Barclaycard Credit card

[give_me_it_back]

It's basically a massive delay tactic. The Durant case says that Microfiche IS a relevant filing system. Abbey are using this delay with me (and thousands of others), and I WILL take them to court for non compliance of DPA, and let them prove it in court. It makes me sick that they seem to think that having an 'outy of date' and useless filing system means they are above the law!!

[give_me_it_back]

Also - if you have set a deadline - do stick to it. Don't give them any more time.

[marksteps]

I did send a letter which went like this:

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request 19 June 2006. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1) You have failed to provide a complete list of transactions and charges - Statements prior to May 2004.

2) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have a further 15 days to comply.

 

Yours faithfully,

.......

 

So what would you suggest i do after the deadline passes? Bear in mind im in edinburgh, does that work differently as im not in england.

[Montague123]

just received my statements today - could someone please clarify can i reclaim back

 

interest on standard charge and interest on cash balance?

 

I have read through the threads honest.

 

many thnks

[give_me_it_back]

marksteps - if there is no response on the date of that deadline, start the non compliance DPA procedure (you are basically suing them for not complying with DPA). There are templates in the library for that.

[marksteps]

that was the non compliance letter i sent from the templates.

[give_me_it_back]

No - the DPA NON COMPLIANCE letter. Not the DPA request letter:

 

NB: Please note that some County Court staff may not be aware of the procedure for these claims. It is important that you insist that the N1 is accepted - and that your claim is NOT a "pre-action disclosure", or a claim under "part 8".

 

The Information Commissioner has indicated that these claims should be dealt with in the Small Claims track.

 

 

BRIEF DETAILS OF CLAIM (On Front of N1)

 

Order under Section 7 and Section 15(2) of the Data Protection Act 1998

Damages

 

NB: It is absolutely vital that you do not use the word "injuction" as this may cause an additional £150 fee.

 

 

PARTICULARS OF CLAIM

 

 

1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject.

 

2. The Claimant (has/had) an account number (Insert Account Number) ("the Account") with the Defendant which was opened on or around (Insert date) (and closed on or around (Insert date)).

 

3. On (Insert Date) the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.

 

4. The Defendant has failed to comply.

 

5. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage (and distress).

 

6. The damage (and distress) caused is:

 

Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £...........

 

Add any further things that can be clearly quantifiable, and to which you can provide proof.

 

Please be aware that claims for distress are only available where the distress is caused by the quantifiable damage. You would usually need professional evidence in support. If you are intending to go down this route it is vital you contact us before proceeding.

 

7. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request

 

8. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request.

 

9. Damages and costs within the discretion of the Court.

 

 

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

 

Date:

[marksteps]

I thought what i sent was the data protection act non compliance letter as i found it in the templates....

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

 

The second post is the letter i used and it was within the 40 days...

[marksteps]

I thought what i sent was the data protection act non compliance letter as i found it in the templates....

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

 

The second post is the letter i used and it was within the 40 days...

[marksteps]

Can anyone clarify what the link in my previous post is actually then?

[give_me_it_back]

Sorry Mark - yes that is the data act non compliance letter. Did you send the DPA request letter first?:

 

Data Protection Act disclosure request

 

Dear Sirs

 

Account Number: xxxxxxx

 

 

Please send me a full and comprehensive list of all the bank charges I have received in the last 5 years. This list should include what the offence was, the date and the amount.

 

Should some of this information be stored on microfiche, I will accept a complete set of account statements for that period. This should be easily retrieved from your accounting systems, and I will accept a computer print out.

 

I am aware that you have been willing and able to provide other customers with a print-out of transaction information covering this period – and am ready to bring this to the attention of the Information Commissioner should it prove necessary. I would also draw your attention to Smith v Lloyds TSB Bank plc (2005) EWHC 246 (Ch).

 

This letter has been sent to you by first class recorded delivery, and therefore should reach you by xxxxx. Under the Data Protection Act, you have 40 working days in which to provide me with this information

[marksteps]

yeah i sent a dpa.they failed to send all statements so i sent this letter. so im gonna sue for non compliance...oh sugar. i only want my money back...

[give_me_it_back]

That's absolutely right what you have done then! Keep at it! You'll get there!

[marksteps]

received a letter today saying that i MUST pay £3 per copy as its on micro film and thats the final word on it...

 

I really dont wanna pay that incase im only due say another £25 which would mean paying £30 odd quid for a £50 gain...get me?

[give_me_it_back]

Up to you. Pay the £3 if you don't mind being bullied. £10 is the maximum.

[marksteps]

They wont budge tho....im still being made to pay £3 per copy...any suggestions around this?

[give_me_it_back]

I don't know what else to say, Mark. I have given you all the links, and everyone has given their opinion. It's up to you to read the threads and decid for yourself. Lueeze gave you a ticking off right at the beginning to "read read read" - Please keep reading - it's a self help process.

 

Just to re-iterate: If you have already sent Barclaycard a DPA non compliance letter (which you said you have), you will have set a timeline in which you will start action (ie COURT PROCEDURE). You really do need to follows that through - otherwise it's an empty threat. It doesn't help any of us if others make threats to start action, then simply don't follow that through. This is why the banks drag their heels - because they know some people will give up.

 

If you do want further statements, as I have already said, you have already sent the £10 fee - they CANNOT charge more than this (another member also told you this earlier).

 

If you want to ignore that, and send them the £3 for more statements - that's up to you. People have done.

 

As I (and others) have already said - you ADD the £10 fee (and any £3 statement charges) to your claim amount anyway.

 

Please read all the threads, the FAQs and familiarise yourself with what you are actually doing - ie - taking your bank to court - you need to understand what you are saying and why you are saying it. Please try to find these answers for yourself by reading others threads and the FAQs and make your own decision. There's really nothing more I can add to what I keep saying.

[lickthewallfatboy]

estimate what they have charged you by going throught the infamous print out,and anything that looks even remotely like it could be a charge-add it up and bung in an estimated claim.I sent them an LBA on this basis and they have until saturday to pay up.

 

Let them prove in court that your estimate in incorrect and let them look stupid by easily providing the information that they insist on charging you an extortionate amount for....

[marksteps]

lol they sent me copies of proper statements. And i only have one charge of £25...

[marksteps]

This topic was closed on 11 March 2019.

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