Barclaycard - **Penalty Chgs repaid with Compound Int; defaults removed** (probably)

[martin2006]

Without a shadow of a doubt slick.

 

Formal complaint and reclaim request going in today.

 

1. Repayment of all charges including restitutionary interest @ 24.9%

2. Compensation for failing to action SAR request within legislated timescale, as per s7 DPA.

3. compensation for eroneous and duplicated defaults on credit file, 2 for same debt, 1 x BC and 1 x HPH2 and HPH2 default is incorrectly dated as aug 2014 and not 2009 when default occurred.

4. Compensation for failing to cease and desist processing incorrect data to CRA's as per s10 DPA.

 

Schedule of charges is completed and ready to be attached.

 

Any advice on levels of compensation to claim for 2,3 and 4?

[slick132]

I would focus on reclaiming the charges and interest as per other examples you'll have seen.

 

Seeking compensation for other issues may actually complicate the court claim. You don't want to give the bank or legal reps any grounds to defend the claim more robustly.

 

Reclaiming the charges and int't should get the adverse CRA data removed, which is surely what you want to achieve. Plus you'll get some money back after the a/c balance is settled.

 

[martin2006]

I've sent off the preliminary request and although ive asked for compensation for their failures, i havent put figures on that side of it.

 

I figured that this would give me at least some extra bartering space later down the road.

 

Ive headed it Official Complaint and enclosed the spreadsheet.

 

Onwards we go!!

[martin2006]

Im certain its unrelated to the letter i sent on tuesday but had a call to say my sar is ready for collection finally. Only took 4 months!!

My apologies to any trees which may have suffered in collating it.

[martin2006]

No agreement in the sar

Statements go back to 2008 when account opened but i had already been sent those.

Nothing else of any real value except the default notice wasnt issued till aug 2014 which is wrong it should have been no later than feb 2010.

[slick132]

Hi Martin,

 

It's very common to get no credit agreement in an SAR response. The SAR is a request for data held by the bank, not for specific documents.

 

Hence why you may get statement data, as opposed to copy statements.

 

[martin2006]

The complaint has been split as it involves various departments. A call offering 24 of the 41 charges without any interest was politely declined. We move on to awaiting final response.

[martin2006]

So, the final response was due on 4th april, nothing received but called BC for progress report and a letter has been sent, dated 4th april saying they havent dealt with it yet and a new date set for 4th may to complete.

To say i'm fed up with BC continual attempts at frustrating everything from the SAR to the complaint, i am now ready to issue a claim.

 

The plan is to issue a claim via ccmcc for the charges and in addition, the remaining parts of the complaint re the double default, failing to supply SAR in time and continuing to process erroneous data will form a complaint to FOS

[Andyorch]

Maybe consider issuing it through MCOL for this one martin...then you can monitor on line.

[martin2006]

I had a Final response for part of the complaint, they offered some charges back but no interest and wont alter the CRA data and defaults, this could be included in the claim.

 

The other issues will be through FOS, this is what im being messed around with now.

 

With regard to MCOL, i simply dont have the fees, my income is far too limited so i think will have to be via ccmcc at salford

[slick132]

Hi Martin,

 

I stand by the opinion offered in post #23.

 

Stick to the basics, reclaim the penalty charges and seek removal of the CRA data as part of the claim.

 

MCOL is cheaper than CCMCC.

 

Complaints to the FOS are likely to be very long winded and unrewarding in terms of outcome.

 

Unless and until you file a court claim against Barclays Bank PLC t/a Barclaycard, they are not likely to take you or your complaints seriously. File a court claim and they WILL take notice.

 

But I suggest you keep your court claim limited to seeking repayment of penalties plus restitutionary interest; and the removal of adverse CRA data. Keep it simple and you're more likely to get what you want.

 

[martin2006]

I have prepared exactly that slick, N1, EX160 in post this evening to CCMCC

 

Ive limited the claim as suggested and can revisit the other issues either with a 2nd claim or via FOS

 

I used postal to CCMCC as i am on income support so MCOL at £105 simply isnt an option

[slick132]

Can't you apply for court fee remission using MCOL, which is cheaper than CCMCC ?

 

[martin2006]

No it cant be done online unfortunately, if there was a way i would have found it.

For me, mcol is a non starter, i cant even use it to check anything as informed by the court staff when i rang earlier.

I am aware that not everything they tell you is gospel but his advice seemed to match the experience, i now have the claim ref for my other GE claim and that has been issued

 

I think the main reason you cant apply for remission using mcol is that you also have to send proof of benefit received no older than 1 month which obviously cant be uploaded

[Andyorch]

Applicants using Money Claim Online (MCOL) or Possession Claim Online (PCOL)

 

You cannot apply for a remission if you issue proceedings through MCOL or PCOL.

[martin2006]

Aaaarrrggghhhh!!

Ccmcc are having a laugh

 

Rec'd all the paperwork back from ccmcc because i didnt answer q10.

 

Q9. Are you in receipt of any of the following benefits?

Income support - yes

 

If yes goto q12

If no got q10

 

Are they a bit hard of thinking?

[SabreSheep]

Heh

 

Just a bit of advice, which you may be doing already

 

Create a folder on your computer dedicated to the claim.

 

Scan a copy of "Everything" you send and receive to the court and BC and their chosen representatives when they appoint them. This means that should it be necessary to create a bundle that you have the correspondence already in order electronically

 

I also attack proof of postage to the front of the scan as well (in a way that does not obscure the letter)

[slick132]

Send back to CCMCC and say you want you case to be handled by a senior member of staff to avoid further unnecessary delays.

 

[martin2006]

Was going to ring ccmcc first thing then post it back with q10 answered if necessary, it only asks if i have dependants in full time education, which i do,

 

it just beggars belief slick and frustratingly slows the process down unnecessarily

[martin2006]

Heh

 

Just a bit of advice, which you may be doing already

 

Create a folder on your computer dedicated to the claim.

 

Scan a copy of "Everything" you send and receive to the court and BC and their chosen representatives when they appoint them. This means that should it be necessary to create a bundle that you have the correspondence already in order electronically

 

I also attack proof of postage to the front of the scan as well (in a way that does not obscure the letter)

 

Absolutely SS, will need to find more docs, ie sempra, kleinwort but i have everything else i think already filed

[martin2006]

N1 has finally been issued, no thanks to the month its taken ccmcc to pull their finger from their buttocks!

[slick132]

Flippin outrageous !!

 

[martin2006]

BC ackknowledgement recd, defending all, Dentons are in the house

[martin2006]

Rec'd BC defense will post in full later when i have a little more time

[martin2006]

In addition to the defence attached below, they also sent the 2006 OFT guidelines, as these are widely available i didnt think it necessary to upload them.

Looks like bog standard stuff to me

Scan.pdf

scan2.pdf

scan1.pdf