Green v Barclays

[bgqs]

Here is my step by step to date:

 

16th January 2007 - Sent a SAR letter to Barclays Bank (Branch level) - No reply received.

27th January 2007 - Sent follow up letter to Barclays Bank for non-compliance of DPA.

13th February 2007 - Sent Complaint to Information Commissioner. However they advised as the 40 day limit had not been granted they could not issue an enforcement notice for compliance of the DPA.

 

I am now in a difficult position....Do I send my complaint to the Information Comissioner again or Do I simply proceed to Small Claims under a breach of Section 7 of the DPA.

 

I would note at this stage that the account was closed in 2006 and the letters of request have not been issued to Barclays Bank's head office.

 

I have completed the N1 form but have not sent it as yet.

 

I just want details of my charges and it would appear that this is the new tactic being employed...after all, if I dont know how much they have charged then I am not in a position to issue a claim against them !

 

Any help and advise appreciated.

[Advoc8]

Go back to Barclays with a DPA non-compliance letter and complain to the ICO now they've had their 40 days. If you get no joy in the time you give in your non-compliance letter commence proceedings.

[bgqs]

Many thanks. I have already issued a 7 day letter to their correspondance address in Leicester using recorded delivery but to no avail....?

[bgqs]

Reissuing 7 day letter to Churchill Place, London. I have already completed my MCOL claim and just need to login and pay the £50 !

 

I have also drafted a summary detailing the time spent in attempting to correspond with Barclays and this is in the region of £375 + £50 court fees !!!

 

I know the costs associated are at the discretion of the court...however, I can earn up to £30 per hour in my normal job and therefore, this is an apparent loss of potential earnings. Will this stand up in court for a Non-Compliance of the DPA claim under Section 7 ?

[Advoc8]

To claim at your rate of £30 per hour you would have to prove to the court that you had lost earning at that rate for the time you say you spent on the matter. Otherwise the rate is £9.25 per hour, subject to a cap of two thirds of what you'd have paid a solicitor to deal with the matter. (Civil procedure rules 48.6 and relevant practice directions)

[bgqs]

Would they simply award a more suitable hourly rate in absense of the substantiated rate.

 

I could prove it but I would have to rake out old invoices etc...

[Advoc8]

It's not so much proving the £30 per hour, its proving that you lost earnings whilst working on the matter. The actual wording is

 

(4) The amount of costs to be allowed to the litigant in person for any item of work claimed shall be -

(a) where the litigant can prove financial loss, the amount that he can prove he has lost for time reasonably spent on doing the work; or

(b) where the litigant cannot prove financial loss, an amount for the time reasonably spent on doing the work at the rate set out in the practice direction.

(My bold).

 

You'd need to prove (on the balance of probabilities) that you had suffered an actual loss rather than a notional loss of £x per hour.

[Advoc8]

Oh bggs - one point you should be aware of. If your claim is allocated to the small claims track you're very unlikely to get much in the way of costs as the civil procedure rules limit it to travel / loss of earning for the hearing and not much else. Sorry, should have mentioned that earlier but something distracted me.

[bgqs]

I think I would be better going for the £9.25 as this is part of a much bigger claim (believed to be over £5000 therefore potentially outside of jurisdiction of small claims track) which will be compiled upon receipt of the statements.

[bgqs]

haha....I woke up this morning with the bit between my teeth....and emailed John Varley and his executive team.

 

Here is an extract of the emails....

 

Dear Sir,

 

Further to previous requests for a Subject Access Request under the Data Protection Act 1998, I would record your failure to provide the information requested within the statutory 40 day timelimit as stated in the Data Protection Act.

 

Please find attached a copy of a letter which will be sent in tonights post via recorded delivery. This is a final request for information and should you fail to comply with this letter by 10am on the 19th March 2007, legal proceedings will be commenced on the date.

 

Regards

Here is the Reply from Barclays !!!

 

Mr ******

 

Thank you for your email to our Chief Executive, John Varley, who has asked me to respond on his behalf.

 

I am sorry you have not received a response to your subject data access request dated 16 January, this despite your subsequent chaser sent on 27 January.

 

I have passed on your contact to our Data Protection Team and asked that I be informed when the request has been actioned.

 

I hope we are able to meet your latest deadline.

 

Your sincerely

 

Matthew Seeley

 

Matthew Seeley

Customer Relations Manager

Executive Support Team

I then replied to Barclays...

 

 

 

Mr Seeley,

 

Many thanks for your email. I would emphasise at this

stage that I will be commencing legal proceedings on

the 19th March 2007 as previously stated unless my

reques is satisfied.

 

As I am sure you are aware, as registered data

processers, non-compliance of the Data Protection Act

is a serious offence and is likely to be upheld by a

court of law.

 

Therefore, it would be in the interest of Barclays

Bank PLC to comply with my request within the

prescribed timelimit of 7 days.

 

Regards

 

Hahahaha....the clock is now ticking

 

[bgqs]

I read somewhere that MCOL was not the way to commence proceedings for non-complaince of the DPA and that the fee is £150 ? Is this true ?

[bgqs]

Hehee.....This is me applying a bit more pressure !!!

 

Mr Seeley,

 

Please advise as to whether my request has been actioned following yesterday's correspondance between ourselves.

 

I am issuing a complaint to the Financial Ombudsman today with accompanying letters that have been sent to yourselves previously. However, I would like to give you the opportunity to confirm when I will be receiving the information as requested.

 

If I do not receive an email reply by 1pm today, I will be posting this complaint accordingly.

 

Regards

 

I have given them more than enough chances

[bgqs]

Reply from Barclays...

 

Mr **********

 

Your request has not yet been actioned. As I indicated yesterday; I hope we can meet your previous deadline of 19 March. It is unlikely we will any correspondence today.

 

Matthew Seeley

My reply in response (copied to John Varley):

 

Mr Seeley,

 

As I am sure you will understand, this request has been outstanding for some time now and Barclays Bank PLC have been given plenty of opportunity to respond.

 

You have already failed to reply or even acknowledge my request to date and therefore, you will also understand my reason for continual persistance with Barclays Bank PLC.

 

I do not want to receive a generic letter from yourselves in the post. I want the information which I am entitled to by law.

 

You have already received my £10 cheque and have not sent me the information.

 

I, therefore, request that you investigate what stage my request is at and advise accordingly.

 

Regards

[bgqs]

Okay, as the DPA 40 day period is up, I have completed the N1 form, enclosed my money and have posted my claim.

 

I contacted my local court and they said they would accept the part 8 claim as a monetary claim and therefore, only have to pay £30 rather than £150

 

Wish me luck....I have enclosed damages (loss and expense) of £270 including recovery of court fees...this is the first step and will definitely stand me in good stead for when I have to submit my full claim !!!

[bgqs]

Oh dear, I have posted my claim and have just received this email !!!

 

 

I will ensure the details of the charges are sent to the correct

address.

I have been assured these will be issued tomorrow, by recorded

delivery.

 

Matthew Seeley

 

Oh well, on the basis that I receive these by the end of the week, I will have to ring the court to confirm that the claim is to be binned. That is if they keep their promise

[bgqs]

Reply received today from Matthew Seeley:

 

I am pleased to confirm the details of charges are being sent by secure

post

today.

You should (postage permitting) received these tomorrow.

I have also ensured your address has been updated on our records.

 

1-0 to me.....I hope !

I trust this action meets your requirements.

[bgqs]

Well, received all statements today and rung the court to cancel my claim for DPA Non-compliance....A very nice clerk said that although the defendant had now satisfied my request, I can still pursue for my damages....they issued the claim notice yesterday so Barclays have until 30th March to either pay my damages or enter a defence !!!

 

Am preparing for my second claim now

[livelylad]

Well, received all statements today and rung the court to cancel my claim for DPA Non-compliance....A very nice clerk said that although the defendant had now satisfied my request, I can still pursue for my damages....they issued the claim notice yesterday so Barclays have until 30th March to either pay my damages or enter a defence !!!

 

Am preparing for my second claim now

 

 

excellent.

[gizmo111]

I had similar with Barclaycard and they paid my court fee and damages of £20.50 that I claimed for non compliance - pursue this as you have paid out court fee.

[bgqs]

Did you have to actually go to court for the non-compliance of the DPA and did they enter a defence ? My damages are £270 including court costs.

 

I have calculated my charges to be £3,020.00 and I have interest charges of £129.34. I have shown the interest seperately as this is likely to be disputed.

 

I hope they let me submit an N1 on this claim as the 8% statutory interest is approx. £850 !

 

I am claiming for 9 years as they have provided statements on fiche dating back to 1998 and therefore, they will probably claim that the first 3 years are statute barred and will probably have to plead that the contract terms were unfair.

 

Anyway.....let the fun begin !

[Guest Mumofthreeboys]

Did you have to actually go to court for the non-compliance of the DPA and did they enter a defence ? My damages are £270 including court costs.

 

Can I ask you how you came up with that figure for your damages?

[bgqs]

Time spent issuing letters, phone calls etc....they are all conservative figures and I have claimed £15/hr (which I have substantiated by way of providing invoices for work undertaken on a freelance basis). This figure includes £30 court fees...

 

We will see what sticks eh !!!! lol

[bgqs]

Prelim letter sent today 16/3/07

 

Response due by 30/3/07 (which is the same date they have to enter a defence for the damages on my DPA Non-Compliance claim !)

[bgqs]

Update on Non-Compliance of the DPA Claim: Barclays acknowledged the claim on17th March and will be entering a defence....they have 28 days to do so.

[Guest Mumofthreeboys]

Update on Non-Compliance of the DPA Claim: Barclays acknowledged the claim on17th March and will be entering a defence....they have 28 days to do so.

 

They have 28 days from the date of service, but only 14 from when they acknowledged it.