Johnfower v Barclaycard

[johnfower]

After starting a claim against Abbey and starting a claim for my mother against Barclays, I have now decided to start a claim against Barclaycard.

I've read through the forums and posts and there’s a couple of things that aren’t very clear:

Barclaycard send the crap saying they cant send statements after such a date 2004.... How do you get the information - or is it a fact that you can only claim back to 2004?

I would be claiming back the whole six years worth of charges.

Also is there a new Data Protection Act request letter that states on it ... "if you claim you cannot send the information requested due to your systems etc then ....(whatever you do to claim back the details) or do you have to send letters after they’ve replied?

I’ve kept my Abbey thread up to date and will do with this one to help others who are about to make a claim.

[johnfower]

Data Protection Act Request sent yesterday allowinng them 40 days.

If any others have claimed against Barclaycard then please PM me.

[johnfower]

Cheque for the Data Protection Act request cleared on Friday 28th April. No reply yet. After two weeks i'll send a reminder as per previous thread's that I have read.

[hannah2082]

Hi John - I'm in the same boat - check that Barclaycard hasn't put your £10 towards your B/C balance though as that's what they've now done with my £10! Not happy with them!!

[johnfower]

As you guessed - they funded the cheque to my Barclaycard Balance - despite the letter stating quite clearly that the cheque was for the Data Protection Act request.

[johnfower]

Please can a moderator have a look at this letter to see what they think/ if its to harsh or not harsh enough?

Anything I should add or removed from this letter?

Data Protection Team
DEPT LPA
Barclaycard
Northampton
NN4 7SG


04 May 2006

Dear Sir/Madam

Re: Data Protection Act Request.

ACCOUNT NO: **************

I issued a Data Protection Act Request on the 21st April 2006 with attached a cheque for the £10.00 fee.

The letter clearly stated that the cheque attached was for the Data Protection Act request, therefore I was surprised when I checked my online banking today to realise that you have credited the cheque onto my Barclaycard Balance.

Why has this been credited onto my Barclaycard balance?

May I remind you that the request deadline is 40 days from the date served (served on the 21st April 2006, deadline: 31/05/06) if the request is not actioned by the 31st May 2006 then I will have no alternative but to report your refusal of compliance to the Information Commissioner.

Please accept this letter as authority to debit my Barclaycard balance for the amount of £10.00 for the purposes of the Data Protection Act request only.

I would expect to hear from you shortly.

Yours faithfully

[johnfower]

Ive also added a separate letter to customer relations:


Dear Sir/Madam

Re: Data Protection Act Request.

ACCOUNT NO: 4929499545088001

I issued a Data Protection Act Request on the 21st April 2006 with attached a cheque for the £10.00 fee.

The letter clearly stated that the cheque attached was for the Data Protection Act request, why has this been credited onto my Barclaycard balance?

This is not acceptable and I have since found out that this is a common problem with Barclaycard: despite letters clearly stating what the cheques are for.

I have wrote a separate letter to the Data Protection Team, reminding them of their responsibilities with regards to the 40 day deadline for the Data Protection Act request, however I wish you to investigate this to find the reason why a task so simple could not be carried out correctly.

I would expect to hear from you shortly.

[hannah2082]

Well they sound good to me anyway - let us know how you get on - good luck

[johnfower]

Barclaycard statements came through today but only up until 2004, therefore I've sent them a nice letter...

I shall calculate the charges tomorrow...

I am in receipt of your letter received today outlining that you could only provide me with printouts covering recent transactions on my account, because any earlier information has been archived onto microfiche. (*I also acknowledge receipt of the information you forwarded.)

My request was for a complete list of transactions and charges relating to my for the last 6 years– in short, a list of charges with dates and amounts – alternatively, a complete set of account statements for that period will be acceptable. This should be retrievable from your accounting systems, and easy for you to produce. I will accept a computer print out of these transactions.

I am aware that you have been willing and able to provide other customers with a print-out of transaction information covering this period – and am ready to bring this to the attention of the Information Commissioner should it prove necessary. I would also draw your attention to Smith v Lloyds TSB Bank plc (2005) EWHC 246 (Ch).

This letter has been sent by first class recorded delivery, and therefore should have reached you no later than Monday 15th May 2006 – as you will be aware, the deadline for the data protection act disclosure is the 31st May 2006 in which you have 16 days left to comply with my request. As stated above, a complete set of account statements for the period in question will be acceptable; however, I expect this to be provided within the time period for Data Protection Act compliance.

Should there be any further attempts to delay compliance, I will be left with no alternative but to escalate this matter into an official complaint to the Information Commissioner and/or the County Court under s.7 and/or s.13 Data Protection Act

[johnfower]

The letter was sent yesterday requesting that the full information is sent, used one of the letters in the forum. AFter I sent the letter i was reading through the data print outs and it said 18 charges. Looking at the statements I have got (only 1 year missing) it shows 11 out of the 18 charges, so looks about right. I have now sent the prelim letter but added

If it’s the case that other charge’s have been attributed then I shall also be claiming for this amount.

[johnfower]

Well nothing has come through since my letter, therefore they have failed to provide all the information from the Data Protection Act request. I'll be looking for that complaint link i saw one of the moderators paste into one of the threads.

Ive already sent the prelim letter as some of the documents said 18 X charges blah blah blah, i just wanted the rest to confirm this but I shall claim the full 18 anyway.

[kat1977]

Just posted my Data Protection Act request to Barclaycard so they have 40 days from 21 may to reply

kat

[johnfower]

LBA sent ( 26/05/06) after they sent a standard reply to my prelim quoting terms of contract blah blah blah

[johnfower]

Again Barclaycard refused to refund me the charges from the LBA (letter came through about a week ago) therefore on the 23rd June, when I get paid, i shall start court action.

[kat1977]

Recieved all my statements the other day, Worked out they owe me about £800. Sent request for refund off they have until 30 June to respond

[johnfower]

Claim issued on 27th June 2006, just to add: I sent a complaint to the Information Commissioners Office as Barclaycard failed to send all statements under the Data Protection Act request. THe complaint is currently under investigation.

I have estimated the interest as interest from the day i opened the account with Barclaycard. It is now upto them to supply the correct information.

[richardmckee699]

Originally Posted by johnfower

Data Protection Act Request sent yesterday allowinng them 40 days.

If any others have claimed against Barclaycard then please PM me.

hi,just sent my Data Protection Act letter today,i'll post updates,lets go !!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!

[johnfower]

Barclaycard acknowledged on 03/07/06, just to let you guys know, i claimed for "estimated interest" as they refused to send all the statements. The estimate will be more than the actual amount and this should therefore force them to either send the documentation or to confirm the actual amount theyve took.

I also sent a complaint to the information commisioner (i think thats what there called) and they are processing my complaint.

[richardmckee699]

hi folks,just a wee update on how i'm getting on,
just received the initial responce from barclaycard stating that they where sorry that i wasn't satisfied with their service and they hope to have resolved matters by 28/7/06 don't know exactly what this means;whether they are going to have my statements to me by that date or have they something else in mind,either way they will be sorry that i am not satisfied with them,i feel more and more confident every time i read these forums or have any interaction with these people what -so-ever,i've also received my initial letter from barclaycard,but nothing from the bank of ireland as yet,
i'll keep posting my progress and hopefully it will help anyone else who is thinking about taking these f**kers to the cleaners, cheers chaps