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mrabody

Barclays has been very very naughty.

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Hi there, how are you getting on with this?

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Would like to know where you with this?

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I've been overseas for the past seven weeks on family business.   Barclays is defending the case.   They recently demanded proof that I sent them the SAR when I said I did.  Luckily I always send these sorts of things 1st Class signed for so they got both proof of postage and proof of delivery.  They continue to explicitly refuse to provide me with some of the personal information I have requested.

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Forgive me for asking but what are their reasons for refusing to provide you with the info you want?

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They're claiming an exemption under Schedule 2 of the Data Protection Act.   Not applicable in this case as I pointed out in today's correspondence.   I put forward an offer to settle which would see them pay me less than I'm claiming and provide me with the personal data I have requested.   I've given them a little over two weeks to get back to me.  Given their solicitors' uncanny ability to misinterpret the provisions of the DPA, I expect this will keep rumbling on until it's passed to Counsel, or goes to a hearing.

 

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So I've had a response from Barclays' solicitors to my offer to settle.   It's a big fat no.  They absolutely refuse to hand over the personal data I have requested but are willing to entertain reasonable offers.   I wrote back telling them that they can't buy me off for a couple of hundred quid and that having professed a wish to settle they need to pull  their fingers out and make an offer I can accept.

 

But wait it gets better.   They also sent a letter saying they've complied with their duties under the GDPR and that the allegations I made in my pleadings are no longer applicable and that I've brought new allegations into the claim which require my pleadings to be amended.   Except the two things they claim are new are right there in black in white  in my Particulars of Claim.   I don't know whether it's sheer incompetence and inability to read and comprehend legal documents or whether they think that as a litigan-in-person I could be easily bullied into dropping the claim but needless to say I've set them straight on this matter.

 

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Yesterday I received a letter from HMCTS offering mediation.  I was going to agree but I think given the total gulf between the two parties I'm going to tell them there's no point to it.

 

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