Jump to content


Snoopy1977 vs Barclays


Snoopy1977
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5478 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi guys!

 

I have just started the process and could do with a little help already lol. On the 2nd of Dec I posted 2 S.A.R - (Subject Access Request) letters one to Barclays for two bank accounts and a credit card and another to Smile for an account and a credit card.

 

I only sent them first class - which I now think may be a problem!

 

Do the banks tend to deny receipt? and if so what is my next step?

 

Would it be worth sending reminders to the banks recorded delivery to firm things up? i.e. I have not had a response to my letter dated x in which I requested x to be provided to me within a period of 40 days etc etc

 

I am relishing the whole process so far I keep going to the mailbox to see if Santa has been!!!

[SIZE=1]Barclays case 1 - £525[/SIZE] [SIZE=1]Sar1 sent unrecorded - 1st Dec 2006[/SIZE] [SIZE=1]Sar2 sent recorded - 11th Dec 2006[/SIZE] [SIZE=1]Prelim Approach Letter sent - 19th Dec 2006[/SIZE] [SIZE=1]"Were sorry you are unhappy letter" received - 30 Dec 2006[/SIZE] [SIZE=1]Settlement Offer received - 05 Jan 2006[/SIZE] [SIZE=1]Settlement Offer rejected - 05 Jan 2006[/SIZE] [SIZE=1]Lba Sent - 05 Jan 2006[/SIZE]

Link to post
Share on other sites

Hi snoopy,

 

We advise recorded or proof of delivery, but in general thae banks will send info under requested on a SAR.

Good lUck

 

Hi guys!

 

I have just started the process and could do with a little help already lol. On the 2nd of Dec I posted 2 S.A.R - (Subject Access Request) letters one to Barclays for two bank accounts and a credit card and another to Smile for an account and a credit card.

 

I only sent them first class - which I now think may be a problem!

 

Do the banks tend to deny receipt? and if so what is my next step?

 

Would it be worth sending reminders to the banks recorded delivery to firm things up? i.e. I have not had a response to my letter dated x in which I requested x to be provided to me within a period of 40 days etc etc

 

I am relishing the whole process so far I keep going to the mailbox to see if Santa has been!!!

Consumer Health Forums - where you can discuss any health or relationship matters.

Link to post
Share on other sites

I am guessing that I cannot report them to the information comissioner if I cannot prove that I sent them a letter in the first place? I was thinking of patching it up with a recorded delivery letter like the one below what do you think?

 

Dear Sir or Madam

 

Re. Account Numbers: xxxxxxxxxxx/ xxxxxxxxxx and Visa Credit Card Number – xxxxxxxxxx

 

As I have received no acknowledgement whatsoever of my first letter dated 2 Dec 2006 I am requesting, for a second time a fully comprehensive list of all the default charges for direct debit, unauthorized overdrafts and standing orders I have paid over the last six years relating to the above listed accounts.

 

Please find enclosed a second cheque for the maximum statutory charge of £10 (this has been sent on the assumption that you must have either misplaced or not received the first payment I sent. As the maximum statutory charge for this service is £10 I would expect only one of the cheques I have provided you to be cashed). If you are unable to provide this data, I will accept a copy of my statements going back six years; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the charges, which I’m entitled to by law.

 

I look forward to your response within 40 days as Barclays Bank Plcis obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.

Yours Faithfully

 

Snoopy

 

SHould I also have two signatures (mine and my other halfs as one of the accounts is joint? I think this is all worth doing because it puts me back on a firm footing with measurable deadlines etc...........

 

Thanks in advance for any advice!!

[SIZE=1]Barclays case 1 - £525[/SIZE] [SIZE=1]Sar1 sent unrecorded - 1st Dec 2006[/SIZE] [SIZE=1]Sar2 sent recorded - 11th Dec 2006[/SIZE] [SIZE=1]Prelim Approach Letter sent - 19th Dec 2006[/SIZE] [SIZE=1]"Were sorry you are unhappy letter" received - 30 Dec 2006[/SIZE] [SIZE=1]Settlement Offer received - 05 Jan 2006[/SIZE] [SIZE=1]Settlement Offer rejected - 05 Jan 2006[/SIZE] [SIZE=1]Lba Sent - 05 Jan 2006[/SIZE]

Link to post
Share on other sites

Hi Snoopy1977,

 

I nearly sent all of my SAR's just 1st class then saw a thread where someone had done them recorded so now i have sent mine recorded. I think you should be fine though. Maybe someone else who has been on here longer can assist as i'm fairly new. Its good to know our requests are going at the same sort of time though. I will keep an eye on your thread.

 

Rob

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

Link to post
Share on other sites

Just about to update my thread with this very info - but I have just got a fairly speedy response to my S.A.R.

 

Sent Barclays and Woolwich SAR recorded delivery to Churchill Place on the 22nd Nov, got a letter from each after a week (Barclays returned the £10 too) and statements from both arrived this week too.

 

Hopefully you should have some nice Xmas post soon!!!!

Link to post
Share on other sites

I have drawn up new letters and will send them recorded delivery tomorrow afternoon. Smiles customer service person advised that I should cancel the cheque and send a new application to the co-op head office. Barclays call centre said they had no knowlege of the request I had sent and could not see that anything had been accessed on my account yet so I have cancelled that cheque as well - he did not charge for this as he said it seems to have been lost?

 

They both have new letters explaining that in both cases the originals appear not to have been received. These will be sent to the registered addresses with new cheques and will be sent recorded delivery (this is assuming there are no statements waiting for me when I get home from work at midday tomorrow):lol:

 

Probably have been over thinking things but would hate to get to the end of 40 days and have them just deny receipt!!

 

Ho hum live and learn and all that.

 

Rob I will be watching your thread as well good luck with it mate!

[SIZE=1]Barclays case 1 - £525[/SIZE] [SIZE=1]Sar1 sent unrecorded - 1st Dec 2006[/SIZE] [SIZE=1]Sar2 sent recorded - 11th Dec 2006[/SIZE] [SIZE=1]Prelim Approach Letter sent - 19th Dec 2006[/SIZE] [SIZE=1]"Were sorry you are unhappy letter" received - 30 Dec 2006[/SIZE] [SIZE=1]Settlement Offer received - 05 Jan 2006[/SIZE] [SIZE=1]Settlement Offer rejected - 05 Jan 2006[/SIZE] [SIZE=1]Lba Sent - 05 Jan 2006[/SIZE]

Link to post
Share on other sites

Just to keep this thread accurate as a time line I have received statements on the 14th for the two disputed Barclays accounts and have calculated that the Joint account has £310 pounds of paid referral fees whilst the other has £215.

 

Just waiting for Barclaycard to weigh in with statements for 2 credit cards then I should be able to get this one sorted!!

 

Can I bundle Barclaycard and Barclays into one claim or would I treat them as different organisations in terms of the LBA and filing with Mcol?

 

Thanks for all the guidance so far!

[SIZE=1]Barclays case 1 - £525[/SIZE] [SIZE=1]Sar1 sent unrecorded - 1st Dec 2006[/SIZE] [SIZE=1]Sar2 sent recorded - 11th Dec 2006[/SIZE] [SIZE=1]Prelim Approach Letter sent - 19th Dec 2006[/SIZE] [SIZE=1]"Were sorry you are unhappy letter" received - 30 Dec 2006[/SIZE] [SIZE=1]Settlement Offer received - 05 Jan 2006[/SIZE] [SIZE=1]Settlement Offer rejected - 05 Jan 2006[/SIZE] [SIZE=1]Lba Sent - 05 Jan 2006[/SIZE]

Link to post
Share on other sites

I hand deliverred my SAR on 6/11 and STILL have not received my statements.

S.A.R - (Subject Access Request) sent 06/11/2006 - no statements yet

Prelim Letter sent 13/11/2006

"Sorry you're unhappy" received 16/11/2006

LBA sent 27/11/2006

Reply to LBA with 50% offer received 01/12/2006

"Thanks, but no Thanks" sent 01/12/2006

MOCL filed 11/12/06 - deemed served 17/12/06

MOCL acknowledged 29/12/06

Non compliance with S.A.R - (Subject Access Request) letter sent 04/01/07

Statements Received 08/01/07

MOCL Defended 12/01/07

AQ received 17/01/07

AQ done and delivered 19/01/07

Court date 22/05/2007

Link to post
Share on other sites

Today I sent the bog standard prelim approach letter away asking for my dough to be returned -

 

"My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years." etc etc

 

Because I am not inclined to calculate the amount of overdraft interest I changed my letter from-

"What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken."

 

to

 

"What I require

I calculate that you have taken £525.00 in total from the two accounts listed above.

I enclose a schedule of the charges which I am claiming with this letter"

 

and deleted the bit about the default.

Yay!!! we are now officially in play!

 

 

 

 

 

[SIZE=1]Barclays case 1 - £525[/SIZE] [SIZE=1]Sar1 sent unrecorded - 1st Dec 2006[/SIZE] [SIZE=1]Sar2 sent recorded - 11th Dec 2006[/SIZE] [SIZE=1]Prelim Approach Letter sent - 19th Dec 2006[/SIZE] [SIZE=1]"Were sorry you are unhappy letter" received - 30 Dec 2006[/SIZE] [SIZE=1]Settlement Offer received - 05 Jan 2006[/SIZE] [SIZE=1]Settlement Offer rejected - 05 Jan 2006[/SIZE] [SIZE=1]Lba Sent - 05 Jan 2006[/SIZE]

Link to post
Share on other sites

Delivery confirmed 20/12/06. Does that mean that I send my Lba on the 1st of Jan? Or do I not count weekends holidays etc?

 

Thanks in advance for any help.

[SIZE=1]Barclays case 1 - £525[/SIZE] [SIZE=1]Sar1 sent unrecorded - 1st Dec 2006[/SIZE] [SIZE=1]Sar2 sent recorded - 11th Dec 2006[/SIZE] [SIZE=1]Prelim Approach Letter sent - 19th Dec 2006[/SIZE] [SIZE=1]"Were sorry you are unhappy letter" received - 30 Dec 2006[/SIZE] [SIZE=1]Settlement Offer received - 05 Jan 2006[/SIZE] [SIZE=1]Settlement Offer rejected - 05 Jan 2006[/SIZE] [SIZE=1]Lba Sent - 05 Jan 2006[/SIZE]

Link to post
Share on other sites

  • 2 weeks later...

Bump...

 

I would appreciate a steer on this guys - not sure if I should be counting bank holidays etc towards the 14 day period - or should I?

 

Thanks

[SIZE=1]Barclays case 1 - £525[/SIZE] [SIZE=1]Sar1 sent unrecorded - 1st Dec 2006[/SIZE] [SIZE=1]Sar2 sent recorded - 11th Dec 2006[/SIZE] [SIZE=1]Prelim Approach Letter sent - 19th Dec 2006[/SIZE] [SIZE=1]"Were sorry you are unhappy letter" received - 30 Dec 2006[/SIZE] [SIZE=1]Settlement Offer received - 05 Jan 2006[/SIZE] [SIZE=1]Settlement Offer rejected - 05 Jan 2006[/SIZE] [SIZE=1]Lba Sent - 05 Jan 2006[/SIZE]

Link to post
Share on other sites

I have recieved two letters in the post

 

Letter 1 - from Barclays - "were sorry you are unhappy with the charges you have incurred etc etc etc

 

Yours Sincerely

 

Mike Brophy"

 

Letter 2 - from Barclaycard - "I am writing with reference to your recent request for either a list of charges over the last 6 six or copy statements for the same period.

 

The information that you have supplied is insuficient and I am unable to locate the details at present."

 

So I will be sending an Lba to Barclays itself.

 

Any advice as to what to do re the Barclaycard letter? It goes on to ask for all my previous addresses other accounts etc. I find it irritating because my first instinct is to think they are playing a little game with me.

 

Snoopy

[SIZE=1]Barclays case 1 - £525[/SIZE] [SIZE=1]Sar1 sent unrecorded - 1st Dec 2006[/SIZE] [SIZE=1]Sar2 sent recorded - 11th Dec 2006[/SIZE] [SIZE=1]Prelim Approach Letter sent - 19th Dec 2006[/SIZE] [SIZE=1]"Were sorry you are unhappy letter" received - 30 Dec 2006[/SIZE] [SIZE=1]Settlement Offer received - 05 Jan 2006[/SIZE] [SIZE=1]Settlement Offer rejected - 05 Jan 2006[/SIZE] [SIZE=1]Lba Sent - 05 Jan 2006[/SIZE]

Link to post
Share on other sites

They are playing games, and will continue to stall at every possible turn. Keep the pressure on and stick to your timetables. My 40 days for the SAR ran out just before Xmas, and I spoke to Barclays on the phone, they still haven't sent the info so I've hit them with the non-compliance letter today. I reckon I've been a bit soft on them in making allowances for the Christmas post delays. No mercy from now on in.

S.A.R - (Subject Access Request) sent 06/11/2006 - no statements yet

Prelim Letter sent 13/11/2006

"Sorry you're unhappy" received 16/11/2006

LBA sent 27/11/2006

Reply to LBA with 50% offer received 01/12/2006

"Thanks, but no Thanks" sent 01/12/2006

MOCL filed 11/12/06 - deemed served 17/12/06

MOCL acknowledged 29/12/06

Non compliance with S.A.R - (Subject Access Request) letter sent 04/01/07

Statements Received 08/01/07

MOCL Defended 12/01/07

AQ received 17/01/07

AQ done and delivered 19/01/07

Court date 22/05/2007

Link to post
Share on other sites

Right!!

 

Lba is all drawn up and will be going tomorrow (as soon as I get round to buying some printer carts :-x ).

 

All I have done is changed it to read:

 

"I calculate that you have taken £525 in total from the two accounts listed above." not too fussed about the interest as I don't think it will come to much.

 

On the Barclaycard issue it would appear that I gave them my wifes old account number - they have said I have given them insufficient detail obviously because they cannot mate the number with my name. That is because I was told it was my account number by some one at a Barclays callcentre. Thought it was too good to be true at the time.

 

Anyway let the games begin!!!!

[SIZE=1]Barclays case 1 - £525[/SIZE] [SIZE=1]Sar1 sent unrecorded - 1st Dec 2006[/SIZE] [SIZE=1]Sar2 sent recorded - 11th Dec 2006[/SIZE] [SIZE=1]Prelim Approach Letter sent - 19th Dec 2006[/SIZE] [SIZE=1]"Were sorry you are unhappy letter" received - 30 Dec 2006[/SIZE] [SIZE=1]Settlement Offer received - 05 Jan 2006[/SIZE] [SIZE=1]Settlement Offer rejected - 05 Jan 2006[/SIZE] [SIZE=1]Lba Sent - 05 Jan 2006[/SIZE]

Link to post
Share on other sites

I have received a settlement offer! - Found it as I went out the door to send the Lba.

 

Its the usual - we do not agree with you etc etc goodwill blah blah blah. They are offering £275 on a total amount of £525 or £645.50 with statutory interest applied (I know it doesn't apply yet).

 

I have sent the following Lba to Barclays Head Office today:

 

"LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBERS: xxxxxxxxxx & xxxxxxxxxx

 

I am very disappointed that you have failed to respond positively to my letter of the 19th December 2006.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £525 in total from the two accounts listed above.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of 19th of December 2006.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Yours faithfully,

 

Snoopy"

 

 

As the settlement offer was received from Swansea I have sent another letter there stating the following:

 

 

"ACCOUNT NUMBERS: xxxxxxxxxx & xxxxxxxxxx

 

Response to settlement offer.

 

Dear Sir/Madam,

 

Thank you for your letter dated 03/01/2007

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on the accounts listed above, totalling £525

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

As I have yet to receive a favorable response from Barclays I have sent a Letter Before Action to your head office, a copy is enclosed for your information. This is in line with the timescales outlined in my preliminary approach letter dated 19/12/2006.

 

As outlined in the enclosed letter I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice. You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

Snoopy"

 

 

 

I think this covers everything off for now. Please let me know if anything looks suspect :-|

 

Snoopy

 

 

 

 

[SIZE=1]Barclays case 1 - £525[/SIZE] [SIZE=1]Sar1 sent unrecorded - 1st Dec 2006[/SIZE] [SIZE=1]Sar2 sent recorded - 11th Dec 2006[/SIZE] [SIZE=1]Prelim Approach Letter sent - 19th Dec 2006[/SIZE] [SIZE=1]"Were sorry you are unhappy letter" received - 30 Dec 2006[/SIZE] [SIZE=1]Settlement Offer received - 05 Jan 2006[/SIZE] [SIZE=1]Settlement Offer rejected - 05 Jan 2006[/SIZE] [SIZE=1]Lba Sent - 05 Jan 2006[/SIZE]

Link to post
Share on other sites

Just a thought?

 

Should I have extended my timescale due to the fact that I was made an offer or am I ok to consider the partial offer as unfavourable and just march on?

[SIZE=1]Barclays case 1 - £525[/SIZE] [SIZE=1]Sar1 sent unrecorded - 1st Dec 2006[/SIZE] [SIZE=1]Sar2 sent recorded - 11th Dec 2006[/SIZE] [SIZE=1]Prelim Approach Letter sent - 19th Dec 2006[/SIZE] [SIZE=1]"Were sorry you are unhappy letter" received - 30 Dec 2006[/SIZE] [SIZE=1]Settlement Offer received - 05 Jan 2006[/SIZE] [SIZE=1]Settlement Offer rejected - 05 Jan 2006[/SIZE] [SIZE=1]Lba Sent - 05 Jan 2006[/SIZE]

Link to post
Share on other sites

Keep to your own timescale. They haven't responded positively so submit the claim on the day it is due.

04 Nov 06 - S.A.R - (Subject Access Request) letter sent

16 Nov 06 - Statements received - £2685.00 of illegal charges incurred

17 Nov 06 - PAR (Preliminary Approach for Repayment) letter sent

01 Dec 06 - Received Stalling letter from Barclays

02 Dec 06 - LBA (Letter Before Action) sent

18 Dec 06 - Claim filed with MCOL

20 Dec 06 - Settlement Rejection letter sent

03 Jan 07 - Claim acknowleged by Barclays

22 Jan 07 - Claim defended by Barclays

 

 

You wanna know how you do it? Here's how, they pull a knife, you pull a gun. He sends one of yours to the hospital, you send one of his to the morgue!

 

Please click the scales at the bottom left if you find my advice useful. However, the advice I give is only my opinion based on my experience, I am not trained in Law!

Link to post
Share on other sites

  • 3 weeks later...

The Lba was lost by the post office I will be reposting it shortly.

 

In the mean time I have received a letter from Barclaycard saying that my information has been deleted from their system so they cannot provide any information regarding my account?

 

That can't be right can it?

[SIZE=1]Barclays case 1 - £525[/SIZE] [SIZE=1]Sar1 sent unrecorded - 1st Dec 2006[/SIZE] [SIZE=1]Sar2 sent recorded - 11th Dec 2006[/SIZE] [SIZE=1]Prelim Approach Letter sent - 19th Dec 2006[/SIZE] [SIZE=1]"Were sorry you are unhappy letter" received - 30 Dec 2006[/SIZE] [SIZE=1]Settlement Offer received - 05 Jan 2006[/SIZE] [SIZE=1]Settlement Offer rejected - 05 Jan 2006[/SIZE] [SIZE=1]Lba Sent - 05 Jan 2006[/SIZE]

Link to post
Share on other sites

Hi Snoopy,

 

You can probably tell from my thread that i'm now behind you because I still haven't received my statements. I'm going to hit them with a SAR LBA first thing Monday morning and also call them to see if they will send the statements.

 

I'm quite annoyed as it was the only letter I didn't send recorded delivery. :(

 

As far as your Barclaycard goes i'm sure big companies like Barclaycard cannot just delete your information as i'm sure that contravenes the Data Protection law. I'm sure someone else on here will be able to back that up??

 

Rob

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...