C&D v Barclays

[C&D]

Hello

 

I am currently helping my friends brother with his bank claim against Barclays. The SAR letter was sent to Barclays on Saturday so they will receive it tomorrow and have until 20th April to send the statements. i will keep this thread up to date..

 

C

[crashbandicoot]

Nice one C, look forward to hearing how this one progresses, even though the outcome is predictable

[C&D]

Hello.

 

The 40 days for the statements to arrive were up yesterday but nothing has arrived... any ideas on what I should do next? The bank did write before and stated that they had received the request and that the statements would be sent within the time frame. They also sent the cheque back saying there was no charge (result!).

 

Thanks

 

C

[dar£n]

personally? I'd wait a few days more [to allow for them being swamped with these requests]

If still nothing, send the non compliance letter.

[C&D]

Hi dar3n.

 

Good idea, I guess there were bank holidays too so that may delay the process.. I will give them until I gt back from hol on 4th May.

 

Thanks for coming back so quickly..

 

C

[C&D]

Hello

 

An update: Still no statements from Barclays so a non compliance letter will be sent over the weekend... tut tut Barclays!

 

C

[C&D]

Hello

 

My friends bro still hasnt received his statements and the non compliance letter was sent around 18th May.. Does anyone know what I should do next please?

 

Thanks.

[saintly_1]

Try ringing 0800 282 390 and speak to an advisor

[dar£n]

Commence a county court claim in the same way as you would for money - however, in the particulars of claim you need to specify that you require the bank to provide the information as outlined in the original Data Protection Act request.

 

You will find a suggested text for the Particulars of Claim elsewhere in the Bank Template Library.

 

_________________________ __________

 

 

It would seem likely that they will defend the action, but as with the claims for refunds it will probably not be worth their while going to court, and it should open the way for a dialogue.

 

Should they try to defend, or allow judgement to be entered by default, it could have far reaching consequences - since it would put them in danger of having to reveal information that they have hitherto wanted to keep well concealed. It would also make it very difficult for the various regulatory authorities to allow the banks to keep stonewalling claims.

 

I would add that a District Judge tends to be very hard on a party to an action, when they have been deliberately obstructive.

 

taken from:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

[dar£n]

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/taking_a_case_to_court.pdf

[dar£n]

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

[C&D]

Hi dar£n

 

Thank you for your advise. Typically, the statements arrived today!

 

C

[C&D]

Hello.

 

I have looked through the statements and what a mess they are, some are landscape and some portrait style and all different text fonts etc! Anyway, I have only been able to find £100 in charges of which he wont be able to claim back £40 of it as it was over 6 years ago now...

 

Did anyone else have trouble with their statements or are the charges maybe put down as something else? (there are account fees of £7.50 - £12 per month but he says he agreed to pay this for the overdraft so we cant claim them back)

 

Any ideas?

 

C

[dar£n]

The fees are for Additions account, not reclaimable,

 

look out for

UNPAIDS OUT

UNAUTH OD FEE

PAID REFERAL FEE

[saintly_1]

How far outside the 6 years ..... I have put every charge that were on the statements that they sent me ... the account fees are for the additions account and as he agreed to them he cant claim them back

Have you looked for

UNAUTH O/D

UNPAIDS OUT

REFERRAL FEE

[saintly_1]

Snap daren ;-)

[dar£n]

....thats my girl XXXXX

[C&D]

Ok.. I found all the charges - they were mainly under 'paid referral' as suspected.. the total is....

 

£1,645!! (up to February 07 so need to check whether there have been any since).

 

C

[saintly_1]

nice ......... now you need to put all charges into http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

i just used the simple one (seemed ideal for me ;-)) had to put that in before one of the others did

[C&D]

Hello

 

I've already done that (it added it up for me lol).. I have claimed (and won) my money from HSBC and am helping my nan at the moment who now has a prelim court date of 6th July.

 

Thanks for all your help.

 

C

[C&D]

Hello.

 

New charges added to my spreadsheet and letter 1 (approach for repayment) in post Monday.. Total now £1,705..

 

C

[Trucker]

Expect a fob off letter in about 10 days, saying they may need up to 8 weeks to investigate

[C&D]

OK Trucker.. will make sure we take no notice of it and stick to the deadlines!