PRINCE V's BARCLAYS

[Super Saints]

Hi all,

 

I have just won my 1st claim against Nationwide so am now ready to go for Barclays. This bank caused me all sorts of problems while i was off work due to a broken leg, (being self employed not a clever thing to do i know) and ended by then closing all 3 accounts after 15 years of banking for going heavly overdrawn and not being able to pay money in. How kind and understanding of them.

 

I have sent my S.A.R letter to them and this morning got this reply letter. I have copied the content below as i found it strange that they have sent my £10 cheque back with it and was wandering if this is their normal procedure??????

 

Dear Mr Prince,

 

We refer to your letter dated 24th Oct 2006, which was passed to this department for comment due to your request for certain information, relating to bank charges, under the terms of the Data Protection Act (Data Protection Act).

 

Please be aware that the bank is not under an obligation to present information according to any particular format. Therefore, your request to assemble a schedule of charges is turned aside. You may of course obtain this data from copy statements and these will be supplied to you within the next couple of weeks without charge on this occassion. As the Bank is providing the copy statements on a complimentary basis your payment is returned herewith. We would advise however, that some statements information arising from the period prior to and possibily during 1999 to 2000 is manually stored in the form of microfiche and does not fall within the data sublect access provisions of DPA.

 

As regards your mention of "manual intervention" the DPA does not oblige the Bank to comment about internal policies and procedures. Furthermore, in the context of managing day to day transactions arising from out of order accounts, the Bank does not hold the information you have requested in a form that would be covered by the DPA. Whilst aggregated information is retained for statistical purposes, this would not constitute "personal data" under the DPA and therefore would not be covered by a s.7 DPA subject access request. For the avoidance of doubt, the fact that we do not generally record information in a way that is caught by provisions of the DPA, is in no way an admission that there was no such manual intervention.

 

Yours sincerely,

xxxxxxxxxx

p.p Peter Townsend.

 

Can some one tell me if this is the normal responce (getting the £10 fee back) and do i just carry on with the Prelim letter when i have worked out my charges from the copy statements?

 

Lastly how do i do this if the statements fail to arrive within the 40 day period??

 

I know people are busy with their claims so i am really grateful for your time and advice, the more i learn the more i will willing pass onto others.

 

Kind regards Mark

[jendoc]

Hi...Yes its just thier standard response letting you know they will not itemise their charges for you but will put the onus on you to do it yourself when you get the copy statements........Just continue as per your previous suit against Nationwide and continue to check for advice and info here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Best of Luck,

 

Jendoc

[Super Saints]

Hi Jendoc,

 

Thanks for clearing that up and your quick responce. Will follow your advice and post more as things happen.

 

Mp

[Super Saints]

Hi all,

 

An update on my progress against Barclays Bank.

 

Just to let you know i received my statements on the 4th November and have now worked out my unfair charges. It was the first time in my life i was looking at my statements with the hope there was a charge on it lol

 

I have sent off my prelim letter today (6th Nov) and will update post when i get a reply.

 

I have not received any details on my loan which was also requested on the SAR, should i phone to see why i didnt arrive with bank statements or has oneone got a better suggestion???????????????

 

Please advise, Regards Mark

[un1boy]

Hiya,

 

I know what you mean - I used t hate getting letters from the abnk, now I 'm going home hoping for them, lol....and I wa disappointed when I only had a fewcharges on my accounts.....hehe

 

I would wait for the laon account statements - often they are dealt with by different departments so wait the 40 days and then hit them with a DPA letter before action!

[Super Saints]

Hi again Un1boy and any readers,

 

I will hold fire on the loan then and wait the 40 days (4th Dec) before acting on that. Nationwide were very quick to act when i followed this procedure does anyone out there know if Barclays are the same or do they drag it out. It would be much cheaper for them to pay me (plus it would be nice to get money back before xmas) now before the interest gets added on but i guess they hope that people give in. Barclays get your money out Nationwide refunded now its your turn.

 

Please feel free to post your views,

 

Regards Mark

[Super Saints]

Hi all,

 

Quick update -

 

Barclays Received my Prelim letter 7th Nov 2006 (day after it was posted) and i have received a letter back which i guess is the standard reply as they must be getting bombarded with refund requests. lol

 

Some of the content was as follows:-

 

Thank you for your letter received at this office on 7th Nov. (Thanks for telling me that your 14 days have started)

 

..we will endeavour to respond to you within timescales outlined in your letter, we cannot guarantee that we will do so. (best do or my LBA will be on its way)

 

... we do aim to find a solution within four weeks ( just pay me what you owe then and solution will be found in days not weeks )

 

.... full report or update on our progress will be sent to you within 8 weeks ( whatever, i will be ready to see you in court by then)

 

Who do they think they are kidding with a responce like that, they must know by now that we are not going anywhere and they may as well pay up and save themselves the interest and court costs.

 

Will be sending my LBA on 21st and update you all then.

 

Mp

[un1boy]

Good, good, seems like you've got it all in hand.....look foward to ur next post!

[Super Saints]

Hi all,

 

Quick update.

 

LBA has been sent (Recorded of course) as i have had no further letters

from Barclays.

 

Lets see what happens after they get this letter. I guess not alot and i will start getting my MCOL ready for them, 14 days and counting.

 

Regards Mark

[Super Saints]

hi my LBA leter, hope this is ok.

 

22TH NOVEMBER 2006

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxxxx + xxxxxxxx + xxxxxxxx

 

 

I am very disappointed that you have failed to respond to my letter of the 6th November 2006.

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, Statute and recent 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 my fiduciary.

I calculate that you have taken £xxxx.

I am enclosing a 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 6th November 2006.

I require repayment in full of this money. 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.

Yours faithfully,

 

 

 

 

xxxxxxxxxxx

[Welshman]

Yes, that's fine.

[un1boy]

hi my LBA leter, hope this is ok.

 

22TH NOVEMBER 2006

 

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxxxx + xxxxxxxx + xxxxxxxx

 

 

I am very disappointed that you have failed to respond to my letter of the 6th November 2006.

 

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, Statute and recent 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 my fiduciary.

 

I calculate that you have taken £xxxx.

 

I am enclosing a 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 6th November 2006.

 

I require repayment in full of this money. 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.

 

Yours faithfully,

 

 

 

 

xxxxxxxxxxx

 

 

as Willow put it, it's fine mate!!

[Money4Nothing]

I expect you'll get a 'goodwill' offer in a couple of days for around 50% of what they owe you...

Good luck - but I can't see you getting paid before Christmas...

Barclays are one of the worst banks, settling only a couple of weeks before the court hearing date.

Oh, and welcome to the Barclays section! =)

 

m4n

[un1boy]

I haven't had a cahnce to read up on any Barclays claims yet - I need to though......not sure how they are managing their claims.

[Money4Nothing]

Read my thread for details...

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/18658-money4nothing-barclays.html#post144541

 

m4n

[un1boy]

Read my thread for details...

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/18658-money4nothing-barclays.html#post144541

 

m4n

 

Cheers!

[Super Saints]

Hi all,

Ive had a responce of off Barclays already, not sure if this letter is in responce to my Prel or LBA as they have got their dates wrong on the letters they sent me. I phoned them to find out and was told they dont seem to have a record of any letters being sent to me. ( they must be in a right mess because it seems no one knows what is going on)

I think i will just wait for the 14 days to pass and then do my moneyclaim online.

Thanks for the above advice, Mark

[sarahwarren]

You are doing fine - just stick to your timetable and let them sort out their own mess!!!

 

Had slightly similar thing happen to us - seems when you are self employed and they can charge you they are happy.

Then when you encounter problems, they just close your accounts and hope you will go away quietly!!!

 

I had many contradictory letters and had them deny knowing who I was even as recently as last month....I'm afraid you just get used to them continuously losing your letters, sending you letters with wrong dates on / no information on etc - I think it's either part of their plan to get you to give up or it is just that one department has no idea what another is up to...who knows!!!!

 

 

Let them deal with it and continue to get your money back as before!

It will all look good in court, should that ever be the case!

 

Good luck,

 

Sarah

[Super Saints]

Hi Sarah,

Thanks for your message, its nice to hear from people in the same boat as me. Well its only days now before i do my moneyclaim online, but one question for anyone to answer is, on my SAR i requested statements and also a copy of an old loan agreement. The 40 days are now up but still have received a copy of that loan, what should be my next step??????

Many thanks , Mark

[un1boy]

Mark, the best thing for th loan agreement is to send them an officail CCA requst - with a cheque/PO for £1....this gives them 12 working days to send u it, if they dont in that time then thye are in default and u can leagally withhold paymetn....then, after 30 calendar days from the date of default, if they still haven't provided it, they have committed a criminal offence and cannot enforce the agreement without going to court - if they do take it to court, they will hve to explain to a judge what's happened.

[Super Saints]

Hi Un1boy,

thanks for your quick responce. The loan has been settled but what i wanted to do is to see if any charges were added to it so i could reclaim them. Will the CCA request give me details of these charges if there are any. Cheers

[un1boy]

Oh, I see mate, I'm sorry, I thought you wanted the loan agreement; please scrap what I said before.

Ok, so let's break this down....did you ask for the Loan account details with your original DPA request? If you did, and the 40 days are up issue them with a DPA LBA, something along the lines of:

_____________

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

 

(Adapt this next section to your situation)

 

1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)

2) You have provided no notes, or documents relating to any legal action between you and myself.

3) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

______

If you didn;t request it originally then you send send a fresh one and start the 40 days from scratch.

[Super Saints]

Hi again,

I did list the loan agreement number with all my bank account numbers on my SAR. They sent all the statements but nothing about my old loan with them. Thank you for the letter template i will use that and get it sent over the weekend.

Many thanks , mp

[un1boy]

Hi again,

I did list the loan agreement number with all my bank account numbers on my S.A.R - (Subject Access Request). They sent all the statements but nothing about my old loan with them. Thank you for the letter template i will use that and get it sent over the weekend.

Many thanks , mp

 

No probs mate, anytime.

[Super Saints]

Hi again, MoneyClaim about to be sent. Could anyone please check my particulars of claim before i submit it. Thanks

 

1. The Claimant had three accounts with the

Defendant, there were as follows - ++++++++

(opened July 03 - closed Sept 04), ++++++++

(opened Dec 01 - closed Dec 04) , ++++++++

(opened July 03 - closed Sept 04) 2. Since

24/11/00 the Defendant debited charges and

interest in respect of purported breaches of

contract. 3. Defendant is aware of all

details as a list of charges has already

been supplied. Another copy will be sent. 4.

Claimant contends: (a) The charges exceed

the Defendant's losses caused breaches; (b)

The Term permitting the Defendant to levy

such charges is unenforceable under the

Unfair Terms in Consumer Contracts

Regulations 1999, Unfair Contract Terms Act

1977 and at Common Law. 5. Claimant claims:

(a) return of the amounts debited of £1770;

(b) Interest per S.69 County Courts Act 1984

of 8% - £553.05 continuing at 8% until

judgement or settlement at a daily rate of

£0.51; Alternatively, if the charges are a

fee for a service, then they must be

reasonable under S.15 of the Supply of Goods

and Services Act 1982. 7. Costs allowed by

the court.

 

Let me know your thoughts, is my daily interest correct?????