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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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re Information Commissioners letter


,hills
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I am at MCOL stage myself with Barclaycard and have found the forums advice excellent, only got the normal 2 years back statements, then times'ed them by 2 to get 6 years estimate, had the offer, refused and waiting for defense etc....

 

I am helping my friend with his Barclaycard claim, and have only just sent off the SAR. Although I am getting the hang of the process, I am reading through he threads that people are going via the Information Commissioners Office complaining about the Microfiche excuse and that they are now getting success in obtaining the full 6 years worth of their statements.

 

My questions are, that my friend has probalbly not used or had access to his card for nearly 2 years, so when/if he gets his 2 years statements it may well show nothing that he can estimate his charges on (he is currently on a payment plan for £850 he owes them). But almost certainly the previous 4 years were where the heavy charges were imposed and which is where he would be able to claim most of which, if not all of what he owes Barclaycard.

 

answers please :

 

- Are Barclaycard now giving the 6 years statements as requested by the SAR

 

- If not, do you have to write to the Information Commissioners Office complaining that you are not getting them

 

- Is there a standard letter to complain to the ICO.

 

Once/If the 6 years statements are received I am sure my mate will be very happy.

 

Thanks again.

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A bump for this as I'm in a similar situation to your friend. My account is now closed as I paid off all the money I owed them (before I knew about this place!) but a massive chunk of it was made up of charges from more than 2 years ago.

 

Anyone able to shed any light on hills questions?

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I am at MCOL stage myself with Barclaycard and have found the forums advice excellent, only got the normal 2 years back statements, then times'ed them by 2 to get 6 years estimate, had the offer, refused and waiting for defense etc....

 

I am helping my friend with his Barclaycard claim, and have only just sent off the S.A.R - (Subject Access Request). Although I am getting the hang of the process, I am reading through he threads that people are going via the Information Commissioners Office complaining about the Microfiche excuse and that they are now getting success in obtaining the full 6 years worth of their statements.

 

My questions are, that my friend has probalbly not used or had access to his card for nearly 2 years, so when/if he gets his 2 years statements it may well show nothing that he can estimate his charges on (he is currently on a payment plan for £850 he owes them). But almost certainly the previous 4 years were where the heavy charges were imposed and which is where he would be able to claim most of which, if not all of what he owes Barclaycard.

 

answers please :

 

- Are Barclaycard now giving the 6 years statements as requested by the SAR --NO they are not

 

- If not, do you have to write to the Information Commissioners Office complaining that you are not getting them --YES you do.

 

- Is there a standard letter to complain to the Information Commissioners Office. Not on this site that I have found

 

Once/If the 6 years statements are received I am sure my mate will be very happy.

 

Thanks again.

 

Answers after the questions

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Is there a standard letter to complain to the Information Commissioners Office. Not on this site that I have found

 

 

Standard complaint form is here

 

Data Protection Complaints – Information Commissioner’s Office (ICO)

 

skb

Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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Same here guys, had two years of statments that had no money on them, cheeky beggars as i too paid my card off but didnt close my account. Ive made my complaint to the commisioners , but not heard anything from them yet, but i did resend my "im annoyed" letter to barclaycard telling them of the recent ico findings and the fact i was complaining. Im still hopeful that i dont have to fork out for he earlier statments which could be an option for your friend Hills?

Nadia.

 

 

------------------------------------------------

Barclays Current Account - S.A.R 22/09/06 - Prelim sent 23/10/06 - part pay accepted - sent LBA 16/11/06 - Payment out of court March 07. Hooray!

Capital One Credit Card - Sent S.A.R 22/09/06 - statements recived 30/10/06 - Settled Dec 06.

Egg Credit Card - Sent S.A.R 22/09/06 - statements recieved 30/10/06- about to send prelim

Barclaycard - S.A.R 22/09/06 - Microfishe letter - non com. 29/09/06. - wont comply letter - 16/10/06 16 days left- getting nowhere letter back! 16/11/06 Information Commissioners Office compaint - 18/12/06-Statments sent - prelim going out 24/5/07.

Virgin/MBNA - S.A.R 22/09/06 - part pay accepted - settled.

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Read this, it should make disturbing reading for Peter Townsend (DATA CONTROLLER OF BARCLAYS BANK if Judge Forrester is reading) assuming he doesnt want become a guest of Her Majesty.

 

(Avoid the showers, Peter, and dont go into the greenhouse, what ever you do!)

 

http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=43&Itemid=2

 

 

Non disclosure imprisonment threat against RBS Data Controller! pdf_button.png printButton.png emailButton.png

A Consumer Action Group User was today (21/11/06) granted a County Court order in respect of the failure by the Royal Bank of Scotland to comply with his disclosure request under the Data Protection Act.

District judge Forrester, making the order commented that had the claimant been able to supply him with the name of the data controller

at the Royal Bank of Scotland that he would have added a threat of imprisonment for non-compliance.

 

The Royal Bank of Scotland now has until January 2007 to comply with the users subject access request. The District Judge has indicated that if the Bank has not complied with the order by that time that he may make an order for imprisonment of the RBS Data controller.

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Hey ho! This letter sent today! Happy Christmas Barclaycard!

 

 

Mr. Carl Nuttall

Customer Relationship Manager

Barclaycard

PO BOX 599

M603NF

 

Your ref: 10022Z32

Our ref: BC3

 

 

Data Protection Act 1998

Subject Access Request

Breach of your obligations

 

Dear Sir,

 

BARCLAYCARD CARD ACCOUNT NUMBER xxxxxxxxxxxxxxxxxx

 

I refer to my letter of 2nd December. You are now in breach of your obligations under the Data Protection Act.

 

I note your failure to supply me with statements held prior to May 2004 and your contention that this is because they are held on microfiche which “does not constitute a relevant filing system.” I do not accept your position and draw your attention to the Information Commissioners Office [information Commissioners Office] rejection of a very similar argument advanced by the Abbey National Bank earlier this year.

 

I understand that Barclaycard has now been visited by representatives from the Information Commissioners Office and that the Information Commissioners Office have ruled, contrary to your contention, that the microfiche system is indeed a “relevant filing system” and that therefore you are obliged, under the Data Protection Act, to supply the information so held within 40 days of a request

 

You have failed to do so and I have therefore today made a formal complaint to the Information Commissioners Office. I shall also commence legal action to force disclosure and would in that context draw your attention to a recent posting on the Consumer Action Group website:

 

“A Consumer Action Group User was today (21/11/06) granted a County Court order in respect of the failure by the Royal Bank of Scotland to comply with his disclosure request under the Data Protection Act.

District judge Forrester, making the order commented that had the claimant been able to supply him with the name of the data controller at the Royal Bank of Scotland that he would have added a threat of imprisonment for non-compliance.

The Royal Bank of Scotland now has until January 2007 to comply with the users subject access request. The District Judge has indicated that if the Bank has not complied with the order by that time that he may make an order for imprisonment of the RBS Data controller”.

 

I suggest you may wish to bring this to the attention of your Data Controller as I assure you I will not hesitate to use the full force of the law against you if you continue to fail to comply with your obligations under it.

 

 

Yours faithfully,

 

xxxxxxxxxx

 

cc: Data Controller Barclaycard

Chief Executive Barclaycard

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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Hi

 

Does anyone know if Barclaycard and Barclays Bank have the same Data Controller?

 

Hapy Christmas Barclaycard.

 

Bicester1

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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Would we have a case to file the claim directly against their named Data Controller, rather than 'Barclaycard PLC'?

 

:D Now that could be fun!:D

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Hmm

 

Good point but guess they are an employee so maybe not personally liable. Still the Judge seems to think so with the RBS. Shall we ask the ICO? Might be worth a letter to the Barclays CEO!

 

Happy Christmas Barclaycard

 

Bicester1

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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