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

[dar£n]

Checked Royal Mail Tracking Service.

 

Letter not signed for.

 

Okay Im going to assume they have lost it cos I paid for a service to include a signature at the delivery address, they have failed to provide this.

 

Completed P58 form_inland_HHv2.indd 1 for compensation of £34 std.

 

To be hand delivered to Post Office Friday 20/07/07 and guess what I want a receipt too...LOL

[dar£n]

okay here we go

25/07/07

I am very disappointed that you have failed to respond positively to my letter of the 25th June 2007 . and to the lack of personal attention you have given this matter due to the severity.

You have referred my query to only ONE account but my letter clearly states there are TWO accounts in dispute.

You have replied by using a very standard template letter as seen by thousands in the same situation I am.

I am a member of a well known organisation that is currently highlighting and helping others reclaim their charges taken from banks such as Barclays so I am fully aware of what your procedures are and the template letters you use

 

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law and contrary to 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 previously stated, I calculate from the data that you have provided for the period from 1998 to 2001 that you have taken £XXXX

Additionally, as you are repeatedly failing to comply with my request to provide the remainder of the information despite numerous requests and complaints to the Information Commissioner, I will estimate the remainder as an average taken from the data provided.

This amounts to £XXXX

 

Total £XXXX

 

I am enclosing a second copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 25th June 2007

 

I realise that you will not agree with my legal analysis that the charges levied to my account amount to penalty clauses and are deemed unfair. I do however recognise the fact that the sum at issue between us is relatively modest and as such, it is not cost effect for either party to take the matter to trial. Therefore in order to avoid the inevitable time and cost associated with pursuing the claim to trial I am willing to settle the claim upon repayment of the charges applied to my account, together with statutory interest totalling £XXXX.

This amount will be subject to further costs if court action is required

 

Only once in receipt of cleared funds will I then discontinue all action against Barclays in connection with this claim

 

I require repayment in full of this money and 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.

 

You are also reminded of my request that you forward a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and your continued failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

This letter of correspondence along with the attached document will be used in my court documents if necessary

 

 

Yours faithfully,

[lthomp192]

Well done dar3n, you're like a dog with a bone, surely they can't string it out much longer, they're going to get so fed up with you they'll end up begging you to take the money. keep up the good work mate i'm sure you'll win in the end.

[Bob_and_Wendy]

We have just received two envelopes with about 5 years of overlapping statements covering around 7 years. Does anyone know how far back Barclays keep records?

[dar£n]

We have just received two envelopes with about 5 years of overlapping statements covering around 7 years. Does anyone know how far back Barclays keep records?

 

 

as long as your account is active their records go back to the date of opening.

if it is a closed account it looks like 12yrs but this is being argued at the moment.

 

cheers thompy,, i do try...

[dar£n]

Todays email from ICO

Re: Subject Access Request – Barclays Bank

Further to your email of 31 July 2007, the decision has been taken to pass your case to our Regulatory Action Division for further consideration.

Your case will be reviewed by one of our Remedies Officers. However, I should point out that we do have an amount of correspondence awaiting allocation to this department. We will however make every effort to give you a substantive response as soon as possible.

[lthomp192]

See you're slowly edging forward "Daz" (good job you're a patient man) they are moving along, but slowly makes you wonder who's side they're on at times?? keep up the good work mate, we're all keeping an eye for future reference. Good Luck.

[puddinpie]

Dar£n

 

I had exactly the same problem as you .........I sent 9 letters in all requesting the data and 6 letters of complaint. I am now the proud owner of 8 complete sets of copy statements from the past 6 years.

 

My last letter was written in capital letters throughout with the dates I was requesting in bold font and underlined.

 

Finally they have sent me copies of my statments back from 1995 which is what I asked for. It has taken them 5 months though.

 

Had a very apologetic letter from Barclays..........still not good enough though. Just the usual crap that they are snowed under with requests ......she has practically admitted they dont read the letter just assume that it is 6 years worth of statements you are requesting ......

 

So keep on pestering .......

[dar£n]

thanks AGAIN thompy...

Pud, if youre going for the lot make sure you know everything about SOLA and ANYTHING thats connected. keep posting and we will keep each other informed and pass on all relevent info to help our claims.

[dar£n]

03/0807 from the Information Commissioners Office

I write further to Miss Donoghue’s email to you of 2 August.

I have today contacted Barclays Bank with the purpose of obtaining an appropriate remedy in respect of your complaint. I have requested Barclays Bank to provide me with a satisfactory response within 7 days.

I will write to you again in due course.

Yours Sincerely

Mr Dewi Bellis

Remedies Unit Manager

Regulatory Action Division

[dar£n]

Okay,,

We cant get them in court disputing the charges.

 

I am thinking about taking them to court for non compliance of the DPA SAR which they are clearly at fault. even the ICO states.

 

So I get them in court and my compensation/costs should equal the same amount of my claim right?

after all, if they HAD complied with my request in April, I would have got my claim in court and settled BEFORE the OFT announcement.

 

Anyone with any ideas on this, pipe up and we can try and get them by coming through the back door.

[clubber]

Its a leap dar£n but hey we are all in new territory here- bit like the banks it took them a while to balance the homeostasis of their company which up until 27th July was haemorrag (bleeding) money from every hole.

 

Consider CPR 27.14 relating to costs. (also 44.9 and 44.11 relating to costs before allocation)

 

27.14 (g) 'The court may not order a party to pay a sum to another party in respect of that party's costs, fees and expenses, including those relating to an appeal, except-

(a-f)

g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably.

 

Realise you would have to get into court first but may be I can offer some assistance witht his at a later date.

 

Keep on Keepin' on!

[dar£n]

Update time.

A long time ago many of you will remember me sending in an SAR for TWO accounts for ALL data held on BOTH accounts since the date of opening.

 

As you will recall I have been chasing this request ever since but only getting data going back 6 yrs

 

Ok got fed up, complained to ICO who ordered the bank to issue the requested information.

 

TODAY..........................

 

I received........................................

 

an envelope containing..............................

 

another six year bundle ......................for ONE account.

[lthomp192]

They must be takeing the p¬¬¬¬¬¬¬s they seem to have got a bit cocky since all this "OFT" thing started up, they were on the run before that, now they are employing stalling tactics more and more. keep them at it dar£n, i'm sure you won't give up, they'll tire before you do i bet.

best of luck mate.

[pjdavies2000]

surely you can soon just go in there yourself and take the bloody information!!!!!

 

Would be interesting to see what a judge would make of their complete disregard of the law - AND because its not really about OD chares, what they would do!

 

Keep 'em coming Daz.

 

Peter

[pjdavies2000]

Dar£n, not sure what your knowledge of threads outside the barclays domain is, but this may make interesting reading:

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-426.html#post1071809

in response to the crap you are getting from Barclays and what the ICO have [not] done for you.

 

Peter

[saintly_1]

Is that 8 sets that you have now aquired ?

[dar£n]

LOL..Hi sweetheart, nice to see you one my thread again....

believe it or not, including my original claim, I am now in possession of TEN thats............ TEEE .......EEEEE ..........ENNN.

[saintly_1]

i know . ive not been around much Mum was taken in hospital she's ok but running ragged trying to look after dad and keep the kids fed here and visit mum plus all the usual housework i manage to snatch a few mins on here inbetween lol

[dar£n]

And today we have.............................................

 

Another 6yr bundle................LOL

 

at least theyre consistent

[pjdavies2000]

Pretty soon you will be able to start your own data protection company and charge Barclays £10 every time they want to contact you!

 

Peter

[bgqs]

dar£n,

 

As I have said before, there is a set procedure for obtaining statements pre-6 years. You need to email either Matthew Seeley or John Varley and threaten action against them for non-compliance of the DPA.

 

I received mine next day recorded delivery and am about to pursue a claim for approx. £600

[dar£n]

letter today from ICO

Barclays Bank has advised me that it sent you a copy of statements on 13th April and 11 June 2007. However, in view of the fact that you claim not to have received the information, Barclays advise that it will re send you the statements.

 

I do not intend to take further action I will now close your complaint file.

 

DEWI BELLIS

 

Nice of him to be sooo considerate. friggin tit

 

question....how did they manage to send out my statements on 13th April when that was the date I sent in the SAR.....We ALL know Barclays dont work that fast...c'mon!

[dar£n]

my reply

Mr Bellis

 

i received your letter dated 9th Aug and I am disappointed with your response.

 

You are prepared to 'Close the Complaint' purely on the ground that Barclays 'ADVISE' they will resend the information.

 

Once again,

My complaint is for NON COMPLIANCE OF THE SUBJECT ACCESS REQUEST.

In my request of 14/04/07 I request the data for two accounts back to the date of opening.

Barclays have failed to do this by only providing information backdating to 2001 [6 years].

 

Despite numerous emails, letters & telephone calls to both Barclays and Information Commissioners Office this matter remains unresolved.

 

This issue is being included in my court claim and all correspondence will be used as evidence to support my claim for non compliance.

and breach of the Data Protection Act 1998.

[dar£n]

Todays reply from ICO.

Re Barclays

 

I have today received confirmation from Barclays that it will provide you with all statements which it holds.

 

However, I should point out that Barclays only holds statements for 12 years. As such, you will receive statements from 1995, not 1993.

 

I now intend to close you file. If you do not receive the statements please contact me again.