Barclays vs Khronus ..DPA non compliance..court claim ?

[khronus]

Hi all, after sending a non compliance of the DPA letter to barclay card

I today got a response ( within the 7 days that I gave them ) but it only contains 2 years of information not 6 and they say the rest is on microfiche.

 

I therefore want to know if I can take them to court for breach of the DPA and if anyone knows where any 'particulars of claim' are in regards to this and also some legal info on the microfiche arguement.

 

 

Many thanks

 

 

K

[EricTheRed]

I had similar problems with Abbey so I sent my LBA with an estimated amount on. if it goes to court then they would have reveal what the exact figure was anyway.

 

I've just sent this to Barclaycard for Mrs ETR.

 

"I now understand that the regime of 'fees' which you have been applying to my credit card account in relation to overlimit and late payment and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I estimate that you have taken £1704.00 in overlimit and late payment penalties. These figures are based on statements supplied to cover the period 20th May 2004 to 3rd April 2006 and reasonable estimates over the previous 2 years and because of your banks inability to supply me with the correct information on transactions on my account. My request was for a schedule of all the charges applied to my account with appropriate descriptions for the past six years – in short a list of charges with dates and amounts - alternatively a complete set of bank statements for that period would have been acceptable. In the interim period I will be sending a copy of my letters and your response(s) to the Information Commissioner for your failure to comply with the DPA request.

 

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity -caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Yours faithfully,

 

Mrs ETR

 

------------

 

Hope this helps

[Mogullen]

good luck with it. I am in the same situation come next week. And I think will just send the prelim letter with estimate and see how I ghet on. Am looking forward to the challenge as I like a day in court beats the telly anyday.

[khronus]

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