entered into with any individual, organisation or third party which contains my personal / financial information, or which pertains to me.

 

6. Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data

 

7. Full hard copy print outs of any of my personal / financial information held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

 

8. A copy of all telephone recordings are to be provided on a CD.

 

9. Full disclosure of all commissions or payments made or received by your organisation from / to any insurance provider.

 

Such submissions from yourselves, that the relevant data is now only held on Microfiche in date order and can only be provided at extra cost is unacceptable as it implies that such data is nonetheless retrievable.

 

I enclose the statutory maximum fee of £10.00 to access ALL data held by your organisation about myself.

 

You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request could result in an investigation by the Information Commissioners Office. You have 40 days in which to comply.

 

If you are unable to deal with this request, you should immediately forward it to the person within your organisation responsible for Data Protection.

 

I look forward to hearing from you in the first instance by acknowledgement of this letter, and a full response within the above designated time scale.

 

Yours faithfully,

[slick132]

Hi David,

 

Adapt the letter above to say you have received what you consider to be an inadequate response to your SAR. Point out any items you specifically require.

 

You shouldn't have to do this but it may help you get the documents you require.

 

Have you reclaimed all penalty charges from BC yet. If not, you can do so, reclaiming the full penalty amount plus interest.

 

[davidoneman]

just having a quick look through the statments ive noticed afew £20 over limit charges and some £12 charges can these be claimed back , also ive sent barclaycard a req for the signed credit agreement last year still not recieved one and they keep getting different debt collection places asking for the money, cheers for help

[letsdothis]

ive noticed afew £20 over limit charges and some £12 charges can these be claimed back

 

Yes all charges added, late fees, over limit fees.

[davidoneman]

will i still be able to claim even though im not paying as not been supplied with a signed agreement , cheers dave

[letsdothis]

When I claimed mine back from Barclaycard, I sent them a SAR asking for a list of charges.

 

I then sent BC a letter asking for the charges back with interest.

 

Barclaycard then ignored this letter.

 

I sent an LBA giving them 14 days to repay the charges, they wrote back saying it would take 4 weeks. After 4 weeks they wrote again, saying it would be another 4 weeks. After the second lot of 4 weeks, they wrote to me and refunded all the charges, above £12 and at £12 and added the interest at 8% - However, they deducted this amount off what I owed. I then paid the remaining £100 balance off in full, clearing my debt to them.

 

Until my final payment of the £100 I had not paid Barclaycard a penny for about a year or so. The account had been passed to a DCA and I had never made any contact with that DCA, nor had I CCA'ed BC or the DCA

[slick132]

Hi David,

 

As stated above, you can reclaim the full amount of every penalty charge. To maximise your claim, seek interest in restitution on top. Read up on this in the Interest Tutorial at Link No6 in my signature.

 

If the a/c is behind on payments, they will apply the refund to reduce the balance. However, if you have to file a court claim against BC (because they don't refund the higher interest voluntarily), you may be able to get a direct repayment.

 

Read other threads and you'll find other similar cases.

 

[davidoneman]

hi i sent barclaycard a request fr signed agreement i have not recieved , so my question is i have got around £250 worth of charges ( i have stopped paying barclaycard due to no agreement ) do they have to pay me the charges or can they take it off the money they say i owe ?

many thanks

[letsdothis]

They will credit it off what you owe them, afaik - They did with mine. But I never took it to court, I just waited for them to reply.

[slick132]

Hi Davidoneman,

 

Best course is to reclaim the charges and seek interest in restitution on top.

 

This should increase the amount you claim significantly, particularly if there are older charges on the a/c.

 

Read other threads here to see how this is done.

 

[rebel11]

Hi davidoneman

 

Spreadsheets and Templates are found on this site.

Barclaycard generally pay contractual interest.

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/118-interest-calculation-spreadsheets

[slick132]

Barclaycard generally pay contractual interest.

BC usually refuse to pay contractual int't, but back down when you have issued court action and have submitted your court bundle in accordance with the court's Directions.

 

If you don't want to get involved in court action and are prepared to settle for a refund of just the charges, BC will refund these with little trouble.

 

[davidoneman]

Hi

 

 

I had a barclaycard over 7 years ago ,

at the time I got into some financial trouble and got some late fees of £20 and some £12 adding upto around £230 .

 

 

They didnt have a signature and at the time told on here it would be unenforceable

stopped making payments that was around 7 years ago .

 

 

Would I be able to claim these charges back now or would it open the account back up ,

 

 

also what interest would i charge if I could claim ,

I also have a couple of other accounts the same situation just different amounts, cheers

[slick132]

Hi DOM,

 

You could seek a refund using court action as done by others here in the past.

 

But if the a/c had an unpaid balance and it's still held by BC, any refund and associated interest would be applied to the o/s balance.

 

If the a/c was sold to a 3rd party, theoretically you could insist on a direct refund.

However, BC's sol's are likely to re-purchase the a/c from the 3rd party.

 

Can you confirm the approx balance that remained on the a/c.

 

[davidoneman]

Hi

if thats the case theres no point the amount would be no where near the amount on the account ,

 

 

another one I have though was sold from mbna to hillsdens which i paid hillsdens and settled the account

 

 

in that case would i be best sending it to mbna as the account has been settled ,

 

 

what interest do you add to the fees or do they add the interest , cheers

[slick132]

Hi DOM,

 

Depending on how old the charges are, the effect of compound interest can be very significant.

 

Best way to see if a reclaim is worth it is to put your penalty chgs data on a compound interest spready using 19.9%. Let us know how THAT looks.

 

See here for an example thread that should have all you need to consider your options - http://www.consumeractiongroup.co.uk/forum/showthread.php?453389-Barclaycard-Default-Notice-Removal-**Claim-settled-(probably)**&p=4801374&viewfull=1#post4801374

 

[dx100uk]

three old threads merged

shame you didn't do it years ago when you asked twice and were told what to do.

[davidoneman]

Hi with the barclaycard the balance was around £7000 so if I did it before it would just take it off the account balance like it would now so theres no point , with the mbna one now that it was sold to hillsdens and now settled the money cant be taken off the account balance as its been settled . with this theres £204 of charges and £906.15 of charges with interest at 19.99 % total £1110.15 .

[slick132]

Hi DOM,

 

Agreed - the reclaim from BC is probably not worth doing.

 

Seek advice about trying the MBNA reclaim in the appropriate forum.