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    • The world's largest economy grew less than expected but rising inflation may delay a rate cut.View the full article
    • Hello, Following the submission of my defense, last night I received an email from DCBL indicating that the claimant intends to proceed with the claim (I've attached a screenshot of the email for reference) along with the N180 directions questionnaire. I'm unsure how they obtained my email, but I suspect it was through the courts' form when I completed the Acknowledgment of Service. This email almost slipped my attention. I have also today received a letter from court to state they have received my defense.  It appears they are requesting an online telephone hearing with the court. Could you please advise me on the necessary steps I should take at this point? Thank you for your assistance. Letter-Email 25-04-24.pdf N180 - Directions questionnaire (Small Claims Track).pdf
    • Default Amount £9237.88, all this started in 2006 Admitted debt £9075.65 Weightmans added £1515.01 immediately they became involved, no explanation The Statement shows when Marlin bought debt in May 2011 £10439.25 Their statements, not received until the SAR, are based on this. Cabot deducted £1515.01on their statements in January 2019, again did not find this out until SAR. Weightmans added in  2007 after the CH1 etc was confirmed by the court £741.50, made up of Process server fees, Court Fee (they tried for bankruptcy), Solicitors fee and Land Registry fee. Unspecfied Legal costs were added by Marlin in March 2015, again I did not know this until statements received with SAR I had been paying monthly, without exception until December 2018. I am minded to take the property charge, CH1 amount ,deduct all my payments and the subsequent fees, and request/demand a refund on the final payment made? I consistently disputed Weightmans balances, but they never responded. I also told Mortimer Clarke/Cabot that I disputed their amounts.  
    • Just follow this link and have read of some threads so your familiar with the process https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5178739
    • Sorry,  I'm not familiar with terminology.  Direction questionnaire is what I've seen online as next step. Witness statement: I haven't gone that far, that's why I put the question marks.
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Tobes v Barclaycard


Tobes
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Hi - do you guys know as to whether BCard cancels your account if you claim?

 

I have an old settled account paid to a debt agency, which included charges.

 

I now have a new account in good standing...If I request just the charges back on the old account, can anyone speak of behaviour that could indicate that they might close down my current card?

 

Cheers!

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Guest Lueeze

Its unlikely, however we cannot promise anything, but I doubt it very much as they are 2 different accounts.

 

Good Luck

 

Lou x

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ok, instead of a DPA, I sent off a letter requesting a refund of an ESTIMATE of charges - the account is closed and I am pre-empting their microfiche response by adapting Bookworm's letter about creating an estimate due to lack of information. If asked why I didn' do a DPA I can hopefully rely on the kindness and solidarity of others to prove that Barclays would have refused my request!

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Personally, that doesn't sound like a strong arguement - remember this could reach court!

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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ok, I respect your opinion, but if it is their policy to refuse to disclose the info., bearing in mind ALL my info is before 2004, I would have to to do a DPA, wait for the refusal, then possibly take them to court under the DPA, then maybe win and get the data, then request the refund, then maybe take them to court again...I'm going to try it this way, see what their reaction is, then I can always do the DPA thing anyway.

 

Thoughts?

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if it is their policy to refuse to disclose the info...Thoughts?

 

Well, I can only say I doubt you would prove it is their policy not to provide - it's more a case of them trying their best to wriggle out as early as possible.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Well, I can only say I doubt you would prove it is their policy not to provide - it's more a case of them trying their best to wriggle out as early as possible.

 

 

Well aren't there umpteen letters received by people stating that they will not disclose data under the DPA before ~May 2004 because it is not covered by the DPA?

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Yes, and I'm not trying to be silly about this, honest, but actions like that do not mean policy - there would have to be proof that they will not, under any circumstances, supply info under the DPA.

 

I can only offer advice - and it would be to follow the proceedure shown on the site. Dave and BankFodder have gone to considerable length to guide us all, and cost too, but nobody can force your hand..

 

Best of luck

John

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 4 weeks later...

Guys,

 

Do you think there is a case to go to court to force Barclaycard to supply transactions prior to 2004 despite the microfiche argument?

 

If there is, because banks have to hold data for how many years or whatever, I would be willing to test the claim in court, because they're ****ing me off and I don't mind losing the money...So what's the verdict? :D

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ahh ok I hadn't noticed that anyone had actually gone to court! :rolleyes:

 

EDIT: err can't find any of those people... lol

and no mention of any claims settled in the litigation concluded section...am i being dumb?

 

Has anyone won and received statements/transactions?

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I have two DPA claims in process at the moment - one has caused the defendant to agree to explore a negotiated settlement of the WHOLE matter. The other has produced the documents, although I am still unsure if this is a coincidence.

 

However, I would suggest a look at seminole's thread at the top of the Abbey forum - they have just filed an admission of guilt....sorry, a defence, to his claim!!

 

The text of the defence is worth reading, as it gives a full explanation of how microfiche data is retrieved.

 

 

 

 

 

 

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Thank you very much Alan, I appreciate your post.

 

Is there a draft of a microfiche-related DPA claim or would I have to ask someone specifically very very nicely to see if I could per chance look at theirs?

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  • 3 weeks later...

Not sure if this is news or not, I know it's been reported, but now it's official, just got a letter from Barclaycard reducing all of their charges in their T & Cs to £12.

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  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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