Maxine V Barclaycard. **WON**

[stan5131]

Maxine. I filed against Barclaycard on part estimated charges. They made no mention of this is their defence! Almost as if they hadnt even noticed. Their defence was the bog standard 3 page garbage waffling on about fair and reasonable.

[millymollymoo]

Hi Maxine:) Just saying Hi and have you got your statements???

 

O/H has had his claim acknowledged with these and is waiting for defence.

 

Milly XXX

[greengrocer]

I sent my SAR on to Barlclaycard on the 3rd May, and have just been reading this thread and Tanz's. My oh my. Looks like I'm in for some fun and games with this one. Have been successful with Cap1, sounds like they were pussycats in comparison.

 

Maxine: get your statements yet?

 

GG

[maxine989]

Hi Guys

 

It's time for action...

 

I have finally got a court date over the non-compliance.

 

Quite a while ago I wrote another LBA regarding the claiming of charges using estimated charges and also discussed the missing statements but had no response from them. I have recieved SOME statements from Barclays, but have got chunks missing here and there so... although I initially agreed to inform the court that the claim for non-compliance had been settled once my statements arrived, I have not informed them that the claim has been settled because I only recieved some of the statemtns I requested.

 

I have finally got court date but am feeling a little anxious about it as it is allocated to the small claims track even though it is for non-compliance. There is a small calim for damages also so I assume this is the reason why. I just hope I am going down the right track.

 

This is what my letter from the court says:

 

'DEPUTY DISTRICT JUDGE ****** has considered the statements of case and allocation questionnaires filed and has allocated the claim to small claim track.

 

The hearing of the claim will take place at 10:00 on the 20 July 2007 at ****** county court and should take no longer than 1 hour.

 

By no later than 14 days before the hearing of the claim the CLAIMANT must send to the court and to the DEFENDANT copies of all the documents that they intend to rely upon at the final hearing. The copy documents should be in a bundle with each page clearly numbered. The parties must ensure that they bring the original documents to the hearing.

 

By no later than 14 days before the hearing of the claim the DEFENDANT must send to the court and to the CLAIMANT copies of all the documents that they intend to rely upon at the final hearing. The copy documents should be in a bundle with each page clearly numbered and the originals bought to the hearing.

 

By no later than 14 days before the hearing of the claim the CLAIMANT and the DEFENDANT must send to EACH OTHER copies of all the documents that they intend to rely upon at the final hearing, AND at the same time each party must send the original signed witness statement to the COURT. The witness statements MUST comply with the attached note headed 'WITMESS STATEMENTS IN SMALL CLAIMS TRIALS'.

 

1. You have been ordered to file and serve witness statement before the final hearing in this case.

 

2. FILE means sending a copy to the court for placing on the Court file. SERVE means sending a copy direct to your opponent.

 

3. WHO IS A WITNESS? - The claimant and Defendant are both witnesses and most likely are the key witnesses. Their witness statements are consequently of great importance.

 

4. The witness statement you have been ordered to file and serve must comply with the civil Proceedure Rukes part 32.8

 

5. If the whiness statement are not filed and served as ordered then it may result in a witness not being permitted to give oral evidence' blar blar blar....

 

HELP!!!

 

It all seems a bit daunting....

 

so any advice is more than welcome.

 

In the meantime while I wait for feedback from anyone I shall be reading up about what to include in the court bundle.

 

Bloody Barclays... why can't they just send me all the statements instead of bits here and there???

 

Maxine

[maxine989]

Just to refresh you all... this is my POC...

 

I now see things a could have done better etc... and bits that I should have added or left out. It's too late for changes so these are the POC on which my claim is based.

 

PARTICULARS OF CLAIM

 

 

1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject.

 

2. The Claimant has account(s) numbers **** **** **** **** & **** **** **** **** (Mastercard & Visa) with the Defendant which was opened on or around 1998.

 

3. On 17th November 2006 the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.

 

4. The Defendant has failed to comply.

 

5. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage

 

6. The damage caused is:

 

Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence, numerous phone calls and time spent preparing documents and seeking legal advice, I estimate this cost to be £150.00

 

7. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request

 

8. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request.

 

9. Damages and costs within the discretion of the Court.

 

 

 

I believe that the contents of these particulars of claim are true

[Mistermind]

Hello Maxine, trust you are well.

 

The reason B******card make so much difficulty about providing 6 years statements, is that they can't. Some time last year I requested statements, and got in reply a letter from B/C saying that for part of those 6 years their records were non-electronic. They claimed that for that reason they were not obliged to provide statements for that period. I doubt this, because they have a legal obligation to retain 6 years records.

 

But I was so busy with other things like work, bigger fish to fry, did not bother any more. I believe if you press them pointblank on the noncompliance of S.A.R - (Subject Access Request) request, with legal consequences, eventually they will own up.

 

I do not believe it to be in your interest to estimate charges. Your case will look very weak in court, and in fact you will be transferring their problem to yourself. There is a well-trodden path in pursuing SAR noncompliance. If they cannot face reaching the final legal breakingpoint, then I suspect at the last moment they will offer a settlement on refund of an arbitrary figure, to get you off their back. I suspect they have completely lost records covering 2, 3, 4 years. So neither side knows what the true charges figures were.

 

Whenever they have the law on their side they would pursue victims without mercy or relent. They can now discover the law cuts both ways. If they lost their records, let them compensate you on a high estimate, or else.

 

If you hint that you know their position. And you know they have to answer to the law.

 

Best of luck,

XX

[noomill060]

I have a statement from Adrian Ruffhead Barclays legal exec) that they hold copy statements for 6 years.

[maxine989]

I have sent letters to Adrian Ruffhead and had letters back... complained to the Information Commisioner and had a letter back... I have done everything... they even agreed to give me my statements and pay my court costs... when the statements arrived there were chunks missing. I wrote to them explaining this and had no response. There is nothing more I can do other than continue with the court case for non-compliance. I am just concerned about what to put in the court bundle as it is not a claim for penalty charges.

 

Any ideas?

[noomill060]

Hi maxine,

 

have a read of my thread about this. I'm in the same situation.

 

There were also big chunks of my statements missing. I complained to the Information Commissioners Office who were very interested, and recieved all but three of the missing statements within days.

 

Send an email to compliance@ico.gsi.gov.uk stating that Barclaycard have still not complied with your S.A.R - (Subject Access Request), quoting your Information Commissioners Office complaint number which looks something like RFAXXXXXXXX and will be on the letter you got from them in response to your complaint.

 

Or phone Laura Henessey at the ICO. She is my

Casework and Advice Officer.

[noomill060]

Matthew Negus is also very helpful.

[noomill060]

My claim for non-compliance is due to be heard on 19 June. I agreed to an ajournment of the original hearing as Ruffhead stated that he had authorised my cheque for £200 damages plus Court fee last week. It didnt turn up, so its full steam ahead for a bundle for me as well.

 

Im including a copy of the DPA

 

a copy of my SAR

 

Copies of all letters and emails sent and recieved to and from me, and Barclaycard and the ICO.

 

Anything else I can think of!

[noomill060]

Do you have a court date yet, maxine?

[noomill060]

Heres the email I got back within 24 hours from Laura Hennesey:

 

 

compliance@Information Commissioners Office.gsi.gov.uk wrote:

1st May 2007

 

 

Reference RFA0xxxxxx

 

 

Dear Mr noomill060

 

 

I am writing in response to the emails you sent to my colleague, Matthew Negus, regarding the subject access request made to Barclaycard.

 

 

As a result of your correspondence I have contacted Barclaycard who informed me that they were not aware that you were missing any statements.

 

 

However I have provided them with the list of missing statements that you included in your email received earlier on today and they have confirmed that they will request these statements for you again and will ensure that they are sent to you as soon as possible. They have confirmed that they do not expect any fee for this.

 

 

I will contact you again once I have received confirmation from Barclaycard that the missing statements have been sent.

 

 

Yours sincerely

 

Laura Hennessy

 

Casework and Advice Officer

[noomill060]

Have you included a figure you are claiming as damages?

[maxine989]

Hi...

 

Have been away on me hols and now need to get cracking with the non-compliance court bundle.

 

My court date is 20th July 2007 for non-compliance.

 

noomill... I wrote to the ICO ages ago and got a response on 14th feb.

 

I think I am going to write Adrian Ruffhead again to see if I can get the missing statements sent before the court date.

 

What a palarva!!

[maxine989]

noomill...

 

I put damages equaling £150.

[noomill060]

Hi Maxine,

 

At around the same stage of my claim, I phoned the Information Commissioners Office to let them know that Barclaycard were still not complying. They asked me to send an email confirming this to them. You must quote the reference number they gave on their response letter. It makes it easier for them.

 

let them know about your impending Court case.

 

compliance@ico.gsi.gov.uk

 

You could copy Ruffhead on to the email as well !

 

adrian.ruffhead@barclays.com

 

If you get chatting to him, give him my regards!

[maxine989]

This is what I have wrote to Ruffnuts:

 

Dear Mr Ruffhead

 

I refer to my previous correspondence from the 3rd of April 2007, a copy of which I have enclosed with this letter for your reference.

 

It has since been a further two months since I requested that you provide me with the missing data I require. As I had received no response to my previous correspondence, the Allocation Questionnaire was completed and the court allocated a hearing date. As you should be aware Deputy District Judge Hackney has allocated the court hearing for non-compliance to take place at 10am on the 20th of July 2007.

 

I have now gathered the information and documents I shall be using as the claimant in the claim referenced above and shall soon be issuing you with a copy of the court bundle. If this matter is not resolved before the court date and I, the claimant, am forced to pay the costs in producing court bundles to relevant parties and appearing in court, then I shall begin proceedings for a ‘Wasted Costs Order’, where a Schedule of costs incurred and time spent will be supplied to the courts.

 

The pressure put on legitimate claimants and the court system is enormous and it is in the interests of both parties if this claim is settled out of court.

 

I have enclosed a schedule of charges for each of my credit card accounts held with Barclaycard. On the schedules you will see the dates of the missing statements clearly marked where I have estimated the penalty fees.

 

I require that you provide me with the missing data within 7 days. If I have received the missing statements on or before the 12th of June 2007, then I shall inform the court that the claim has been settled and further wasted time and costs will be avoided.

 

I trust this clarifies my position.

[noomill060]

max- I think you would be better off by writing to the Information Commissioners Office as well and inform them of the fact that you are still waiting for your statements.

 

The Information Commissioners Office is in a far better position to put pressure on them to comply than you are.

 

Ruffhead's way of working is to contact you a couple of weeks before the Court date offering you evrything you wanted.

 

By apparently ignoring you, he is just trying to wear you down so you will just accept an offer of your court costs to end your claim.

 

Please dont think a court date makes these people jump out of their skins like it would you or me.

 

All it does is give them a date. by which, they need to make you an offer to make you go away.

 

They will.

[noomill060]

When did you get notified of the Court date?

[blazejohny]

MAxine, how've u been?

 

Barclaycard paid up on my estimated charges last week! They put the money in my account and wrote to me saying that purely for financial reasons blah blah blah.I want a cheque and have written to their litigation dept. telling them this.

 

Estimated charges have worked for me!

It's not my fault that they couldnt provide the statements when requested and also despite numerous letters and followups. They did finally provide the remaining statements but I was too deep in county court system to pull out. I have to admit that the estimated charges turned out to be more than actual charges (by about £130:shock: ) but hey they shouldn't have played hardball.

 

Good luck and don't be scared. Fortune favors the bold, No guts no glory and all that! :D :D

[noomill060]

Dont worry max, its not going to get to Court.

[maxine989]

Hi Maxine,

 

At around the same stage of my claim, I phoned the Information Commissioners Office to let them know that Barclaycard were still not complying. They asked me to send an email confirming this to them. You must quote the reference number they gave on their response letter. It makes it easier for them.

 

let them know about your impending Court case.

 

compliance@ico.gsi.gov.uk

 

You could copy Ruffhead on to the email as well !

 

adrian.ruffhead@barclays.com

 

If you get chatting to him, give him my regards!

 

Ahh... great stuff noomill...

 

Have sent email to both saying this:

 

'To The Information Commissioner's Office

 

Reference: RFA0148551

 

With reference to your letter of the 14th february 2007 I wish to inform you that I have still not received all of the data I requested from Barclaycard back in November. I now have a pending court date of a hearing for non-compliance at Walsall County Court on the 20th July 2007 at 10am.

 

I am soon to print off court bundles and send them to the relevant parties but have firstly written to Barclays Legal and Compliance department in the hope of settling out of court to save further time and costs for all parties further abuse of the court system.'

Might do the trick... you never know... either way, Ruffnuts will know I'm not rolling over.

[maxine989]

BlazeJohny... that's great news. CONGRATULATIONS!!!

 

What stage were you at when they paid up? And was it for hundreds or thousands???

 

I did send an LBA into Barclaycard with estimated amounts where I had missing statements. I had no response... and am a bit too skint to start court proceedings just yet. I am tempted to just go ahead and file a claim for the charges at court (with the estimated charges included)... but like I say... I just haven't got the 120 squid right now.

 

My claim totals just over £5k for the two accounts (Visa and Mastercard) and so I would need to do them as two claims so that they both stay in the fast track... so that would be 240 squid to shell out to take them to court. I have some other claims coming to an end soon, so hopefully if they get settled soon I can use that dollar to start these claims.... if the non-compliance thing drags on.

[maxine989]

Dont worry max, its not going to get to Court.

 

I hope not... not because I am worried about it.... I just want my bloomin statements now rather than waiting until July.