Blueloobylou Vs Barclaycard **WON**

[Blueloobylou]

Hi all,

 

Just wanted to stop by and say Hello. I have been reading this great site, and digesting all of the information, for a few weeks.

 

I have now sent the S.A.R - (Subject Access Request) to Barclaycard on 6th Feb 07 (going after Capital One and Woolwich too). Looking at the statements I have, of which I never took much notice of before I realised I could get my money back , I have noticed that, several times, Barclaycard charged a late payment fee of £24.00, and then because that late payment fee took me over the credit card limit, they then charge me an overlimit fee of £24.00! Cheeky beggars!

 

Cant wait to do battle with this lot, I can tell you.

 

No doubt, I'll be posting with lots of questions.

[e28bigalbexley]

Hello again Looby

Well your going after Barclays in a big way, and why not, they do seem to have a fair lump of your money.

Well as before have a good read around and we'll catch up with you later.

AL:)

[Blueloobylou]

No response yet from barclaycard

[e28bigalbexley]

Patience is a virtue

[Blueloobylou]

Times running out, Barclaycard!!!

[Blueloobylou]

Ooh, my post above must have spurred Barclaycard into action as I received a letter today with copies of my statements but only as far back as June 2004. The rest, good old Barclaycard tell me, are on microfilm and it will take them longer (round about 6 weeks or so) to send me the rest. They say they are only sending me these as a gesture of goodwill as they do not believe that they fall within the scope of the Data Protection Act 1988. They also tell me that due to the increase in people requesting copies of their statements, they deal with them in date order, to be fair to everyone and the Information Commissioner are okay with this.

 

I feel a LBA coming on!

 

Blue

[Blueloobylou]

Sent letter to Barclaycard today saying they have 14 days to provide me with the rest of the statements and what they are saying about "not being included in the data protection act" is a pile of poo!

[e28bigalbexley]

Thats the spirt Looby, you dictate time scales not them.

Stick to the laid down proceedure and you will succeed.

[Blueloobylou]

Thanks Al, Its only because of this site that I feel a little confident in what Im doing. God, do I feel empowered!

[Blueloobylou]

Hi

Time is now running out for Barclaycard to provide me with the list of charges prior to June 2004. If I dont hear back from them, do I proceed on to the Prelim letter and if so, do I estimate the charges from June 01 to June 04?

 

Blue x

[Blueloobylou]

Bump x

[e28bigalbexley]

Hi Blue

Sounds just like Smarmycard.

If you hav'nt done so already jog their memory with a letter reminding them of their obligations as a data controller re DPA SAR requests, the timescale and how long they have left to supply your statements.

If you already have donethe above read this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Estimating is a bit of a can of worms, yes you can do it, and i believe ppl have, and won, but better to explore all the avenues of getting your statements than to estimate.

 

AL;)

[Blueloobylou]

Hi Al,

 

Thanks for that. I have sent Template 1 (the reminder) on 17th March so if they dont respond this week, its on to Template 2.

 

Thanks for your help:)

[Blueloobylou]

Still no response from Barclaycard. They've had both letters 1 and 2 for non compliance now and still havent sent me the rest of the charges or even responded to my letters.

 

What do I do now? Do I report them for non compliance or start court action against them for with holding the info? Help please.

[e28bigalbexley]

Hi Blue

You seem to be suffering, the only thing to do is take them to court if they wont play ball (dont get to stressed you are in the right, you ARE the claimant, and you ARE entitled to this data).

Go here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

 

You can download the N1 from here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html

 

If you need help just PM me, If i cant help i will direct you to someone who can.

Barclaycard will give you what you asked for one way of another:D.

 

AL:)

[Blueloobylou]

Hi Al,

Thanks for your help with this. Ive read on other threads that Barclaycard dont seem to be taking us very seriously and are failing to comply with the SAR within the 42 days.

 

Their condescending attitude just adds insult to injury.

 

Looks like I'll be writing to say "See you in Court""

[e28bigalbexley]

Hi Blue

perhaps if you have the name of someone at the DPA dept at B/C you could send them a copy of the letters you are about to send to the court and the Information Comissioners Office and give them another 7 days, it might save going to court which will take time. Not the perfect solution but.....

 

AL;)

[Blueloobylou]

Hi Al,

I do have a name but its just someone who works in Customer Services who sent me the original letter with half the statements they owe me. It might be worth sending a Recorded delivery letter direct to her. Mind you, I did that last time and she didnt even reply.

 

Blue

[lindylou1974]

Hi

 

I having exactly the same problem with Barclaycard, i am tempted to use estimated charges for pre 2004 but am worried i might mess the claim up by doing this, however a lot of people have been successful doing it this way.

[e28bigalbexley]

Loobylou, Lindylou, you two should start up a toiletries business.

[e28bigalbexley]

Hi

 

I having exactly the same problem with Barclaycard, i am tempted to use estimated charges for pre 2004 but am worried i might mess the claim up by doing this, however a lot of people have been successful doing it this way.

 

Hi Lindy

Yes you can estimate, estimate too little, they keep the rest, estimate too much and they will fight tooth and nail.

Yes its achievable but remember your up against a bank, they are quite clever with figures:o

 

AL:)

[Blueloobylou]

Hi Guys,

Im guilty of not updating my Barclaycard claim details since April Im afraid! :o Sorry!

 

Anyway, having finally received all of my statements (but only after telling Barclaycard I would take them to court for an estimated £5000 claim!) I wrote to them and asked them for my charges back which amounted to approx £1050. Barclaycard wrote back in June and said "No. Go away"

 

I then wrote to them again and sent them the letter before action in July, to which they automatically credited my account with £412.00 and said this was the difference between the £24.00 they HAD been charging and the £12.00 that they now charged for late payment, over limit fees, etc. They told me if I didnt agree with this, to write and let them know but this was their only offer and in full and final settlement.

 

I refused this and therefore decided to take it down the Financial Ombudsman route and made an official complaint to them in July. Today, 19th october, I receive a letter from the FOS stating the following:

 

Dear .....

As you know we wrote to barclaycard recently to pursue your complaint about its account charges. I asked the business to give me information that would be relevant to a formal investigation by the ombudsman into this complaint.

I have now heard from the business. It says it does not accept its charges are unlawful or unfair. But following my intervention it has told me it would prefer to settle your complaint as an alternative to our formal investigation. It accepts no liability, but nonetheless says it will pay you £516.00 plus interest 8% of £74.24 to settle the dispute. This is in addition to the earlier funds of £412.00 already credited to your account and now seems to represent a refund of all the charges that you dispute in your complaint and meets your claim. I assume you will find this offer acceptable.

Acceptance of the settlement the business has offered in respect of this complaint will not prevent you from bringing a new complaint should further disputed charges arise in the future.

If you would like to accept this offer .... blah blah.

Yours faithfully

FOS

 

 

*So results at last! (And without having to pay any court fees out) Its taken me since February of this year to get a full refund. I think the refund is about £20 short but hey, whos complaining!

I am going to accept the offer but put a condition on that Barclaycard pay me by cheque (as my account is in credit now anyway) and that they remove any adverse entries they have made on my credit reference file.

 

>>>Off to celebrate now with a nice glass of wine!

Good luck to all you guys.

 

Lou x

[slick132]

Hi Blueloo,

 

Took a while but a great result in the end. CONGRATULATIONS

 

Slick

[Blueloobylou]

Thank you Slick. Id almost forgotten about it until the letter from FOS dropped through the letterbox.

[sea-sidelady]