Reaver V's Barclaycard! How much longer must I wait?

[TANZARELLI]

Thats the spirit.

[Reaver]

Hey all,

 

been awhile again,but gtting a bit daunghted from the later stages...im sure I'll get there. Anyhow the develepments since last time..

 

I got my SAR from Cabot,on 26th march 2007,still need to have a look through it,but I think they've given me couple of larges...hmmm needs further looking at.

 

I got another letter from Cabot,on 3rd april 2007, saying they're still waiting for the original credit agreement but hey here's jan,fed,mar 2005 statements.

 

Then another letter,dated 12th april 2007 but recieved 18th april 2007. Clever little boys and girls at Cabot hve got a photocopy(very dark but can just abot make out my signature,not much else) of my original application for my barclaycard,which I'm geussing counts as my original credit agreement. I also geuss this means They are offically the new holder of this dept,apart from it still being in dispute.

 

Haven't heard anything from Barclaycard them selves in sometime. But have got an E-mail back from the information commissioners office after my second atemp at complaining about barclaycard not giving me my earlier statements, recieve 16th april 2007.

 

16th April 2007

Case Reference Number RFA0157596

Dear xxxxx

Complaint about the 'Subject Access Request' made to Barclaycard for personal information relating to bank charges.

Thank you for your correspondence dated 31st March 2007.

You have complained that, as yet, the information requested from Barclaycard has not been received.

When we receive a complaint like this, we are under a duty to consider if it is likely or unlikely that there has been a breach of the Data Protection Act 1998 (the Act). We will then decide what action, if any, to take.

Following a recent Office of Fair Trading decision about 'penalty charges' we are aware that the number of individuals making subject access requests to financial institutions has significantly increased. However, clearly these financial institutions are still required to comply with subject access requests within the statutory 40 calendar days.

As you may be aware under the Act there are eight data protection principles. These are sometimes known as the principles of good information handling as they set out the way organisations should handle personal information. The sixth data protection principle requires organisations to process personal data in accordance with an individual's rights under the Act. Therefore if you have not been sent the information you are entitled to within 40 days, it is likely to be in breach of the sixth data protection principle

We would like to explain that due to the number of complaints we are receiving about failed subject access requests we are writing to financial institutions on a monthly basis, sending them a 'batch' of complaints.

We will be writing to Barclaycardwith the next batch of complaints at the end of April 07 and will of course include the details of your complaint in our letter. We will advise Barclaycard to ensure that they provide you with the information you are entitled to as a matter of priority. Furthermore we will ask them to outline what steps they are taking to ensure their future compliance with the Act. Therefore although we will now close your case we would like to assure you that we will continue to carefully monitor this issue.

Finally, it may be helpful to explain that a breach of one of the data protection principles is not a criminal offence and we cannot punish an organisation for a breach of principle. Our priority is to get organisations to take steps to solve the problem and to ensure they handle personal information properly in the future.

However, it may also be helpful to explain that if you have suffered a loss because an organisation has broken the law, you may be entitled to compensation. We do not have any powers to award compensation and any claims should be made through the Court.

We would like to thank you for bringing this matter to the attention of the Information Commissioner.

Please quote the case reference number from the top of this letter in all future correspondence about this matter. Failure to do so may delay the processing of your complaint.

Yours sincerely

Sent on behalf of

Helen Raftery

Casework and Advice Manager

 

 

And still nothing from Barclaycard?!?!?

[Reaver]

How much does it cost to make a court claim/whats the summoning fee?

 

Reaver

[TANZARELLI]

How much does it cost to make a court claim/whats the summoning fee?

 

Reaver

 

 

Hi reaver see here: County Court Fees

 

Tanz

[Reaver]

Hey Im The Reaver and Im a persistant little begger sometime, and this is going to be one of those times. I had left this thread alone for a while and my banks and credit cards,having heard that there was a big court case in january of 2008, well has anyone heard anything???????

 

I haven't so I'm going back to basics and back to what I've done already.....and care to offer any advice on what to do now after I've left it so long, should I resend the prilimary letters etc or has anyone heard about this big court case?????

 

Many thanks ya all.

 

Reaver

[Reaver]

Oh and this is mainly because I've had another lovely letter cabot.......

It's time for a concerted fight back haha!!!

[saintly_1]

Well credit card claims shouldnt be affected by the OFT case but it starts next Wed ............. as to your claim I would just send the LBA giving them 7days then file using the N1 to your local Country Court using the POC's here http://www.consumeractiongroup.co.uk/forum/barclaycard/114914-new-barclaycard-poc-n1.html

 

Hope that helps

 

Saint

[Reaver]

Ok that was jst amazingly useful!!! is there a thread you know about keeping us upto date on the OFT Test case?

 

So yeah anyhow I'm gonna have to dig out my files and send the LBA giving them 7 days then...hows do you actually...book a claim or do you simiply send to POC to your court, forgive my ignorance.

 

Many thanks Reav

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/barclays-bank/126452-oft-test-case-news.html

 

To make your claim at the court you need :-

 

3 copies of the N1 http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html using the POC's re post #32

3 SOC's shedule of charges

 

and the Fee Fees

 

Saint

[Reaver]

so I have to send an LBA giving 7 days notice and then file for a court case, so how eactly to do I do that, I have the POC but how exactly.......

You'll really have to forgive...been a long week or what ever.do I take the 3 copies of POC and schedule of charges and fee into the court to book/put in my case???

 

Oh and I guess I should kick cabot to the kirb by sending them an 'account in dispute' letter!

 

Thanks muchly

 

Reav

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html you need to fill this in ........ its the court application form ...... you need to print off 3 copies as you cant save it ....... then print off 3 lots of the poc's and 3 lots of your SOC's Then send or take to your local county court