scottandchris Vs woolwich

[scottandchris]

Hi all

First time posting here, have been reading lots of info, great site

I have sent my SAR off to barclays/woolwich on the 3rd may, the 40 days are up today and i havn't had any contact at all from them.

I did send my letter (recorded delivery) to the data protection people at Radbroke hall, Knutsford, as this is where i had previously had a letter from.

Have i made a mistake sending it there or should they have forwarded it on.

 

thanks in advance

[scottandchris]

Still not heard anything from woolwich so i sent them a letter before action on friday letting them know they now have 7 days to comply or i am going to seek a court order.

Is this a normal tactic from the woolwich to just ignore everything ?

 

thanks

[welshcakes]

Hi S&C

 

You were perfectly right to send your SAR to Radbroke and I would recommend that you go online to Royal Mail site and print off the confirmation page and/or electronic signature (unlikely you'll need it but always good as definitive proof should it go to court).

 

Fine that you've sent a LBA and moere than likely you'll get a standard auto response letter back. Unless you get the list of charges within 7 days (say 8 for postal politeness!), you can immediately claim for costs either via MCOL or by taking claim down to you local court.

 

I did it thru MCOL. If you do need to claim, you can pm me if you need any templates etc to use. Please note that if you are on a low income/benefits and are exempt from the £30 court fee, use your local court as you don't get the option to opt out if using MCOL.

 

Also, you can go online to ICO site and make an online complaint. ICO doesn't have any powers to penalise and they are approaching banks with en masse complaints once a month because of sheer quantity being submitted, however it does demonstrate to the bank that you're not a pushover and that you put your money where your mouth is.

 

My MCOL included my costs incurred so far and I have recently received offer from Litigations dep't to settle in full as long as I discontinue. Problem is if you accept and they haven't sent out your charge list, it's more delay so be sure you accept settlement only on condition they send the list of charges as per the date of your original SAR ... they are currently trying to fob me off with a 6 yr list that only goes back 6 yrs from most recent communication when in fact my original SAR was sent 3rd Nov 2006 (so they are avoiding including charges from NOv 2000 - June 2001).

 

Barclays are proving to be a right pain with more and more instances of DPA breaching so you're not alone.

[scottandchris]

many thanks for the reply, just a waiting game for another 6 days then.

 

cheers

[welshcakes]

Hi S&C

 

Have you received your statements/list of charges? Nothing else they may have sent (like a standard blurb investigation letter) counts. If you don't have that list, MCOL them for DPA breach (remember you're claiming costs to pursue (with an applying 8% Stat Interest as well as court fee costs). You Particulars of Claim must also include that you're seeking compliance with DPA ie for them to satify legal obligation to provide the transaction list as per and date relative to the original SAR.

[scottandchris]

hi

sorry for the delay, my mom was rushed to hospital last week and been a bit distracted.

I havnt had a thing off them, not even a standard letter.

So i am going to mcol them, what can i claim for as im not to sure.

many thanks for the reply

 

s&c

[welshcakes]

HI S&C

 

Sorry to hear abut mum, hope she's on the mend.

You are well within your rights to MCOL them for breach of DPA however you might get a faster resolution by simply ringing them, explaining that you haven't had a response to SAR and will they post them out immediately to avoid taking it to court. Give the mail til Wednesday then MCOL.

 

The alternative is to simply MCOL them anyway. The advantage of this is that you are using the muscle of the law to demonstrate to them that you mean business. You can alternatively file straight a t your local court and tbh this would probably be far quicker as MCOL is snowed under and many people are finding their claim processing slow.

 

Just because they haven't sent through the charges, doesn;t mean you need delay your Preliminary letter for refund (I did and I wish I hadn't) - all you need to do is estimated the charges for last 6 years and include an explaination in the letter as to why you have had to do this and invite them to provide an accurate breakdown of the charges, whereupon you'll amend the figure.

 

If you'd like any of the letters/court applications, PM me and I send you through mine.

Barclays offer to settle my DPA breach claim in full and I recently wrote to them saying ok but I accept on condition you still send through my statements. They haven't responded yet but it's ok, as the claim is still plodding on and I've sent my Preli letter so any delays on this DPA breach no longer affects my claim for charges to be returned.

 

(Sorry, quick typing cos going out so excuse any typos)

[scottandchris]

once again thanks for the reply welshcakes.

I will ring them on monday and let them know what i intend to do, should i ring radbroke hall as this is where i have sent my S.A.R and also my LBA.

 

many thanks

 

s&c

[welshcakes]

Yes, I always think it's best to direct calls to the department who *should* have a record of your last communication.

 

Their number is 01565 614000

 

Their Fax is 01565 613583

[scottandchris]

I phoned the radbroke hall number and they informed me that they are no longer dealing with woolwich customers and gave me another number at barclays.

When i phoned them they told me that i had already logged a complaint with them regarding my sar (which i hadnt) on the 20th june, they also said that they were still within the 40 days timescale to provide my statements, when i informed them that the original letter was sent on the 3rd may and that the 40 days were up and i had also sent a lba, they just said continue with you claim then, they wasnt bothered at all.

so i will have to go through mcol now, more hassle and more expense, the only thing that keeps me going is the help from this site.

welshcakes if you could send me the templates i would be most appreciative.

 

many thanks

[welshcakes]

HI S&C

 

Sorry, just logged on to internt. Will send the 1st of the template letters.

 

Could you please post the new tel number they gave you - it will help alot of people reading this who are about to enter dispute over non-compliance.

[scottandchris]

Sorry for the delay, been hectic 2 weeks.

The number they gave me was the Barclays Customer Relations - 08457 555 555.

Ive now got a letter from them explaining that they have made a mistake and that my statements will be with me within 28 days.

So as im in no hurry at the moment so i am prepared to wait until they come through, i know i should get a claim going as they didnt respond within 40 days but at the moment with so many other thing going on (mom still in hospital) i havnt the time.

 

many thanks