Maxine V Barclaycard. **WON**

[maxine989]

No email from Ruffnuts as yet...

 

So I sent him a little reminder:

 

'Dear A****n ****head.

 

Do you have any news from Barclaycard on the 'fairly simple explanation' regarding the blank statements?

 

If the actual statements are difficult or impossible to reproduce, then a list of transactional data for that period would suffice to comply with the data request.

 

I look forward to hearing from you as soon as possible.

 

Maxine989'

 

odds on a response today?? (considering he was supposed to get back to me yesterday)... zilch probably.

[Josie8]

Lol! I think you have him cornered........................ :p

[maxine989]

Anyone got any ideas where I can get a copy of the Data Protection Act for my court bundle?

 

I've been doing google searches, but I can't seem to find a copy of the actual document that explains what it is???

 

Will keep looking...

[MARTIN3030]

Data protection act ; try this

 

 

Data Protection Act 1998

 

 

I am doing some answers to the other questions you asked.

Lets see some others posting thoughts and ideas too !!

[maxine989]

Data protection act ; try this

 

 

Data Protection Act 1998

 

 

I am doing some answers to the other questions you asked.

Lets see some others posting thoughts and ideas too !!

 

Ah that's great Martin... just what I was looking for, especially in PART II RIGHTS OF DATA SUBJECTS AND OTHERS.

 

No email from Ruff nuts today. I'm not surprised though...

 

I shall plod on with getting the bundle ready to send and also wait to hear back from the FOS.

 

I will look to hearing your ideas regarding my other queries.. Thanks again.

 

maxine

[maxine989]

In today's post... Responses to my letter of the 12th June (& emails of the 20th) from Adrian Ruffhead and from HQ (John Varley's office)... both very disappointing

 

First from Ruffnuts...

 

'Further to previous correspondence and your e-mails of 20th June, I can reply as follows;

 

1. Account *** **** **** 1004 (also known as **** **** **** 9005)

I understand that you state that copy statements for May 2004 - Nov 2005 are not true copies because they show zero balances. The reason you say this is because a set of copy statements sent to you from the Barclaycard S.A.R - (Subject Access Request) team showed different balances.'

 

Not once have I ever said to Ruffhead that I had a set of 'correct' statements from the S.A.R - (Subject Access Request) team. I even sent an email on the 20th which reiterated a few points which he seemed to have misunderstood. In the email (which he refers to at the beginning of his letter), I said:

 

'I DO NOT have a complete set of statements for account ending 1004. Each time I have received statements for the period May 04 - Nov 05, they have been the same blank copies showing zero transactions and zero balance, which have been discussed in my letters.

 

The S.A.R - (Subject Access Request) still HAS NOT been complied with as I DO NOT have statements for the period May 04 - Dec 05. These statements are missing and are the reason why I am continuing with the non-compliance court case.'

 

I am so frustrated that he can't even read letters and emails properly... he is living in his own world and isn't listening to what I am saying to him... ARggghhh!!! Anyway... his letter goes on to say:

 

'In order for me to resolve this, I will need to examine the statements that you received on 30th March, therefore please send these to me. I assume that these refer to the same account numbers as above.'

 

No way matey... I am not sending them back so he can wriggle out of it. The bundle of statements that were sent to me on the 30th of March had missing chunks. The next batch had zero balances and the batch after that had zero balances. This has been explained to him several times. He obviously can not understand plain English.

 

'2. You have referred to what appears to be a new claim, for refund of charges applied to your Barclaycard account. As this does not form part of your claim, it has to be treated separately and you will have to send your request for any refund to be considered by the relevant team at Barclaycard.'

 

Done that... Got the T-shirt.!!

 

The reason I have requested a settlement for a full refund is in order for the whole saga to come to an end and to give Barclaycard a chance to 'avoid public questioning of Barclaycard’s statement integrity, or even public speculations re forgery – questioning in front of the press, with a nationwide audience including millions of Barclaycard holders and commercial outlets'. Again, he doesn't seem to understand English. The letter goes on:

 

'3. My instructions are that the agreed £30,00 payment as part of the settlement of this claim has been paid by credit to your account.'

 

No it hasn't... £30!!! What a cheek... I've probably spent that alone on recorded delivery letters.

 

'I am continuing with my enquiries with Barclaycard regarding the point 1 above but it will assist if you send me the copies of the statements that you say differ from the ones I sent you.

 

Yours Sincerely

A.R.

Legal Executive

 

THUMP! THUMP! THUMP!... (head banging against wall).

 

Next letter... in response to the letter of the 12th to Chief Exec, J.V, which had enclosed with it copies of the blank statements, email correspondence between Ruffnuts and I & copies of Ruffnuts's written correspondence. Here goes:

 

'Dear Miss Lady At The End Of Her Tether

 

Thank you for your letter dated 12th June addressed to our chief Executive, JV. It has been forwarded to me with request that I respond accordingly.

 

I am sorry to hear of your satisfaction with respect to the charges you have incurred on your Barclaycard account.' SATISFACTION!! Apparently I am 'satisfied' with the charges... Really?

 

The letter wasn't even about charges... it was about possible fraudulant activity within Barclaycard and the non-compliance court hearing.

 

'To ensure the issues you have raised are fully investigated, I have passed your letter to my colleagues at Barclaycard so they may contact you directly.'

 

But the letter was addressed the chief exec, JV, for this very reason... I need HIM to read about what has been going on and to look at all the evidence I have sent him. I have already written a handful of letter to staff at Barclaycard and I just keep getting the same automated responses.

 

'I would expect that you will hear from them further within the next two weeks. I hope that you find this to be acceptable. No... not really, considering we are going to court in just over three weeks.

 

In the meantime, should you wish to contact me, please telephone on my direct line 020 7116 4903.

 

Will there be any point?

 

The financial Services Authority, by whom we are regulated, requires me to enclose a leaflet describing your rights when we respond to a customer complaint, and for that reason you will find it enclosed.

 

Oh lovely, I will put it with the other 5... my kids can make a collage out of them.

 

Yours sincerely

Office Monkey

Costomer Relations Manager

Executive Support Team

 

I apologise to you CAGers for the sarcasm. I am just rather perterbed that even my best attempts at explaining the seriousness of this situation to AR and JV have fallen on deaf ears.

[Josie8]

Don't fret Maxine......thye're just continuing to dig an even bigger for themselves....................

[maxine989]

Don't fret Maxine......thye're just continuing to dig an even bigger for themselves....................

 

They are digging a deaper hole. That is for sure!! I would love it to go to court and for the judge to see for himself the incompetent and discourteous mannor in which Blundercard have conducted themselves. On the other hand I just want an end it it so I can get on with other things...

 

I can't help but feel frustrated by it though. It's shocking that such establishments and people working within consumer relations can operate in such a mis-managed uncooperative blinkered fashion.

 

All this stupidity and the inability to read correspondences properly is just making my life more difficult... more letters to write, more explaining to do... more this more that! It's like have a fully time bl**dy office job.

 

I am a part time Primary School teacher with three kids and one on the way. I have better things to be geting on with!!

 

Anyway... Rant over... take a breath....

 

Sorry guys. It's just that I was expecting a more professional response from HQ (J.V) AND a more productive response from Ruffnuts.

 

I suppose I had better start writing back to Ruffnuts and REPEAT myself all over again.

 

Maxine

[moneyhelp]

Maxine - you must have the patients of a saint.

 

Keep at them, you WILL have your day

[maxine989]

Just keeping the thread up there...

 

Has anyone received blank (zero balance) statements from barclaycard???

[MilkTrayMan]

...Has anyone received...(zero balance) statements from barclaycard???

If only...Maxine...If only!...

 

Barclaycard are still on my 'To Do' list unfortunately.

Have been following your 'Non-Compliance' saga with avid interest though.

 

Barclaycard has a Fiduciary Responsibility to U + as such, your expectance of them to act responsibly + legally would constitute a trust on your part.

 

As well as a breach of the Data Protection Act, Barclaycard must also fall foul of other financial wrong doings, both voluntary Banking Codes of Practices + actual Acts of Parliment?!

...+ NOT just the obvious fraud ones too!

 

Mindful of Section 2, have a look at Section 10(1) within the following link...

http://www.gov.im/lib/docs/fsc/handbooks/guides/csps/cspappendixe2.pdf

(...I know it only relates to an Isle of Man Regulatory Code, but I'm sure that there MUST be similar Codes/Laws in the E&W Statute Law Books??!)

 

The following link (...also I.o.M) makes great play of saying that I.o.M. Laws closely follow that of English Court legal precedents...

http://www.gov.im/lib/docs/iomfinance/brochures/finalcopy.pdf

...Page 9/10 mentions the Companies Act 2006 (...albeit I.o.M.) + the need for Companies to keep reliable accounting records which allow financial statements to be prepared.

 

It also requires Companies to retain such invoices/contracts + other info as are necessary to allow the Company to document all sums of money received + expended + the matters in respect of which the receipt + expenditure took place, + the assets + liabilities of the Company.

 

To me, this implies that fully detailed + correct Personal Banking Statements MUST also form part of that obligation, as your account IS an asset/liability of the Bank?!

 

...Soz about not having the links to the relevant E&W Acts...

 

 

P.S....Congrats on Mini-Maxi the 4th to be btw!...

If it's a trainee Bird...How about 'MilkTrayGirl'??...

It's gotta be a better option than Peaches Chelsea Fifi Trixiebelle Brum Bullring Odeon...surely??!...lol...

[adienotts]

Hi everybody.

 

I was browsing through some of the forums and stumbled across this one. I sent a letter to Barclaycard back in January this year with regards to a copy of my statements. At the beginning of last month I recived some statements from 2004 to present. Not much good for me as my account was closed back in 2004 so I only recieved two statements which were any good to me.

 

To cut a long story short, I recieved a further letter from them on Friday just gone apologising that they are not able to retrieve any more data from me as they my information has been deleted from their main computer system. They advised me that if I am requesting statements to be able to reclaim my charges then I need to write to the address below:

 

Barclaycard Customer Relations

PO BOX 599

Manchester

M60 2NF

 

Unbeliveable!! I will be pursuing them big time now.

 

Just thought you might be all interested with this rather interesting letter.

 

All the best.

 

Adienotts

[maxine989]

Hi everybody.

 

I was browsing through some of the forums and stumbled across this one. I sent a letter to Barclaycard back in January this year with regards to a copy of my statements. At the beginning of last month I recived some statements from 2004 to present. Not much good for me as my account was closed back in 2004 so I only recieved two statements which were any good to me.

 

To cut a long story short, I recieved a further letter from them on Friday just gone apologising that they are not able to retrieve any more data from me as they my information has been deleted from their main computer system. They advised me that if I am requesting statements to be able to reclaim my charges then I need to write to the address below:

 

 

Hi Adienotts

 

Can I ask... were the statements that were not any good (for when your account was closed) blank? Did they still have your name address and stuff but had a balance of zero??

 

I am wondering that if they no longer have the data stored for that period (obviously for you, yours was closed...so your account would show zero) that they send these blank ones instead??? HHmmmm...

 

As for them saying they have deleted them... Like MTM says above... they are legally obliged to keep records of your credit history for at least 6 years, so you can go and hit them hard for trying to fob you off by saying they haven't got the data.

 

I would get on their backs straight away and begin to hassle them for this data. They know by law they are supposed to keep records... they are either hoping that you are stupid enough to believe them and leave it at that, or they really have mistakenly deleted the data and are hoping you don't take further action..

 

Take further action straight away...

 

Have you started your own thread about this yet???

[adienotts]

Hi Maxine

 

The rest of the statements which were no good to me, still showed an outstanding balance for me but no other transactions such as interest or charges. The reason for this is because in 2004 I had to enter an Involuntary Arrangement, so technically although they have ended my agreement and i know longer have the card, my account in theory is still open because they are one of my creditors in my IVA.

 

You are quite right in saying that they are trying to fob me off, and I shall be pursuing them straight away. I shall be speaking to the Information officer tomorrow to get some further advice.

 

They won't be getting away with this. I haven't opened my own thread, I was just browsing through the threads, came across this one and thought the information might be of use to everybody on this thread, as some people may or may not get the same letter as I recieved from them.

 

adienotts

[maxine989]

Today I am sending Ruffnuts a letter by email, post and fax... just so he can't say he didn't get it.

 

In the letter I am putting him straight on all the things he seems to have misunderstood (noted in post 231 above) and also trying to get some sort of aresult/settlement.

 

We'll see eh!!

[moneyhelp]

Any news today Maxine?

[maxine989]

No news as yet.

 

I sent a last final email and resorded delivery to Ruffnuts yesterday. The letter cleared up all the misunderstandings highlighted in his last crappy letter and also made it clear that I am not prepared to be messed about anymore.

 

I have emailed the press (@ Max Clifford) and told them the story of how I have been given possibly falsified statements and how barclaycard refuse to give me an explanation for this ir to provide me with the missing statements.

 

I have got my file ready for the police and will take t to them as soon as I hear back from the FOS.

 

So... while I wait for all of the above to be addressed I am making my court bundle. So any advice is welcom here. I haven't made a non-compliance bundle before and so I am not sure what else I can offer in the way of evidence other than the obvious.

 

I am currently drafting up my witness statement... which is coming on OK although again I am not sure what else to add other than the obvious, so if anyone has any pointers for me that would be much appreciated.

 

All I can do now is count down the days for the non-compliance... wait for responses from FOS, ICO and Max Clifford and getting on with producing a hard hitting, full to the brim trial bundle ready to use against Barclaycard.

 

SOME good news... but completetly unrelated, is that the insurnace are paying up on my recent flood damage... thank God!!

 

And... more good news... I have a new neighbour who is moving into next door next week... she popped round the other day to introduce herself and to ask if I would consider selling some of my garden to her in exchange for an attick conversion!!! Ermmm... yeah!!

Might sound crazy but my garden is over twice the size of hers and dog legs round in front of the back of her house, she wants new patio doors fitted into the back wall and so wants to buy some land from me so that she isn't looking out onto my fence... and as she is having an attick conversion done too... she will have the two done at the same time... Whoopie!! She has moved from a 7 bedroomed detatched victorian house to next door to me (3 bed victorian semi)... So I assume she has some spare cash to throw at her new house, Bring it on!!

 

At least everything isn't all negative at the moment.

 

You never know Ruffnuts might get back to me with reference to my letter, but I doubt it!!

 

Anyway... another day eh!!

 

maxine

[maxine989]

Not surprisingly, there was no email from Ruffnuts today.

 

[Mistermind]

Once they realise your action is genuine and imminent, they have too much to lose not to comply. Eight months effort should come to fruition soon.

 

GL.

[TANZARELLI]

Lol Maxine, Sarcasm is the only way to refer to Bank/CCC's. Oh and it makes me laugh.

 

Tanz

[Josie8]

Any news today......has ruffnuts come out from under the stone he's hiding under??? :p

[maxine989]

Hi all..

 

A letter from Ruffnuts through the post this morning:

 

Thank you for your letter of 25th June.

 

I have requested the Barclaycard SAR Team to send me a further set of statements for the period of May 2004 - Nove 2005 so that I can check the issue of zero balances that you have raised. This will answer the query you have over this.

 

You have misinterpreted the second paragraph of the letter of 22nd June, which letter also asked for copies of statements you had recieved direct from Barcalycard, in order to assist in resolving why it was that you have 2 apparently differing statements. I note you reuse to do this.

 

In your email of 20th June you stated 'The Settlement I am asking for is for a full refund of all cahrges debited including estimates for the period May 04-Nov 05, plus interest. The grand total of my reclaim from both of my Barclaycard accounts amount to £*,***.**...'

 

This is not part of your current Claim, is different from your current Court action and has not been raised before and will have to be considered by the relevant team at Barclaycard.

 

Yours Sincerely

 

A.R

Legal Executive

 

Pretty poor... bad grammer... waffling on about '2 apparently differing statements'.

 

He isn't able to understand that I am explaing that the opening/closing balances of the statements immediately before and after the zero period differ... he seem to still think I have two sets of statements for the same period with differing transactions... What a spanner!!

 

I am not going to bother to respond. The last letter I sent to him said 'Be assured this letter is your final warning before unstoppable action'.

 

So be it!!

 

I'm just gonna keep working on my budle until I hear back from all the places I have sent this info off to.

[Mistermind]

Be assured the forum are cheering you all the way.

[maxine989]

Be assured the forum are cheering you all the way.

 

Ah cheers Mistermind.

 

I've got court on Monday (2nd) with NatWest credit card... gulp!!

 

Court on the 16th for o/h's Natwest bank account.

 

Then the non-compiance hearing on the 20th... Arghhhh!!

 

Also next Wednesday... (and mon wed and Thur the week after) I've got ITV coming to film our family to do with a documentary about debt and lenders... double Argghh!!

 

I agreed to it ages ago and now the film date has been arranged...

Oh God we're all gonna be on the telly... How embarrassing!!

 

Busy few weeks ahead me thinks!!! Triple

[moneyhelp]

We have a star in the making

 

 

Am behind you 100% Maxine - you're doing a great job of making Ruffnuts look a complete fool!

 

 

Go for it and we are all so proud of you.