Sarajane v Barclays -Mercantile court allocation - then ***WON***

tigger26 · 10th May 2006, 11:40

Hello all, new to this, so please excuse.

After reading the boards I decided to give it a go. I wrote on 3 May with your standard letter format. I received a reply today from Peter Townsend refunding the £10 cash I sent, they cannot process cash !!!! Copy statements are in the post to me FREE OF CHARGE. However, the letter states
"as regards to your mention of 'manual intervention', the Data Protection Act does not oblige the Bank to comment about internal policies & procedures. Furthermore, in context of the managing of transactions arising from out of order accounts, the Bank does not hold the information you have requested in a form that would be covered by the DPA. Whilst aggregated information is retained for statistical purposes, this would not constitute 'personal data' under the DPA and therefore would not be covered by a s.7 DPA subject access request. For the aviodance of doubt, the fact that we do not generally record information in a way that is caught by the provisions of the DPA, is in no way an admission that there was no such manual intervention."
What does this mean please?

So I get my bank statements shortly, I hope, and I suppose I have to add up all the 'exceeding overdraft' charges myself. What about the interest? I get charged interest for the authorised overdraft & I assume, for the unauthorised amount. Does that come into the calculations?

Look forward to hearing from someone more savvy than I

.

Sarajane

jogrant69 · 10th May 2006, 11:50

Hi - I sent my letter off 1st of may and after reading yours I have received exactly the same copy from the same person returning my £10 cheque saying that my copy statement will be supplied shortly. I too would like to know what the rest of the letter means and if we need to do anything or just wait for the statements to arrive.

Joanne

tigger26 · 16th May 2006, 10:07

Hi Joanne

Just searched through the posts and you might like to lok at this thread regarding the Banks paragraph, it's informative.

http://www.consumeractiongroup.co.uk...ead.php?t=4448

Sarajane

tigger26 · 20th May 2006, 15:51

Hi again

The statements arrived this morning in 2 A4 sized envelopes. Have calculated that £725 has been taken unlawfully from our account.

Before I send the preliminary letter a quick question. It's a joint account now and all charges were incurred when joint but hubby opened this account as soon as he left school. Do both names need to be listed or can I just get on with it. Only 1 of us needs to sign for the Bank. Your thoughts would be appreciated please.

Sarajane

alanfromderby · 20th May 2006, 17:14

As the account only requires one signature then it is fine for you to take the action.

With regard to the manual intervention issue, that is just a very carefully worded attempt to try and claim that the fact they haven't got any record of manual intervention, doesn't mean there wasn't any.

Actually, what they are saying is incorrect in so many ways you could have a field day with it should it ever get to court!

tigger26 · 20th May 2006, 17:20

Thanks for that info Alan.

My hubby's just got in from work, and was shocked when I told him £725 could be returned to our account. Greedy B*****ds was the extact phrase.

tigger26 · 23rd May 2006, 19:08

Preliminary letter posted off today. Roll on.

tigger26 · 27th May 2006, 10:31

Letter received this morning from Mike Brophy of Customer Relations, saying how sorry he is that I am unhappy with the Bank Charges I have incurred. Blah, Blah, Blah. And a Complaints Leaflet.

Roll on 5th June.

alanfromderby · 27th May 2006, 11:44

Of course, if you used the template Request for Refund letter, you specifically asked them not to sent a standard letter and leaflet in reply. It is up to you, but I would take this as being an unsatisfactory response and move to the Letter Before Action.

Perhaps start it by saying that you are disappointed to see they have responded to your letter of xxxxxxxx by sending a standard letter and leaflet, something which you expressly stated they should not do. You are now left with no alternative but to send this final Letter Before Action......

MARTIN3030 · 27th May 2006, 12:28

I am in the process of preparing to send the Data Protection Act first letter to Barclays.
I am a little worried tho about the number of letters Barclays are sending out questioning their responsibilities to supply man intervened info I also noted the statements they sent to one of the claimants which were unreadable and Barclays stated they had no legal responsibility to supply them in any particular file type,

I am wondering whether their legal guys are trying to address an upsurge in claims now by being erratic in their responses.

Some claimants have had differing reponses one has had to file the 4o days again !!

I am asking if there is a need to add additional info to the Data Protection Act request letter in order to address these hindering methods they are using in replies ??

tigger26 · 27th May 2006, 13:30

Thanks for that Alan.

Their letter did state that my comments are receiving attention and one of his team will contact me again shortly. (Don't call me Shorty

).

I know it's an acknowledgement, but I agree it's a standard letter and they must be getting hundreds of them by now. hahahaha !!

Now I'm in two minds as to what to do, wait until 5th June, or as you suggested Alan, start the LBA with your paragraph( If I may quote it

).

tigger26 · 6th June 2006, 12:06

LBA issued yesterday - here we go!

MARTIN3030 · 6th June 2006, 13:27

Good luck.............seems to be going smoothly for you

tigger26 · 6th June 2006, 13:31

thanks

tigger26 · 15th June 2006, 12:14

Hi, It's Me again

Well the LBA was posted on 6 June recorded delivery & I haven't heard a dickie bird from Barclays. My parachute account is up & running now.
Royal Mail have just informed me that it's not on their tracking system yet

. Do I assume that it has been delivered & continue to court next week or do I re-issue the LBA?

Your thoughts would be most welcome

CAG Products - We think that these will help you to make your claim or Reclaim your Right These sales also help us to keep helping YOU and keeps this site free of third party adverts!

Small Claims Kit--	Small Claims Court Guide New Edition	CallBurner - Skype CallRecorder Review	Last Will & Testament Kit	Fight a Motoring Ticket

Alternatively you could purchase a CAG email address here, or maybe you'd prefer our address labels here
UPDATE: Consumer Forums ConsumerWiki is now LIVE - click here: ConsumerWiki