Rustmonkey-vs-Barclays

[chorlton1]

Slightly revamped:

 

Mr Peter Townsend

Privacy & Data Protection

Radbroke Hall

Knutsford

Cheshire

WA16 9EU

 

 

 

 

 

 

DATE PROTECTION ACT 1998

 

SUBJECT ACCESS REQUEST

 

 

 

 

Dear Mr Townsend,

 

ACCOUNT NUMBER: 00272590

 

Further to your letter dated 30 January, 2007

You will note from my letter to you dated xxxxxx that I made a Subject Access Request on my account detailed above, and I also asked for details concerning whether or not there was any manual intervention on my account.

????am assuming this is what you sent eg SAR with manual intervention question?????

My question was unambiguous namely "Did manual intervention take place - yes or no? If yes, then supply details, and if no, then please confirm". This you have failed to do and I would again request that you answer this question.

I would remind your obligation to fulfill my Subject Access Request under the under the Data Protection Act has a time limit under Law of 40 days, and this 40 day timeframe is deemed to have commenced on the 30th January, 2007.

 

 

You therefore have until Saturday, 10th March, 2007 to comply with my request in full otherwise I will issue proceedings for non compliance without further notice.

 

I re - enclose cheque No 100218 for the sum of £10 as this is the statutory maximum fee for the Subject Access Request which I have requested.

 

I will require full disclosure of my account for the last six years i.e. back to 30 January 2001, as requested in my initial letter.

I will require a receipt for the Cheque so that I may claim it back at a later date. I also enclose a copy of my original request.

 

Yours sincerely,

 

Rustmonkey

 

 

 

Have changed a few things - sorry not to respond yesterday, crushingly bad hangover! will be online this pm again....

[Rustmonkey]

Thanks for taking the time to read and re-edit original, unfortunately as I had no reply fom anybody yesterday, i used pre edited letter. Was sent special delivery...this morning. Should arrive Monday morning.

 

I guess, we'll just have to sit back and wait.

 

Thanks anyway;)

[Rustmonkey]

Statements all came winging through the post today. All 6 years.

 

Time to get out the highlighter and start totalling it up. After a quick glance I din't think it will be as much as i thought but should still hit the £1000 mark with the 8% added at the court stage. Lets face it, they ain't gonna cough up before that are they.

 

I'll sit down and work it out, start the spreadsheet and prepare the initial letter. Now the fun starts.

[Rustmonkey]

I've completed the spreadsheets. I have one copy without the 8% @ £1270.00 and one with the 8% at £1514.96.

 

I will know write out the Prelim letter and get it sent off with a copy of the (without 8%) spreadsheet and a 14 day timetable.

 

Here we go:eek:

[Rustmonkey]

Could some1 just check that this is okay. i don't know if there is a default against me so i re-worded to tell them to remove one if it exists.

 

 

My address

 

 

 

 

 

Freepost RLTA-CSUE-TCHC

Barclays Bank plc

Head office customer relations

1 Churchill place

London

E14 5HP

 

16/02/2007

 

Request for repayment of charges

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxx

 

 

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.

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. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

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 consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £1270.00 from my account over the last 6 years.

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

 

Additionally, should you have entered a default notice against my credit record and this default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity’s caused directly by the taking by you of penalty charges which you had applied unlawfully to my account then In addition to full payment of the sum mentioned above, I will require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

 

Yours faithfully,

 

 

 

 

 

Rustmonkey

 

 

 

Thanks for all your help. its much appreciated.

[Rustmonkey]

Recieved what I assume is a pretty standard letter today:

 

May I say how sorry I am to learn that ........blah blah blah

When an account is opened with us, our customer is provied with......blah blah blah

Despite my comments above in relation to your views, on this occasion, and without admissions of liability, I am willing to offer the sum of £870.00 towards the total amount you are seeking.

 

My point is that £870 from £1270 seems a much bigger offer than i've seen offered before. Is this a new carrot that they are dangling i.e. a bigger piece of bait may attract more fish.

 

Obviously, not this fish:)

 

I want my full settlement and will be starting my claim in 4 days;)

 

I have actually attempted to phone the contact No: 0845 300 4028 but it will not let you talk. It cuts you off with " we aren't accepting calls and not taking messages" or something like that.

 

My Question:

 

Do I need to reply to Barclays stating that i'll accept their offer but only as part payment. Is this letter necessary or not. The reason I ask is due to the lack of time I have before starting the claim.

 

Any thoughts welcome.

[Rustmonkey]

Would appreciate it if some1 would reply please.

 

Thanks:)

[Rustmonkey]

I've obviously upset someone cause no one will reply to me.

 

oh well:(

[Rustmonkey]

Started my claim via MoneyClaimOnline. Am i right in thinking I need to send them two copies of my Charges?

 

If so...whats the address and is there a template letter which i can use.

 

Any help appreciated.

 

Thanks.

[Michael Browne]

See end of this thread:

Getting MCOL Right

[Rustmonkey]

Okay....Panic Time.

 

Barclays have just put in a defence against my claim. Not a big deal in its self other than the fact that I haven't received the AQ yet and that I am off on Holiday for 2 weeks on Friday.

 

I did ask about this in the chatroom prior to starting the claim and was advised that i need not panic as it would probably be sorted by then. Well it ain't sorted and time is running out fast.

 

Any suggestions will be very very welcome..............

[CAZKATJOE]

Right, i am at the same stage as you, you probably will NOT get an AQ yet, i was told by MCOL last friday they had been dispenced with. So no worry's there.

As for the rest, you could phone MCOL tomorrow and ask them when you will receive the copy of BB' defence and the notice of transfer etc.

I did this last friday and was told i would receive them this week.

Explain you are going on holiday and ask if they can tell you which local court your case has been transfered to.

Then phone them explaining your situation, but I would imagine that you would not get a court claim until well after your holiday.

Good luck, let us know what happens.

Caz:p

[CAZKATJOE]

oops just read what i sent you and at the end i said court claim, what i meant was court date, uuurgh defently having a blonde moment, sorry.

:o

[Rustmonkey]

Hi,

 

My Court Date is set for 22 Aug 07. I have just received a letter from Barclays stating that they are applying for a stay.

 

What I was wondering is: Has anybody been successful in getting Barclays to stop collecting charges until the test case has finished. It seems fair that they should stop collecting charges in the same way that we are expected to wait for an answer, If so, who did you speak to.

[saintly_1]

Just because B's are applying for a stay doesnt mean that they will automatically get one .... have a look here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html and take 3 copies of it to court with you .... its post #2

[Rustmonkey]

Hi,

 

I'm at Stafford County Court tomorrow.

 

I sent Copies of the Court Bundles to both parties. I have just written a witness statement, a case summary and a letter to counteract the proposed stay (they have told me that they will apply for one).

 

Have I got everything or do I need anything else.

 

Also, will I even get to have my day in Court or will I be put on hold until the test case is over? what seems to be the norm at the moment.?

 

Any help would be welcome.

 

Thanks

[slick132]

You could have a look here - http://www.consumeractiongroup.co.uk/forum/barclays-bank/110829-court-case-next-week.html - for a bit of a lift.

 

I know each Judge is different but you could at least ask (if Barclays should have have sent in their Bundle) why they should be allowed to get away with non-compliance.

 

Good luck, Slick

[Rustmonkey]

Unfortunately, as with all 24 other similar cases today. The DDJ at Stafford County Court stayed all cases today pending the outcome of the OFT test case.

 

Barclays applied for a stay, which I countered using the "templated objection to a stay" letter. At one point the Judge did contemplate my objection (you should have seen the defense squirm) but he felt that it was not quite a strong enough arguement. He did however state that it was a very well put together piece of work (thanks go out to the originator for that).

 

I asked whether an injunction could be made to stop the Bank from continuing to penalize me with these charges. The defense stated that she did not feel that it was within the judges power (ouch). He promptly put her straight and told me that he was happy to go down that road if I wished ( Defense positively twitching at this stage), however, he explained that if I did pursue this course of action and the OFT case went in favour of the Defense, that I may be liable to pay back all the charges.

 

Clearly, I am not in a position to do this either financially or knowledge wise.

 

So....its wait out till Jan 8th 2008 for a decision. Oh well.

 

It was nice to see a lawyer twitching, even if only for a few minutes.

 

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

 

Now, could someone please explain where this leaves me now. Obviously, i'll have to wait for the decision but will I still have to go to Court in order to claim my money or will they automatically payout if they lose?

[slick132]

RustM,

 

Can only answer your final Q when the OFT case is over. I doubt they'll pay out automatically and you likely have to go back to Court to resolve your claim.

 

Meanwhile sit back, read threads and earn 8% interest.

 

Slick

[tezl]

RustM,

 

Can only answer your final Q when the OFT case is over. I doubt they'll pay out automatically and you likely have to go back to Court to resolve your claim.

 

Meanwhile sit back, read threads and earn 8% interest.

 

Slick

hi,do you think we will get court costs back then slick.tez

[slick132]

Tez,

 

That's for greater minds than mine to decide but, IMHO,....Yes

 

Yes

[tezl]

hi,if the banks loose or even reduce charges off their own bat then surely they have been proven guilty.but will all our pocs have to change to accomidate the new scenario if the cases carry on .got a feeling all us with stayed cases are going to be caught between devil and deep blue sea.tez