dar£n v B's beyond the thunderdome [ok 6yrs]

[dar£n]

it does look that way,

 

I have read cases which swing both ways, winning and losing.

 

the thing is with the pre 6yr, you have to be spot on with your POC's etc otherwise trouble

[lthomp192]

There's one solution then dar3n, you'll have to move to a different area untill the case is won. jokeing aside though that really should'nt happen, it should be a level playing field throughout the land.

[Micky the Hippo]

I've read that thread and very good it was too

 

He certainly didn't get CI but it acted as a valuable negociating chip, his claim was £3k odd to start with wasn't it?

 

The bank's keenness to avoid CI seems to have let the estimate portion of the claim slip through

 

I saw nothing there to stop someone going for CI, it sticks so much on that it leaves a wide margin for negotiation

 

Person needs to have his arguments ready for the judge though!

[dar£n]

sorry, micky, your relevence to my thread is?

[Micky the Hippo]

I slightly misread your post about the validity of pre six years as a post about the validity of CI after reading the dunnie thread linked a few posts above

 

sorry

 

my bad

 

although it was slightly relevant in that his CI claim rather acted as a stalking horse for his estimated pre six years claim

[b_the_jackal]

Hmm, will be following this with interest... I've submitted my SAR requesting everything back to 1995 as they've confirmed they have 12 years worth of info. This will be my first claim so I'm looking at all the threads to see if it's better to do the 6 years worth first, or all at once. And getting my head around interest!

 

Good luck Dar3n!

[dar£n]

21st May saw the deadline for the S.A.R - (Subject Access Request) to be completed.

 

As expected nothing!

 

Telephone call made to Barclays Customer Relations [0207 7116 1000]

 

Spoke to Elizabeth Davies.

 

Very apollogetic and made out I should wait a few more weeks.

 

I suggested they get their finger out as I will allow a further 7 days due to the overwhelming demand, but following that the formal complaint will be made to the Commissioner and court action will commence regardless.

 

Her reply was, she will re action the request and I should receive within 7 days, but advised I may receive two sets of statements.....Oh well, saves on photocopying.

 

Lets see what happens next.

 

 

 

on an unrelated issue:

Are you sick of getting those annoying telesales calls in the evenings etc?

try this.

Your Rights - Privacy and Electronic Communications

[Bookworm]

Right here is the first wave of doubt,

 

I have read on here, a thread where the case actually went to court and the judge [Dickinson] booted it out cos ALL the charges claimed were pre 6 yrs.

 

This judge would have been the same one I would have got in my claim #1 so the chances are he will be again...

 

Im wondering if he is of the 'old boy' school and cant see past his glasses and will throw mine out too.

 

So, claim in another court.

 

If you go MCOL, Northampton allocates to court closest to you, but in your case, you'll have to go down the N1 route anyway, as MCOL is only for straighforward claims. If you're worried about the judge (depending where you are, that might not be an issue anyway, as there could be a whole bagful of them! My local court has about a dozen), there is nothing stopping you from filing in the nearest town. Ok, it means travelling a bit further, but could be worth it. ;-)

[lthomp192]

Well done dar£n see you are still on tha ball. Watching and waiting. Regards B.T.

[CAZKATJOE]

Hi Daz,

Watching with interest, when my claim is settled interesting to see how much they have taken.

 

So I may hang around a bit longer, bet you thought you'd got rid of me LOL

Caz

[dar£n]

25/05/07

Freakin idiots...sent the statements dated back to 2001.

 

How DOOOOO these people run a business??

 

oh well next stage:

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

 

template 2 on its way Monday..

 

Ohhhhh the joys

[Shuff]

Barclays are ace, Rang up to get the direct debit date changed for my loan with them, they said fine that's all sorted. The original day came and they took the money making me over drawn. Rang them again they replaced the money and said it is definately changed now. A few days later I get a phone call form barclays saying that I missed a loan payment, it took me about half an hour ro explain what had gone on the the numpty on the phone, who then went on to say I was overdrawn when I wasn't. Roll on to when I get my money and I can leave them.

[Micky the Hippo]

my second SAR asking for pre six years explicitly and pointing out that I already had the last six years for both accounts was answered with an envelope containing the last six years for one account only and no covering note of any kind

 

forgot this thread, watching, good luck

[Micky the Hippo]

Barclays are ace, Rang up to get the direct debit date changed for my loan with them, they said fine that's all sorted. The original day came and they took the money making me over drawn. Rang them again they replaced the money and said it is definately changed now. A few days later I get a phone call form barclays saying that I missed a loan payment, it took me about half an hour ro explain what had gone on the the numpty on the phone, who then went on to say I was overdrawn when I wasn't. Roll on to when I get my money and I can leave them.

 

they're all pretty much as bad as each other, lots of the junior staff seem to be half trained and best and ignorant with it, the days of banks having any personality or culture seem to be over

[lthomp192]

dar£n, am i right in saying, it mentions on template letter No2 "Data Protection Act 1998" if you are claiming back further than this point say to 1995, shouldn't that part be replaced with the previous act. was it 1977 or something.

[Micky the Hippo]

hippo's going to have a wild and uneducated guess that the 98 law replaces the previous ones and backdates

 

wait for the great one for the real answer natch

[lthomp192]

Thanks for that Micky, it's an obvious answer isn't it, it pays to have a legal functioning mind doesn't it, well done you, i'm just following "dar£n's" lead here, i'm thinking of claiming beyond 2001, so am just watching and seeing how it all works and picking up on things i don't quite understand.I might start ball rolling pretty soon actually, now i've got first one under my belt, so might see you all again soon. Regards B.T.

[bozzie]

Hi dar3n

 

Bit of a pointless post really but just having a read an im really interested to see how this goes for you...

 

And also to show support as you have been a mine of information for me!!

 

Right im getting my pom poms out now GIMME A D, GIMME AN A, GIMME AN R, GIMME A 3 GIMME AN N, WHAT HAVE WE GOT....

 

Lol

 

[dar£n]

Thanks Bozzie, ni it wasnt a pointless post, everyone needs a boost every now and then dont they and it is nice to read that people are following my thread, even if it is only to see what happens for their future claim.

Its nice to have people behind you with pom poms. LOL

[CAZKATJOE]

Hi Daz

 

Just checking in to see how things are going !!!!

 

Good luck hope things get moving soon

 

Caz

[dar£n]

Hi Caz,

Hope youre still smiling!

 

My claim #2 is stuck at the mo, got to try and get them to release the info still, so im still no further than the SA.R point.

Going to send the letter of non compliance on Tuesday

[CAZKATJOE]

Yep huge smile, and just a total feeling of calm and relaxation, except for trying to book a holiday, we were going to go to Florida on 21st June for 2 weeks, but someone just told me they went a couple of years ago in June and it rained almost every day for two weeks, so tht is my new headache

 

What a lovely headache to have, i am loving this headache and enjoying every moment.

 

Still watching to see how things go, so I may join you in your hunt past 6 yrs.

Caz

[dar£n]

Doesnt look to bad at the moment:

Weather Center - from TBO.com

 

This one looks like it would be useful to you:

Inside Florida: Weather & When to Go - TripAdvisor

 

Visitors come to Florida all year 'round for its popular family resorts and beaches. The winter and spring may be the most popular time for people to visit, but great deals on airfare and hotels can be had during the summer months when tourism numbers are down.

[dar£n]

Decided to send this letter to Elizabeth Davies with a slightly different angle.

 

To be sent 29/05/07 Recorded Delivery [of course....\0/]

 

Data Protection Act 1998

Subject Access Request – Non Compliance

Dear Miss/Mrs Davies

 

Following my conversation with you on 23/05/07 concerning my recent request .

You have failed to comply with my Data Protection Act Subject Access Request dated 13th April 2007.

You have supplied me with records dating back to 2001, in my original request I request the data backdated to 1993.

Here is the extract from my original letter.

“Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable dating back to account opening in 1993. It has been brought to my attention that you do hold these records and I am entitled to them.”

Please do not quote the Limitations Act as I am confident I can argue the fact to my advantage.

 

However, if you are willing to repay all charges made to these accounts from the date of opening up to Jan 2001 then no further action will be taken.

 

I am willing to allow you a further 10 days from the date of this letter to provide the information before I continue action with the Information Commissioner and Her Majesty’s Courts.

 

This letter will be included in any court documents required to show I have made reasonable steps to reach an agreement without involving the courts.

[lthomp192]

Morning "dar£n" i'm assuming you 're sending this letter instead of the "reminder" you would normally send?? Looks impressive, well done you, (they must be saying at Bs, "oh no not him again") following with a great deal of interest and wish you all the very best, thanks for keeping us all updated on your progress and also for shareing with us your knowledge in this field. it is much appreciated especially by me.

Regards B.T.