sally v barclaycard "WON"

[sallysas]

Only done some reading on this sub-forum but I feel in my waters Barclaycard is going to be an interesting experience. Here we go then. SAR sent via Royal Mail using their free Proof of Posting

[nicethan]

good luck sallysas.

hope you dont get the letter i got back of them asking for further details ie: more address details etc etc.

im sure you will be fine though and get your statements still waiting for my reply after giving them more details

nicethan

[sallysas]

Right time to get stroppy. Data has failed to arrive so letter 3 from the templates library will be in the post tomorrow. Had a disapponting day at work so this will make me feel better.:-|

[charliekroker]

Can anyone help I have managed to get 2 years worth of statements off barclaycard but they are saying that the info they have on microfiche is not available is there a form i can use to get this info off them

 

Cheers

 

M

[sallysas]

Does this information go back more than 6 years? I seem to recall reading a thread that if information is held on microfiche there is some reason banks cannot supply this.

[sallysas]

I sent my original letter to PO Box 5592 Northampton. Did I do wrong? Should I have sent it to the London address or is that just for Barclays Bank

[sallysas]

Bump. If I hear nothing sending it off to Northampton tomorrow

[sallysas]

It worked!!!! Not knowing what kind of legal giant they are dealing with my data arrived this morning. 7 days precisely. Maybe I will be lucky before the summer holidays.............

[sallysas]

They only sent me data from January 2001. My original request goes back to November last year. Charges do not start till August 2001 so I will not loose any sleep wondering if I have anything before this. They are trying to be bolshy about the Information Commission aren't they 'we take a different view.... on whether these fall within the defination of "relevant filing system" as set out in the Act'.

 

So Prelim letter going out on Monday.

 

Before that though. My monthly rate of interest had been 1.385% from January 2002 to January 2004 when they put me on a payment plan and charged me 1%. I am going to claim 'out of order charge' from September 2004 but from October 2005 I was charged no interest at all as they reached an agreement via the CCCS. Do I claim staturory interest and how do I work out the correct figure. Thanks Sally

[sallysas]

Worked it out on monthly statutory figure. I had a consolidation % figure which I have not included in monthly figure. I rounded up or down where appropriate. Am I right in assuming I 'hide' the 8%/total claim/daily interest rate in pence until I get to court? Sorry about this but can't find a thread where anyone has detailed this process.

[sallysas]

Right. Forget about statutory, going to claim the simple compound contractual.

 

My first charge goes back to 17/08/01 the interest is 1.492%. As asked above do I leave off the consolidation %?

The rate changes to 1.456% the following months and alters for the last time 17/07/02 to 1.385% until I come to an arrangement with Barclaycard on 04/11/04 when they charge me 1.00% until I am charged nothing from October 2005 when CCCS made payments for me.

 

I am really thinking out loud people but I have spent 3+ hours reading "Why is no one claiming the contractual rate of interest" threads and my head is spinning. Am I right is thinking that all these different interests add up to what would be the total % of interest for the life of my claim? (This adds up to 29.179%.) I am proposing using this lower rate of interest (if it is) in my prelim and when they knock me back claiming the current higher authorised rate as I can tell the judge (if necessary) that I offered to settle for a lower amount.

 

As stated my first charge was incurred 17/08/01 but my data request was sent off in November 2006. Which date should I use for the start of my claim. I only received statements from January 2001. Thanks in advance. No way will I be sending prelim off tomorrow. Loads more reading to be done.............. Sally

[sallysas]

Bump!!

[sallysas]

Loads more reading done now so I feel confident in claiming contractual interest. Just to prove I am not having a blond moment people, could someone confirm that Vampiress's spreadsheets are still offline. Life is on hold in all sorts of ways this week....................

[nevos]

Hi, you can get a spread sheet from here CAG members if it helps.

[sallysas]

Right people, finally ready for the next stage with this one. Never mind the ramblings of that jibbering idiot above (moi) I have decided to apply the cash advance figure. Does anyone know off-hand what this is? Using Vamp's no 13 spreadsheet. (Thanks for your suggestion Nervos.) Can't cope with advanced, particularly if I have to justify it to a judge. Have also put this into 'what I require' section.

 

I calculate that you have taken £XXXXX plus £XXX which you have charged me in contractual compounded interest for the sum which you have taken. Total £XXXXX . The accounts Terms and Conditions specify the interest payable on cash advance drawings from the account. I believe this applies to cash advance drawings by yourselves as well as cash advance drawings by me. I therefore believe that I am entitled to ask for this rate and further that it is justifiable under the principle of mutuality and reciprocity, and is based on your cash advance interest rate that would be applied under the terms of the above mentioned account. I enclose a schedule of the charges which I am claiming with this letter

 

Another query (collective groan). Is there any reason why I could not go back and ask for data going back to when I opened this account over 10 years ago once I have finished this claim. Many thanks, Sally

[nevos]

Hi Sallyass , you can claim back if you have the statements? The bank won't give you them under the statute of limitations past 6 years.

[sallysas]

Who's this sallyass?

 

I will be claiming 27.9% cash advance. Just wondered if I could go further back in time. Glen UK complained and ended up with more than 10 years. Better read it again to make sure. Nothing like putting yourself under pressure. Maybe s32 of limitations act will give me some info.

[PhantomReclaimer]

Hi Sallyass , you can claim back if you have the statements? The bank won't give you them under the statute of limitations past 6 years.

 

Limitation Act dosen't apply to a SAR. If you ask for a list of all your charges (or copy statements in the alternative) then they have to produce all of them, regardless of age, unless they can show that one of the examptions in the Data Protect Act applies.

 

P.

[sallysas]

Had a reply today.

 

'............ I must inform you however, that we disagree with your legal analysis.' I'm claiming over £1400 and they have offered me - wait for it - £178.00 being the difference between the charges and the current £12 fee.

 

I'm not sure which world they inhabit, cloud cuckoo?

 

Never mind, Halifax capitulated today and gave me over £4000 back. When I come down to earth, LBA will be sent.

[sallysas]

I've still got a lovely warm glow after my success with Halifax. But after 'Whistleblower' this is no time to let things slide regarding Barclaycard. LBA going off tomorrow. £178!!!!! indeed. It does make you wonder though just how many people out there, not knowing of this wonderful site would have caved in with that letter, which by the way did not even have a name on just 'yours sincerely Customer Services'. Now that is just rude. If they take too long to settle I will be telling cccs that there is nothing outstanding and the money Barclaycard are currently getting can go towards some of my other creditors.

 

Hope everyone else is also feeling positive.

[sallysas]

Does this look ok? I've adapted the LBA/rejection letter with a nice little touch from Tanz, thanks very much. Posting it off asap.

 

LETTER BEFORE ACTION

 

 

Dear Sir/Madam,

 

CARD/ACCOUNT NUMBER: xxxxxxxxxxxxxxxxxxx

 

Thank you for your reply of xxxxx 2007 offering £xxxxx as a goodwill gesture against my claim. I am naturally disappointed that you disagree with my legal analysis which I believe can be justified under the principle of mutuality and reciprocity. I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, 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 £xxxxx plus £xxxxx which you have charged me in contractual compounded interest for the sums which you have taken. Total £xxxxx

 

As a member of the Consumer Action Group I am aware that you have settled all similar cases before an actual court appearance, with this in mind I would hope you would consider settling this matter, before the need for court action, which would undoubtedly waste valuable court time.

 

I require repayment in full of this money. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Yours faithfully,

 

Taking a backward step, I have had this card a lot longer than 6 years and as the limitations act does not hold sway I will be writing to that charming Mr Whalley asking for further data. Am I right in thinking I will not have to send another £10 fee? Should I then need to go to court a 2nd time will this upset a judge? Thanks in advance peops

[sallysas]

bump!!!!!

[chelsea123]

Sallysas any update with the Barclaycard battle since 24th March? I;'d be interested to hear.

 

I'm considering taking them on too Although I've only ever been charged £12 for exceeding my credit limit (this would probably equate to two or three hundred pounds in total though).

[sallysas]

Yes there is news of a sort. After my brilliant letter (well I thought so) they responded saying 'no, we still don't agree. Go away we are still only going to give you £200 ish AND NO MORE YOU DREADFUL PERSON'. I don't like overloading myself with going through the courts but I will be submitting my N1 maybe this Friday but definately next week. A really useful thread is 'Bong v Barclaycard' in the won section and is recommended reading. This goes back to last autumn/winter and Barclaycard's attitude to her was the same as it is now. So I will be pressing on knowing I will win.

 

Yes if your charges were years ago the interest would be frightening with contractual. My 1st charge of £15 in August 2001 (with interest at 27.9) realises interest of £57.95 tomorrow. Wow.

[sallysas]

Ended up claiming statutory interest and after 2 weeks it has finally been deemed to be served tomorrow a court official told me. Wonder what will happen next?