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

[oneofakind]

how many sets is that, Dar£n?

 

I've got 3 so far....saves on photocopying if nothing else!

 

[dar£n]

1120hrs:

T/c rec from Chris Day.

Chris

"sorry you are not happy about not receiving the statements....we are very busy"

Me

"so busy that you dont have time to READ the original S.A.R's and what people are ACTUALLY asking for....I have asked for data going back to the date the accounts were opened..."

Chris

"erm right is this in connection with reclaiming charges? "

Me

"LOL"

Chris

" well we dont actually print data off going back that far from here.....but because you have been messed around I will do it now for you"

??????

"you should receive statements going back to the date of opening for BOTH accounts in less than 7 days"

Lets wait n see.

[dar£n]

Seven

[lthomp192]

Well done dar£n, i can see we are all going to have this same problem, you are very good in pointing the way, so it seems from day one there is going to be aggro, at least with you pointing the way we will now what to expect. again well done mate.

[MoneyKing]

comical.. I say why not get barclays to open up a comedy club, we would be so rich! Everyone would be besides themselves with laughter. As long as we follow a long standing tradition and charge for everything even things like 30 pounds everytime you laugh (we are providing the people with a service after all!

[CAZKATJOE]

excellent, well done Daz. Success at long last, mind you no statements on your doorstep yet. Lets all keep everything crossed and hope for once they are telling you the truth and you get them in the next 7 days.

 

Good luck.

[Micky the Hippo]

hmm

 

I got the last six years again in reply to my SAR specifically asking for pre six years

 

anyhow called Customer Services on 0845 7555 555 and was put through to a pleasant woman in 'the relevant department'

 

she confirmed that the account was opened in 97, freely confirmed they held 12 years statements and told me she'd actioned the statements and they'd go into the post tonight

 

all very easy ...

 

shall I hold my breath?

[dar£n]

hmmmm interesting

I was told they would print off mine from the date of opening also .

 

however, this was 1993 [14 years]...jesus I feel old now!

[Trucker]

Daren

 

Letter Received yesterday from B's

 

Dear Mr Trucker

 

Further to your recent complaint regarding non receipt of statements, you advised us that you require copy statements from 1989 to 1998.

 

I can confirm that we are unable to provide data prior to 1995 as we are only required to hold data for up to 12 years.

 

Blah blah blah

[saintly_1]

You feel old Daren ..... my account with B's was opened when i got married 1987 .... ....

[tezl]

hull again ,just on radio, 44 cases struck out? have you heard anyhing darren?

[saintly_1]

tezl they havent been struck out ....... the case isnt heard till July 4th

BBC NEWS | Business | More bank cases face strike out

[tezl]

tezl they havent been struck out ....... the case isnt heard till July 4th

BBC NEWS | Business | More bank cases face strike out

thanks o calm one must have caught part of it.

[dar£n]

I have just sent an email to that reporter:

Ref your recent article

"More bank cases face strike out" [13/06/07]

 

You write:

"customers who believe they have been illegally overcharged"

 

Can I just say that as an active member of CAG.co.uk It is wrong to state that we believe the charges are "illegal" but we do claim they are "unlawful". We can not say they are illegal because nothing has been proved to say so. There is no basis to their structure and banks are fully aware of this and cannot defend so they are unlawful.

You write stories about judges throwing cases out against the claimants, well what about the judges throwing the banks out due to the blatant abuse of the legal system. We have written confirmation from Litigation Teams that they FULLY intend to settle the claim BEFORE it gets to the court room

 

Not only that cases being thrown out in the small claims court DOES NOT set a presedence for all other claims and this should be clearly stated. Thes people just want what is rightfully theirs. If they withdrew £30 more than they were entitled to doesnt the bank ALWAYS get it back?

[saintly_1]

Hey Daren here for the nightshift ..... does that mean i can go to bed now

[dar£n]

Anyway back to more important issues,, MY claim!

 

Those of you following will know that yesterday saw me on the phone to my NEW 'case worker' Chris Day.

 

We discussed a few things and he claimed he would get things sorted.

 

Todays post saw a bundle of statements sent from Liverpool [Chris's base]

These dated 1998 to 2001 with a covering letter:

I am aware that you requested your statements to be sent from the date both accounts were opened. 1993 & 1996. These dates are archived, so I am unable to enclose them today....I have now ordered the required statements for you and these will be sent under seperate cover.

 

Well give that man a ceeeegar [but dont let him light it yet!]

 

prob, is now, i was more well behaved back then and me charges are not as much as I had expected.

 

Oh well my money is my money and I want it back thank you..

[saintly_1]

Go Daren Go Daren *\o/*

[dar£n]

thanks chicken.

 

youre work here is done for tonight off to bed with thee..xx

[dickeggsy]

i like dem pom poms

[tezl]

I have just sent an email to that reporter:

plus interest.

[bgqs]

Why not just take them to court for non-compliance with the DPA ? I did and they paid my DPA claim straightaway...In fact, I coupled it with my charges claim as well....Barclays legal dept. is very accommodating once your case is assigned to a legal exec.

[dar£n]

25/06/07;

T/C to 0845 609 0806

on hold, in a queue for 5 mins [annoying music]

Adviser 'Donna' takes details for security clearance.

On hold for 5 mins

Donna claims she cant get through for some reason.

 

Request to have Mr Day phone me back asap.

 

"Sorry cant do that but will put a note on your file to say you have phoned today."

 

very polite, but totally useless.

 

my bundle is getting thick already [ooh er] and I havent even sent in the prelim letter lol

[tezl]

plus money they make from 0845 number keeping you on hold?

[dar£n]

Was just about to send in the prelim based partially on estimated figures, when I received this email:

Complaint to The Information Commissioner’s Office about unfair penalty charges and your subject access request to Barclays Bankfor information held as part of credit card/bank account statements.

 

Is a subject access request necessary in order to reclaim any unfair penalty charges?

No. Information from credit card/bank statements should not be needed in order to reclaim any unfair penalty charges from a financial institution.

 

Following an Office of Fair Trading (OFT) ruling about ‘unfair penalty charges’ relating to credit card accounts, the number of individuals making subject access requests under the Data Protection Act 1998 for information held as part of credit card statements has increased significantly. Although the OFT ruling only relates to credit card accounts a number of individuals are also making subject access requests for information relating to other financial services before attempting to reclaim any penalty charges associated with them. Many financial institutions are struggling to respond to these subject access requests within the 40 calendar days permitted. We are aware of this and are monitoring the situation closely.

 

What’s the best way to reclaim penalty charges?

The Financial Ombudsman Service (FOS) is the most appropriate organisation to assist you when seeking to settle disputes about unfair penalty charges with Barclays Bank. The FOS can be contacted on 0845 080 1800 Monday to Friday from 9am-5pm.

 

The FOS was set up by Parliament as an independent, free service for settling disputes between businesses providing financial services and their customers.

 

Complaints about unfair penalty charges fall outside the remit of The Information Commissioner’s Office. This is why we are unable to directly assist you in seeking the repayment of these charges.

 

What will the Information Commissioner’s Office now do with your complaint about the failed subject access request?

We acknowledge that in pursuing the unfair penalty charges a valid subject access request was made to Barclays Bank and although the information requested may not be needed to recover any unfair penalty charges, financial institutions are still required to provide it.

 

From the information you have provided to us it seems unlikely that Barclays Bank have complied with their obligations under the Data Protection Act on this occasion as they have failed to provide you with the information to which you are entitled.

 

We will therefore be writing to Barclays Bank with the details of this complaint. We will ask them to ensure that they provide you with the information you are entitled to as a matter of priority. Furthermore we will ask them to take any steps necessary to ensure their future compliance with the Data Protection Act.

 

What happens next?

We would now recommend that you contact the FOS if you wish to begin the process of reclaiming any unfair penalty charges. If when we contact Barclays Bank there is any doubt as to whether they received the subject access request you sent to them we may need to contact you again. However, in most cases, and certainly where you have been able to provide us with proof of postage or receipt for your request, we would not expect to need to contact you again and you should await the receipt of the information to which you are entitled from Barclays Bank in due course.

 

If you would like any further clarification having read this letter please contact our Helpline on 08456 30 60 60 or 01625 545745 if you would prefer to call a national rate number.

 

 

 

Sent a reply instructing them to 'kick ass'

[saintly_1]

Well there goes Barclays excuse of it being 40 WORKING days that they have ... this is something they have been telling people in the last couple of months nice to have it official that its calander days