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BARCLAYCARD GROUP D P A ACTION- whos with me?


lynzpower
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Hi there all ,

 

A quick folow up.

 

I have got some sense ( if you can call it that) from the ICO just now

 

I have clarified that yes, group action is allowed.

 

However for case law to be made it has to be outside of the small claims track.

 

Waiting for clarification on this from my law centre ( unless anyone here can advise)

 

BUt IM ready and raring to get this baby into court, lets see how b/card defend ( or not turn up, whatever) this one.

 

As abbey have shot themselves in the foot and the more I read about mircrofiche on this ere interweb, the more I am convinced, that we will not lose this one, but case law MUST be made sooner rather than later In my opinion. #

 

Im happy to lead on this one, but I believe a group action is just what we need. plus it saves us all going to court seperately and might reduice the cost burden for individuals. PLus it might just get in the press- which I would love. :)

 

Add your names here if you are interested, maybe we could work on getting a e-group via msn or yahoo or something to chat over what we need to do.

 

If there are any issues im not aware of do speak up now, and lets see what we can do.

 

lickthewallfatboy? YOU IN??

 

Mods please dont merge with my other thread, otherwise many wont see it.

Also done a new post with this link at the top of b/card forum

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Hi all!

 

Lynzpower,I note that you mention the class action is not allowed under the small claims.

 

 

In my view:

 

1.I feel that we need to get some sort of leave from the courts to be able to persue our claims against the banks who have endless financial resources whether b/card or otherwise.

 

or

 

2.Maybe the court action(which we would need to discuss the

strategy) and possibly get injunctions to compel the ICO/OFT to put sanctions on finance companies for bad practices i.e.incomplete DPA requests,creditor/debt harassment and stalling tactics in refunding monies they should have never taken off consumers in the first place etc etc etc!!!!!!!!!!!

This legal action should be non-confrontational in order to have the OFT/ICO working with us rather than against us because we are very concerned about how finance companies flout the laws and thus are in total contempt of the laws.

 

So in brief,maybe any class action should not be against the banks but the ICO or OFT - which any action should qualify in my view for legal aid and regardless of people's means.

 

 

This would be because there have been failings along the way - ICO or OFT as regulators.Also,as there have not been any remedies put in place albeit the recent announcements.

 

Anyway,this is my 2 pence worth.

 

Also,consider me in!

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thank you for this N4 banks

 

I have been swung all around the houses today.

 

Basically as it goes, the small claims route, can get a group action no problemo, although it DOES NOT create case law which to my mind is the issue at hand

 

If we could get this in front of a judge and b/card have to state how the microfiche is ordered and lets face it filed, then fine. It will create case law, even if it is limited in the way that says, microfiche is a RFS Which will of course knock this stalling tactic on the head once and for all.

 

I have spoken to bl**dy everyone today

 

1. the law society who gives me lists of solicitors none of whom will speak with me without me paying for it

2. community law centres dont deal with these issues fdocusing on housing/ immigration & the like

3. legal aid seem to be telling me we cant get anything as IM not on benefits, or low income ( altohugh most of my income is swallowed on debt repayments, but there you are)

 

Let me reply to your bit N4b

 

In my view:

 

1.I feel that we need to get some sort of leave from the courts to be able to persue our claims against the banks who have endless financial resources whether b/card or otherwise. ( how do we do this? Who would give us the answer to this?Does anyone know)

 

or

 

2.Maybe the court action(which we would need to discuss the

strategy) and possibly get injunctions to compel the ICO/OFT to put sanctions on finance companies for bad practices i.e.incomplete Data Protection Act requests,creditor/debt harassment and stalling tactics in refunding monies they should have never taken off consumers in the first place etc etc etc!!!!!!!!!!!

This legal action should be non-confrontational in order to have the OFT/ICO working with us rather than against us because we are very concerned about how finance companies flout the laws and thus are in total contempt of the laws.

 

the sticking point for this is that the ICO are stating that microfiche is a RFS. they also state that they are working with the banks to encourage them to comply with the act, but on the other hand stating that the microfiche issue will remain. I have put it to them that what robert said in my other thread that its the transactional data I need, i dont care about the statements " we are workig with the banks" "watch this space"

 

I dont want to sit around watching a space thank you , Id rather use the legal rights I have.

 

In any case Ill be setting up a invision board similar to this for us to discuss in private - if any mods want to give me some pointers on how to do so, that would be well useful.

 

I tihnk we do need to chat at length to make sure we are on the right lines

 

All the best

lynz

xx

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There, that's better (calam is my better half).. :)

 

I'm in like Flint on this one, though I have just sent them an estimated claim to try and speed up my own case.

 

Keep me posted..

Barclays - Total charges = £1285. LBA sent - 5 days to comply.

Barclaycard - Total charges = £516. LBA sent - 5 days to comply.

Co-operative Bank - Settled in full - £202.50 received 7 July 2006.

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Ok

 

I have invited some people to the forum as and when. If you have not been invited but are interested DO DROP ME A PM HERE and I will send you the link

 

there are only 2 of us seemingly chatting at the mo although someone else has joined but not posted ( andy? who are you)

 

 

It is Im afraid only for those whom are a) wanting to be part of the action

b) only for those who have hit the stage of being out of the Data Protection Act time slot.

 

Anyone who is aware of how to add chatr boxes to footers, please give me a yell im desperate to get this added

 

I will be online NOW, but only for a short time. We can agree I think a timeslot for discussion evenings may be better when it suits all of us. However that discussion will happen in the secret forum, not here obv

 

thanks to all interested

 

Come over/ send PMs etc

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Hi Lyndsy.

I just posted off my DPA with my 10.00 yesterday, (Tuesday) I have sent it to be signed for, and I expect them to have received it by Thursday 22nd at the latest.

 

I am probably looking for about 300 - 500 pound off them

 

As Bcard seem to have stalled on all other requests, then I don't know if to wait a while for there first respons, or to join the bandwaggon.

 

Your ideas please

 

Firebird

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Pretty new to this site, although I've been following it I've only just plucked up courage to do something about it, I thinkwe've all been taken for mugs for too long. Have not received my list of charges etc yet, possible due to my own fault for not enclosing the necesssary £10.00 fee, which I will do tomorrow. Will continue to folllow your link and will let you know of my progress. Good luck.

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OK

 

final appeal for the next few days

 

IF ANYONE is out of the DPA time.

 

IS NOT putting in an estaimated claim

 

IS wanting to look at the options for group actions

 

PLEASE PM ME HERE

 

I am almost at the stage where m wanting to crack on, so if you want to be on board then please let me know. I suspect we will start really threashing this out as of monday.

 

whomever Andy is whose registered could you let me know your username here please as well ( via PM)

 

thanks again

 

Lynz

xx

x

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I would like to join, however, at present still in 40 days. Posted original request on May 29th.

 

Is there anyone who got statements for pre 2004 before they started all this micro-pish we could use as precedent?

 

Is there anything I can do whist I am still in the 40 days to try and get my statements?

 

sarumane

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I only sent my DPA letter a week or so ago, so no reply yet. But if they come back with the pathetic 'microfiche' excuse then count me in! Will post again as soon as I know.

______________________________________________

Capital One - DPA sent 13/06 (MCard) - have acknowledged DPA request, say they will send info shortly....

Egg - DPA sent 14/06 (2 Visa Cards) - standard request for identification document received in response to Data Protection Act

NatWest Current A/C - DPA sent 15/06 -initial estimate of claim is £4,358 plus interest (to be calculated) :-D

Morgan Stanley - DPA sent 15/06 (Platinum MCard) - have cashed my £10 cheque...no statements yet...

MBNA - DAP sent 15/06 (Visa and MCard) - acknowledged

Barclaycard - DPA sent 15/06 (Visa and MCard) - acknowledged

Bank of Scotland - DPA Letter sent 16/06 (Loan)

Beneficial Bank (HFC) - DPA sent 20/06 (Visa)

RBOS - (Visa and MCard) - DPA sent 23/06

Natwest (Visa) - DPA sent 23/06

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