Bookworm v Barclaycard ***she's only been and won it! :-D***

[Robertxc]

I think the judge will mostly be interested in coming to the correct figure, whatever it is. I think the fact that they didn't provide the information when asked in a SAR will only become relevent if they try to have it thrown out for being incorrect. In truth though, I doubt they'd even try. Small claims is a fantastic leveller, and in my experience the judge/sheriff will focus most on 'seeking the truth' rather than legal technicalities. And if you think about it, small claims pretty much has to operate like that, because if it didn't, the average layman would get a good kicking from any professional litigation lawyer they came up against.

[Robertxc]

Something else to bear in mind, which is rarely mentioned on the forum. There is an assumption that if the bank defends your claim you will all go off to court one day and the matter will be dealt with there and then. The reality is quite different. What actually happens is that you case will be heard in four or five hearings spread over about six months. Which gives all parties ample time to get all t heir ducks in a row.

 

There's no doubt that the first time you go to court against a huge company it's a very scary experience. But actually, when you come out you wonder what the fuss was about. Most of what happens in court is simply common sense, and if you're a layman the judges usually do a pretty good job of making sure that if you lose it's because your argument was wrong, not your procedure.

[Bookworm]

Am I missing something here? Is it me?

 

To sum up, I asked B/card to refund me 2.6 k, based on their cr*p printout.

 

They replied, saying they only started charging for o/limit from mid 01, so my estimation was out of whack, offered me £60.

 

I answered last week, saying: ok, taking in that point (from 01) into account, still worked out 2.5k, prove me wrong.

 

Answer today: (now remember these people have claimed that my information is not covered under DPA, as microfiche)

 

1st, he encloses copies, clearly labelled "copy statement", clearly showing account number, name, account address. Now if that is not a relevant filing system, I sure as hell do not know what is. (they claim the microfiche is filed by date, btw)

 

Then, he says, that "on an exceptional basis", he has obtained copies of the statements frm december 02, but hasn't had a chance to retrieve earlier ones yet, and has reviewed the ones he has. For that period, says he, only 1 charge, which was refunded, and encloses copies of the said statement.

 

Therefore, surprise surprise, my calculations are wrong, says he. Accordingly, the offer of £60 stands, and is still open for me to accept.

 

He then proceeds to explain about DPA, bla bla bla...

 

I am currently seething at the arrogance of these people.

 

However, I think he may well at last have given me what I needed to go to the IC with it, (thank you, Mr Walker, if you're reading this!).

 

I will now unleash my last volley before launching court action. (shhh for now)

 

For those who wonder why I haven't followed our own forum guidelines, letter/letter/court claim, let's just say that I wanted to test a few issues first, and see what came out. I'm really not that fussed about the money at this stage, since I never expected to see it again anyway in the first place...

 

More as it becomes available...

 

.

[thecornflake]

Interesting. funny how things kind of 'turn up' when they suddenly get backed into a corner!

 

Good one for putting in the effort to try the different tactics - the microfiche argument in particular seems to causing a lot of issues so it would be nice to crack it.

[lynzpower]

bookworm

 

I await your outcomes as I too am having the same microfiche issue, just posted a similar question.

 

Feel like im banging my head on a brick wall here, and it aint pretty, Im going in a foul mood

 

All the best to you

Lynz

xx

[lynzpower]

bookworm

 

Do you think there is any point in phoning them up at b/card and saying to them, if you can give me my statements at £3 a copy then you blatantly have them there for me under the DPA

 

Or shall I just sue their asses? Dont really have the money to take this one to court as well, but will find it if I have to ? Its SO scandalous that they can even try to get away with what is one of the most used peices of legislation in the UK.

[Bookworm]

People have already written to them about it. I think they ignore that. So far, the only route left seems to be the courts...

 

.

[lynzpower]

have you ever called them bookworm?

 

I wish I had skype or Id record them using skylook, but alas I dont.

 

I might just phone them up now?

[Bookworm]

Nope. I'm a firm believer that whatever bull they're going to feed me, I want it in writing, this way, no wriggling room. I've had too many prats saying I had misunderstood, what with me being "one of them bloody foreigners an' all, know what ah mean, mate?" notwithstanding the fact that my English is probably 20 times better then theirs... I don't take chances any more...

 

.

[lynzpower]

i just spoke to them

 

Brief transcript in the other thread i just started

[joneshousehold]

Well Bookworm, this is an interesting development. Are you going to take this to the IC? Wonder what their answer will be?

 

If the IC do nothing are there other options for publicly embarrassing Barclaycard and revealing the true extent of the lie?

[Bookworm]

IC first...

 

.

[joneshousehold]

Good, go for it!

[lynzpower]

I'll follow your lead I think on this one Bookworm

 

PM me if you think theres anything specific i should add. im like a coiled spring on this one and dont want to cause a mess for the cause from being chaotic and angry

 

*takes deep breath*

[Kernowek]

Keep up the great work Bookworm... I think most here are taking their lead from you and I'll be subscribing to this thread to keep up on the news!

[mrfalconer]

Bookworm - I'm also having a torrid time with barclaycard and I'm reading this and other barclaycard threads with great interest.....

 

I hope that your claim is successful - The more you push, the more seems to be uncovered and comes to light for everyone on this site....

 

If you don't have one already, I'd suggest this one is stickied and moved to the top of the board!

[eiaddyo]

Bookworm - I've just read your complete thread from start to finish.

 

Fantastic.

 

Buoys me up no end for my relatively simple battle with Lloyds TSB.

 

But I have had several Barclaycards in the past - so with the benefits of your excellent efforts I'll tackle them next after Lloyds.

 

 

Again Well Done - you are an inspiration.

 

Nail 'Em

 

E.I.Addyo

[clarkey1]

Bookworm

 

How is your case coming on is it still on going?

[Bookworm]

To my great shame and embarassment, it is going absolutely nowhere fast, simply because I have not done anything with it... I have 2 small claims going at the moment, and found that between those, life outside the forum, and mostly the forum, I just couldn't cope with adding on. So B/Card is on ice for now, but not forgotten. Hell no. When I take them on head on, I want to be sure I give them my (reasonably) undivided attention.

[shahmh]

Hi Bookworm,

 

Have you heard anything back from BC? As your last entry on this thread was over 2 months ago. Look forward to hearing about your case with BC.

 

Cheers

 

shahmh

[mark casey]

just read your thread and came across you asking anyone about charges before 2001

well i have an unauth o/d fee £20.00 charged to account on 07 Jun 99

and unpaids out @£25 on 5th oct 99 Prior to this thay called it overdaft ussage fee and was £5

and all my charges start from those 2 dates so what they told you is utter bull and now you can prove it i can supply proof that they lied to you regarding that date pm me and ill fax or post copys to you

[Bookworm]

Right, well, putting my head above the wall, and resurrecting my thread.

 

I know, I know, I'm the one always telling people to stick their timetables, but what can I say... Too much going on in too many directions, sometimes, you have to pick your battles.

 

Anyway, I wrote to B/card before xmas with a narky letter about the ICO decision about Microfiche and to stop p...ing about. No reply. Silence. Is there any life out there?

 

Finally, 2 days ago, and 361 days after my SAR went, B/card have finally complied!!!

Well, when I say complied... Partly complied, they've only sent the info for one card and not the other. So another letter asking for info on card no2... Meanwhile, I am preparing my spreadsheet... As I had already sent them prelim and LBA on estimated amounts a long time ago, I can straight to court when I get the correct information, although I'll probably send them a reminder letter @ 7 days, just to refresh their memory...

 

Interestingly enough, quite a few charges may now have fallen behind the 6 yrs line, and I have no intention of letting them get away with that.

 

More anon. I promise!

[Bookworm]

I am a bad girl, have not been updating my thread.

 

Ok, let's see, got all info, sent revised LBA claiming just under £900, got letter today offering me £62, I kid you not. This despite the fact that I told them not to bother with the "difference between OFT £12.00 and charges" rubbish, it just shows they don't read our letters, doesn't it...

 

Claim going in as soon as I can get court fee together, hopefully next week.

[livelylad]

I am a bad girl, have not been updating my thread.

 

Ok, let's see, got all info, sent revised LBA claiming just under £900, got letter today offering me £62, I kid you not. This despite the fact that I told them not to bother with the "difference between OFT £12.00 and charges" rubbish, it just shows they don't read our letters, doesn't it...

 

Claim going in as soon as I can get court fee together, hopefully next week.

 

Please update your thread more often, this will allow me to guide you through the process!!!

 

*hides giggling behind the sofa*

[Bookworm]

*hides giggling behind the sofa*

 

*sigh*...