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Carpboy v Barclays.


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I think at this point, all your letters should be going to Churchill Place. That's where my non-compliance letter went, addressed to 'The Office of the Data Controller.'

 

Incidentally, it was sent 10 days ago, and there's no record of it being delivered yet.....!

 

:mad: :mad: :mad:

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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Thanks Darn3,will do .

Oneofakind...thank you as well.Is that 10 days the fault of the post office or Barclays at the receiving end not fwding to relevant dpt/personnel?

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It was recorded delivery, so it has to be down to Royal Mail.

 

I'll be starting a claim for my £1.04 back!!:p

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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Dammit! Does that mean I can't claim for the stamp, just 70p recording fee???

:D

 

Their time for reply on that particular letter is up, anyway (my SAR non-compliance LBA for older statements). I'll have to send another one....

 

:mad:

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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Whats the position if you have sent out an SAR,allowed more than 40 days,then sent DPA non compliance, allowed 10 days for a response received nothing and applied to the courts to get the Bank to comply.Obviousley youve incurred court costs etc ,and then lo and behold during your application via the courts your statements arrive.!Can you get the courts to stop proceedings and can you get back your costs.Thanks.

Carpboy

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Hi Carpboy. call the courts and tell them your statements have arrived. I am sure you can claim these costs back as costs you have incurred along with your £10 SAR fee, just make sure you have the receipts to prove the outlay

All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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Guest louis wu
Hi Carpboy. call the courts and tell them your statements have arrived. I am sure you can claim these costs back as costs you have incurred along with your £10 S.A.R - (Subject Access Request) fee, just make sure you have the receipts to prove the outlay

 

Agreed, although the £10 Sar is never put on any paperwork, or is it part of your claim.

 

I think I would be inclined to call your bank, and ask for a refund of the court costs. Should they refuse, I would add it to your claim, and include it in all paperwork. The chances of going to court are negligable, so it should just make part of the full settlement they offer you at a later date.

 

Louis

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Guest ChloeJane

Hi,

 

It is good that you have received them, however to have been forced to take the action that you did for their non compliance it has taken you time and effort to file and costs for lodgement.

 

When you are sending your first letter of request for monies back you need to include these costs and I would claim for your time as you can under the data protection act, claim for costs incurred for non compliance by a company is your right and there is provision this.

 

Insert this bit in your first letter when you request your fees back.

 

the template letter when you have worked out your figures now you have your statements is here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

 

Under the section your responsabilities section I would add:

 

Failed data request

 

Furthermore I draw your attention to your failed responsability under the Data Protection Act to have supplied me with the information that legally I was entitled to.

 

A formal request under Section 7 of the Data Protection Act was made on xxxx, a second letter of non compliance was sent on xxxx. On both occassions you failed to supply my information which forced me to file in court and incur charges of £xx.xx and my time, 2 hours @ £9.25 as a Litigant in person to rightfully charge for your failure to comply under the act.

 

** Then under the section of what I require add where it states the amounts and total.-

 

In addition and inclusive of the Failed Compliance to the Subject Access request a total of £xxxxx which is total amount of £xxxx

 

(add the amounts calculated plus the costs for filing and £18.50 and form new total).

 

Then proceed with the rest of the letter.

 

Good luck.

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  • 4 weeks later...

Once youve exhausted the preliminary ,Lba letters etc and go onto the court stage,is it better to go through MCOL or popin person to your local court.If you do the latter is it advisable to take any copys of letters ,cash etc to them on this ist visit.?Oh, and who do you have to see to make an application to the courts.Thanks everyone.:???:

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its a personal choice as to whether you mcol or use local court. With Mcol you have very limited space to give details of your claim and I therefore use the local court. Have a look at the FAQ section which explains how to complete the forms - you dont have to actually go in to the court everything can be posted.

 

good luck.

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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If you have a choice, it is always preferable to file using N1 at your local court. The two main disadvantages with MCOL are that your Particulars of Claim are limited to just 1080 characters with a maximum of 24 lines and you cannot attach the schedule of charges to your claim.

 

Both these drawbacks can create problems later on. The banks use these limitations of MCOL to assert, with some justification, that the claim has not been fully particularised.

 

Therefore I would strongly advise you to file at your local court. It will be transferred here eventually anyway.

 

You can download N1 here:

N1 Claims form in .PDF format with form filling

and POC's for the N1 here:

4. Particulars of claim - N1 - hard copy version

 

If you are on benefits, you may be eligible for exemption from court fees.

You can only apply for this at your local court using form Ex160.

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Guest ChloeJane

Hi there,

 

If you ask me, PERSONALLY I will always say the N1 is the way to go.

 

If you are entitled to fee exemption - or remission you can file the form at the same time of filing the N1.

 

So where is your local court? - click here to find out

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

 

Most courts have a specific area of the court to file - so when you get to the court it is a good idea to familiarise yourself of where you are and feel confident so ask when you get there where to file.

 

You do not take anything but 3 copies of your N1 ( a link below to help is a template version to copy) and your schedule of charges - which is your charges broken down into date, amount and type.

 

Links below will give you more to read up on so you can make choices.

 

INFORMATION ON FILING IN COURT

Fees

You can apply for an exemption through the court when you file your claim so it is worth a read and if in hardship, worth applying.

 

http://www.hmcourts-service.gov.uk/H...fl ets_id=172

 

 

Money claim online - OFFERS NO FEE EXEMPTION

5. Money Claim On-Line (MCOL) Particulars of Claim

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html

N1 at your local court. Preferred - fee exemption allowed.

4. Particulars of claim - N1 - hard copy version

 

Any questions, post back - hope this helps,

 

CJ

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If you have a choice, it is always preferable to file using N1 at your local court. The two main disadvantages with MCOL are that your Particulars of Claim are limited to just 1080 characters with a maximum of 24 lines and you cannot attach the schedule of charges to your claim.

 

Both these drawbacks can create problems later on. The banks use these limitations of MCOL to assert, with some justification, that the claim has not been fully particularised.

 

Therefore I would strongly advise you to file at your local court. It will be transferred here eventually anyway.

 

You can download N1 here:

N1 Claims form in .PDF format with form filling

and POC's for the N1 here:

4. Particulars of claim - N1 - hard copy version

 

If you are on benefits, you may be eligible for exemption from court fees.

You can only apply for this at your local court using form Ex160.

Great minds think alike albeit you win hands down on comprehensiveness !

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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Thanks chaps and chap ets.Will certainley be going down the local/n1 route.Sounds a lot more thorough and in depth.Im only doing this once so dont want to get caught out at the later stages etc as descibed.Thanks again.Will post my progress on the Barclays thread once we get moving.

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  • 4 weeks later...
  • 3 weeks later...

12 threads merged. Please keep all your progress on one thread.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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When completing form N1 ,in the box on right hand side of page where it says "court fees" would you add "allocation fees" (£100.00)as well as the normal fees? Not sure when youd get notice of allocation etc and i know that even if this doesnt take place and gets dispensed with the fee is still payable.

Confused!!:(

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No, allocation is added later if required. Should the court dispense with the AQ and your claim is over £1500 you will need to confirm the AQ fee is payable.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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no.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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