Mangove V Barclaycard

[maangov]

Hi all,

 

Time to claim against barclaycard!

 

I posted my S.A.R. on 24th December. It will be 35 days on Tuesday and still no reply. Should i send them a reminder? Or just wait out the 40 days?

 

Regards

Mike

[chorlton1]

They have been useless about the 40 days- you will probably get a letter on day 40 saying they are doing the best they can but bear with them. Having said that you could call them to chase - ask to speak to Adrian Whalley in the Data Protection Team - it wont do much good but will probably make you feel better!

 

I would wait for the 40 days, and then report them to the Info Commisssioner using the template letter.

 

Do you have enough statements to do an estimate of charges for a prelim?

[maangov]

cheers chorlton1,

 

I haven't any statemements to make an estimate. I'll wait out the 40 days, then complain as you suggest.

 

Thanks

MikeA

[chorlton1]

good luck!!

[maangov]

Ok no response, so here goes the chaser:

 

Data Protection Team

Dept LRC

Barclaycard

Northampton

NN4 7SG

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

Dear Sir/Madam

ACCOUNT NUMBER: xxx

 

I am very disappointed that you have failed to comply with my Data Protection Act Subject Access Request dated 23rd December 2006.

 

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 will immediately inform the ICO, as well as issue a summons with the county court enforcing your compliance.

Furthermore I will seek damages for the same.

Yours faithfully,

[maangov]

Chorlton1,

 

You were spot on! Letter recieved today from Adrian Whalley. Grrrr, ah well, every day adds more contractual!

 

Off goes complaint to ICO, and I'll give them till next monday, then its court time!

 

Cheers

MikeA

[chorlton1]

The good thing about them being so predictable is that you know they will settle, even if they drag their heels!

[maangov]

Good News!

 

Full set of statements recieved yesterday! Letter says they disagree with the ruling that microfiche is a 'relevant filing system', howver they are including them as requested.

 

Totting them all up, the total comes to around £500.

 

Am going to hold out while i await Mindzai's credit card spready i think, as im having a little bit of difficulty with vamps one.

 

Will update as i go.

 

MikeA

[maangov]

Havent updated for a while:

 

Sent Prelim on 30th March 2007. Had reply today, dated 2nd April (post must be very very slow ;-)

2 April 2007

Dear Mr xxxxx

BARCLAYCARD SERVICES ACCOUNT NUMBER: XXXXXX

Thank you for your recent letter, your details have been passed to me in order that I may respond in my capacity as Customer Relationship Manager.

I am sorry you feel the charges you have incurred are unfair. We believe that our charges are both fair and transparent, and we make them clear in our Terms and Conditions, and on the reverse of every monthly statement.

In your correspondence you have outlined a legal argument which you say supports your view. As I am sure you will appreciate Barclaycard is aware of all the information you have drawn to our attention. I must inform you however, that we disagree with your legal analysis.

Putting the above to one side, as a goodwill and without any admission of liability, I am prepared to credit your account with the difference between the charges that you have incurred and the £12 fee recommended by the OFT. This would amount to £xxx.xx. The credit will be reflected on your next statement. However, if your account is already closed, it will be neccesary for you to contact us to confirm your bank sort code and account number, this will enable us to process a refund to you.

May I take this opportunity to remind you that the best way to avoid similar charges in the future is to remain within your credit limit and ensure that your monthly payment reaches us within the required timeframe.

Should you have any further questions regarding this matter please do not hesitate to contact me. If my reply does not meet with your expectations you may ultimately be eligible to refer to the Financial Ombudsman Service. Further details of this service are available on request. If I have not heard from you within 8 weeks from the date of this letter, I will close my complaint file in accordance with our usual pratice.

Yours sincerely

Tim Young

 

It's £300 short of my charges (only half offered), plus no contractual. Will draft rejection letter tonight.

 

Regards

MA

[Anedar]

Hi Mangove

What was the spreadsheet you used?

I'm having trouble with vamps as well.

Cheers

A

[maangov]

Hi Anedar,

 

I opted for Mindzais credit card spreadsheet. You can find it here; http://www.zen122856.zen.co.uk/Compo...et_CC_v1.1.xls

 

The support thread is here: http://www.consumeractiongroup.co.uk/forum/general/51736-excel-contractual-interest-spreadsheet.html

 

Hope this helps

 

Mangove

[Anedar]

Thanks.

I will busy myself with this tonight!

[maangov]

Hope this sounds ok?

 

Dear Sir/Madam

Thank you for your letter dated xnd April 2007.

I respectfully decline your offer as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxx.xx

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.

 

My Request for Repayment letter dated xxth March 2007 indicated that you had 14 days to respond before I proceeded to the next stage of my request. This deadline has now expired.

I request a full refund of the monies owed. I am enclosing a copy of the schedule of the charges which I am claiming. I calculate that you have taken £xxx.xx plus £xx.xx which you have charged me in interest for the sum which you have taken. Total £xxx.xx. In addition to this amount, I also claim interest at an annual rate of 15.9% compounded daily as set out in the attached schedule of charges. I believe this rate to be justified under the principle of mutuality and reciprocity: it is based on at your borrowing rate of 15.9%. Therefore the total amount owed on this account, as of today’s date is

£xxx.xx.

I require repayment of this money in full, and within 14 days. At the expiry of this deadline, I shall begin a claim against you for the full amount plus my costs, without further notice.

If you do not accept my conditions, or you do not respond within 14 days, I wish to stress that I do not accept your offer and the money transferred to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly.

Regards

MA

[maangov]

All,

 

I've been away from this a few days now. Recieved this letter a week ago:

 

I refer to your letter dated 17 April 2007.

I note that you are dissatisfied with our offer to refund £xx however our position remains that we believe it is fair when customers' break the terms of their agreement with us, we recover the costs. Therefore, I am not prepared to consider your request for any further refund.

As previously advised, when your

Barclaycard

account was opened, you signed and agreed to our Terms and Conditions and this included details of our charges. The information provided at application stage clearly explains our obligations to our customers, as well as their obligations to us. If we make any changes to the Terms and Conditions we provide details of these to our customers.

I appreciate that this may not be the outcome you expected, however I trust that the information I have provided has clarified

Barclaycard's

position.

Should you have any further questions regarding this matter please do not hesitate to contact me. If my reply does not meet with your expectations you may ultimately be eligible to refer to the Financial Ombudsman Service. Further details of this service are available on request. If I have not heard from you within 8 weeks from the date of this letter, I will close my complaint file in accordance with our usual practice.

 

Should i now commence proceedings as my LBA 14 days is up, or should i give them another 7?

 

I'm thinking it's court time, as they seem adamant they won't pay.

 

Many TIA

 

MA

[1159skunk]

Times up another 7 days will resolve nothing and they have made clear they won't offer anymore. Time to proceed with the courts

[maangov]

Hey guys, all court forms went in. AQ was put in and i have just recieved an order of stay. This states:

 

The action be stayed until 24 September 2007, or until further order: the stay will also afford the parties an opportunity to try and settle the matter without a court hearing.

 

So whats next? Should i write a letter objecting to the order? I'm certain barclays aren't going to settle before court!

 

Please advise, i have 3 days left to file something!

 

MA

[pjdavies2000]

This means they want Barclaycard to settle with you so the court don't have to waste time setting hearing dates, etc.

 

Ring the litigation team (find the numbers on the main Barclays page under the thread Lit Team Good or Evil) and ring Dino from the list.

 

Tell him you have received this order, and would they like to discuss full and final settlement with you now.

 

Say that if they don't agree full and final settlement, then you will provide the information of this phone call to the court, showing that you tried to settle without court mediation, but was unsuccessful.

 

In your court letter, if you need one, add that you would ask the court to set a hearing date at their early conveinience, and should Barclaycard make a settlement offer out of court between now and the court date, that the courts look very dimly on this as a delaying tactic by the company, and would therefore look at a wasted costs order against the company.

 

 

Hope that helps - but to be fair, I think a phone call, saying the above will push them into paying up in the next week!

 

Peter

[b8byd]

Hi Maangov, sorry to jump your thread - i won't stay for long! I'm just wondering if you can post (or pm if you'd prefer) your PoC for this claim? I can only find a template PoC for current accounts not credit cards. Thank you in advance, b8byd

[Paintball]

This means they want Barclaycard to settle with you so the court don't have to waste time setting hearing dates, etc.

 

Ring the litigation team (find the numbers on the main Barclays page under the thread Lit Team Good or Evil) and ring Dino from the list.

 

Tell him you have received this order, and would they like to discuss full and final settlement with you now.

 

Say that if they don't agree full and final settlement, then you will provide the information of this phone call to the court, showing that you tried to settle without court mediation, but was unsuccessful.

 

In your court letter, if you need one, add that you would ask the court to set a hearing date at their early conveinience, and should Barclaycard make a settlement offer out of court between now and the court date, that the courts look very dimly on this as a delaying tactic by the company, and would therefore look at a wasted costs order against the company.

 

 

Hope that helps - but to be fair, I think a phone call, saying the above will push them into paying up in the next week!

 

Peter

 

Peter

Thanks for posting this sensible advice; I've made a note of the steps you suggest and will use them with Barclaycard if needs be, having filed N1 and received notice of service from my court. I know that you now also have a claim against Barclarcard which includes removal of default as I have, and wonder how we would both fare (hypothetically) in using the above method for settlement in terms of them agreeing to the default removal?

Just mulling on this and trying to pre-empt and be organised ...

Painty xx

[pjdavies2000]

The above is a purely hypothetical situation for us, and is dependent on what the local court generally issues.

 

My local court went down the prelim route - despite using the most up to date PoCs back in May, so I would assume nothing much has changed.

 

If they did however issue the above, I would see that as a small victory for us.

 

In the removal of the default, I really have little knowledge of how this works, but would assume that it would be added to the contract we agree with them.

 

Should they refuse to remove the default, this is reason enough to let the judge decide.

 

As we know a judge wouldn't rule in their favour as they wouldn't present evidence as per our PoCs, then we can only assume that the default removal would be automatic.

 

It's important to stress however that an adjustment is not enough. I can imagine that they will try and get this as first port of call, and that we would have to stipulate our exact terms on more than one occassion!

 

Peter

[Paintball]

Hey guys, all court forms went in. AQ was put in and i have just recieved an order of stay. This states:

 

The action be stayed until 24 September 2007, or until further order: the stay will also afford the parties an opportunity to try and settle the matter without a court hearing.

 

 

MA

 

Peter

As I'm not well versed in Stays and note that the Court in the above circumstance has applied the Stay, then I suppose we may welcome our own courts doing the same ... If B/card request a Stay would the court expect the same negotiation process to take place?

[pjdavies2000]

Yes, in a way I think you are right - if the court order a stay - with time contraints, then this is good. However, some have begun just entering unlimited case based stays - these mean we wouldn't know when we would have our day.

 

However, saying that, we are unlikely to get stays for CCards, and if we do, we are much more likely to have them lifted. BCard won't be expecting that, and so they should cave pretty damed quick!

 

I think it comes a little down to the court: what they tend to do, what they expect from the bank and how well we put the case in the n1!!!

 

Peter

[Paintball]

Yes indeed, and reading this thread Barclaycard case stayed by court - any advice please? in particular post #2 Stays for some judges are meant to avoid un-necessary court dates (a complete waste of everyone's time) when we know the banks/card companies will settle before the date, so sensible judge in my view.

Otherwise, B/card may enter a request but seems unlikely and if they do ... they should watch out!!!

[maangov]

Hey all,

 

I've had a letter of a prelim court date. My stay was lifted . Letter from court as below:

 

TAKE NOTICE that the BANK CLAIM HEARING will take place on

9 October 2007 at XX:XX

at Gloucester County Court,

Kimbrose

Way, Gloucester, GL1 2DE

When you should attend

15 MINUTES has been allowed for the BANK CLAIM HEARING

Please Note:

This matter has been listed for a preliminary hearing as the Claimant has filed written objection to the Stay Order herein and the Claimant has informed the Court that he wishes to proceed with the claim.

If the Claimant fails to attend the Claim may be struck out and if the Defendant fails to attend the defence may be struck out and Judgment may be given for the Claimant in the Defendant's absence.

If the Claim is settled before the hearing, then the parties should notify the Court preferably by fax or letter and the hearing can be vacated without the need for an attendance.

Fax:

01452 834923 E-mail

:

hearings@gloucester.coun

tycou

rt.

gsi.

gov.

uk

Please note that your case has been listed with other appointments in a block list. As a consequence, it may not commence at the exact allocated time. This practice enables earlier hearing dates to be given and avoids lost time due to late settlements and parties not attending.

Where do i go now? Should i contact them? Are they likely to settle before court?

 

Regards

maangov

[Paintball]

Well done you getting your stay lifted

 

What to do now? Get your case info prepared (AQ and Draft Directions?) and have your arguments sorted in your own mind ready for Qs from judge on the day if you do get to court.

 

Otherwise, see Peter's post #17 and ring their Litigation team for an early settlement as I imagine your judge may prefer that ...