Barclaycard

maniac886

The_Bloodster wrote:

Sorry not had a chance to go through the entire thread as i'm tired. Has anyone got a copy of the amended letter for the credit card companies that we use as I can't find it.

Right I'm off to bed zzzzzzzzzzzzzzzzz

You can find it here on the cag forums. You will need to register. Its free and easy.

Edinburghlass_2

The_Bloodster wrote:

Sorry not had a chance to go through the entire thread as i'm tired. Has anyone got a copy of the amended letter for the credit card companies that we use as I can't find it.

Right I'm off to bed zzzzzzzzzzzzzzzzz

Just change the wording to read you are claiming back late payment fees/over limit fees.

Twinkly

arism74 wrote:

Well, congratulations on beginning your contributions on the forum with postings as constructive as this

Thank you so much, I am very happy to be here and its a pleasure to be able to help anyone in severe difficulty so no thanks necessary really

My advice of : "Read back through this thread, there have been others in the same position as you and the advice you seek is there." wasnt meant to be sarcastic and I am sorry you have taken it as such as is obvious by the tone of your response to me. I am aware some threads are many pages long and can be a pain to wade through but this is a very small one in comparison. Seriously, if you are that lazy and cant be bothered to read back a few posts or pages then you deserve all the sarcasm that comes your way intentionally.

/I absorb sarcasm...it helps to replenish my supplies :rotfl:

xtrouble

I've waited over 3 months for statements now. I'm fed up of them putting off and off. I wrote to the IC but them just thanked me for my correspondence.

I'm mindful that the OFT report is due shortly, and that will probably limit our ability to claim the full amount of charges.

So I've decide to make a claim based on estimated charges, and let them fight if they so wish.

Has anyone got any advice before placing an estimated claim.

pigsmightfly

xtrouble wrote:

I've waited over 3 months for statements now. I'm fed up of them putting off and off. I wrote to the IC but them just thanked me for my correspondence.

I'm mindful that the OFT report is due shortly, and that will probably limit our ability to claim the full amount of charges.

So I've decide to make a claim based on estimated charges, and let them fight if they so wish.

Has anyone got any advice before placing an estimated claim.

Personally I wouldn't advise estimating the charges because if it goes to court, you will be asked to provide statements/list of charges and dates to prove you were originally charged them.

arism74

Twinkly wrote:

I am aware some threads are many pages long and can be a pain to wade through but this is a very small one in comparison. Seriously, if you are that lazy and cant be bothered to read back a few posts or pages then you deserve all the sarcasm that comes your way intentionally.

/I absorb sarcasm...it helps to replenish my supplies :rotfl:

blimey, not sure if it's sarcasm, but talk about attitude and making assumptions! For someone who claims to be very careful about the quality/quantity of his postings, you don't seem to mind wasting one of those by telling someone that he can't read or that he's lazy! You don't know me so don't judge me mister. The reason I insist on asking the question is because no one so far has reported a successful response to this situation so far, mostly you get suggestions and recommendations on what to do

Edinburghlass_2

xtrouble wrote:

Has anyone got any advice before placing an estimated claim.

Don't do it.

Twinkly

arism74 wrote:

blimey, not sure if it's sarcasm, but talk about attitude and making assumptions! For someone who claims to be very careful about the quality/quantity of his postings, you don't seem to mind wasting one of those by telling someone that he can't read or that he's lazy! You don't know me so don't judge me mister. The reason I insist on asking the question is because no one so far has reported a successful response to this situation so far, mostly you get suggestions and recommendations on what to do

I will have the courtesy to answer you in full.

I believe I have already stated I wasnt being sarcastic. Attitude is a matter of perception as is your assumption that I am making assumptions about your assumptiousness and my assumptive assumptions ad infinitum etc etc et al yadda yadda. At no point have I claimed to be careful about the quality/quantity of my postings but I have claimed to look around the information already given before I post a question. I am genuinely surprised that you take offence at my helpful suggestion that you do the same.

I do not believe the post to have been wasted since I gave definitive help to a stated request. That it wasnt in the perceived tone that you would have found acceptable is unfortunate.

You are right in that I do not know you and , by the same token, you do not know that I am "Mrs" not "mister".

I did not say you could not read but that you couldnt be bothered to. I have judged you lazy on your lack of inclination, not ability, to read before posting and will not apologise for that. Your initial request was identical to others that have been asked and answered hence my judgement.

I have already pointed out that the answer to your initial question - Can I complain and to whom? - can be found in previous posts in this thread.

For your convenience they can be found in :

page 2 - 4th and 5th post
page 3 - second and third post
page 4 - 4th 5th and 6th, then 9th and 10th and last post

I appreciate that by now you may have already read them though.

arism74 wrote:

The reason I insist on asking the question is because no one so far has reported a successful response to this situation so far, mostly you get suggestions and recommendations on what to do

I respectfully suggest that if you had stated this initially your request may have been dealt with as such. Your following post could also have stated your request in more clarity than previously yet you chose instead to post a sarcastic remark to the friendly (if exasperated) help I offered.

I sincerely wish you luck in your quest to reclaim bank charges and hope you will gain some valuable experience from posting on this forum as to how to communicate your requests clearly and concisely and also to deal with the answers you receive. The banks are a lot harder to deal with than I am and I am sorry that you have had such difficulty communicating effectively with me.

I also apologise to others on this thread seeking help who may feel irritated at the discussion in the posts between this person and myself. However I felt it necessary to respond to the points raised so that this person may move on as I will now do.

Twinkly

And so, moving on...

I have drafted a letter to Barclaycard and have taken the step of combining my initial data request with warning of intent to claim and invitation to make partial settlement, within the 40 day period normally applicable to data retrieval. I hope this will have the effect of cutting to the chase. I'll post it here and would be grateful for any advice on whether this is appropriate and if any changes/additions are necessary in others opinions.

Letter reads as follows:

"Dear Sir or Madam,

Re: Account Ref:

I write to request a complete and fully comprehensive list of all default charges I have paid or you have automatically debited from my account over the last six years.

Please find enclosed a cheque for the maximum statutory charge for such data of £10. If you are unable to provide this data I will accept clear and legible copies of my statements detailing charges for the last six years for the same charge of £10. I am aware that statements alone are not covered by the Data Protection Act 1998 and it is not bank statements I require. I am entitled to full details of the charges by law therefore any substitution of the data with bank statements is your responsibility and I am not liable for any further charge.

Please note that I am advised it may be practice for some financial institutions to store older records in the form of microfiche and that the Information Commissioner has deemed microfiche to be a relevant filing system under the the Data Protection Act. As such, any of my data stored in such a manner must accordingly be represented in a fully legible and comprehensible form in accordance with my entitlement and not sent to me as microfiche. I do not anticipate any deliberate obstruction to my request regarding this issue, should it arise.

Be advised that I believe some default charges are unfair and wholly disproportionate to your costs and, as per the Unfair Terms in Consumer Contracts Regulations, thereby unlawful. Therefore, I intend to reclaim in full all relevant default charges that have been extracted for the last six years. You are obliged under the Data Protection Act to respond to my request for this data for the last 6 years and provide this information fully within 40 days.

In the interim you have immediate access to the data in order to calculate the figure to be reclaimed and are at liberty to make partial settlement. Any partial settlement received during this time may be accepted without prejudice on the implicit understanding that further claim will be issued for the remaining balance. Full analysis on receipt of my data will confirm a final figure and no final settlement on the issue of charges will be accepted or considered as such until that process is complete and final claim is issued.

I await your reply.

Yours faithfully "

As the claim is to be made against a card that is over its limit due to excessive charging, and the futility of the payment arrangement I had in place to cover the amount demanded, I have not made demand for any particular form of payment. However for 3 other financial institutions I will deal with in turn I intend to add the line "Please make payment as a cheque payable to (My name here )" to avoid credit into the accounts. Two are dead accounts, the third is probably going to be closed on me and I want to deposit the cheques into my latest account.

Any thoughts folks ?

Twinkly

Those who have the problem of banks neglecting the 40 day deadline may be interested in this article today in The Independant :

The article is dated 3rd March 2007.

http://news.independent.co.uk/business/news/article2323398.ece

An extract reads :

"On many occasions, they have also failed to provide information within the 40 days set by the legislation. It is another twist in the saga of the £7.2bn that banks are estimated to have overcharged customers, prompting a fierce campaign championed by The Independent for the money to be returned.

The Information Commissioner's Office confirmed that "hundreds" of bank customers have complained about the latest example of cavalier treatment by financial institutions.

The regulator, which polices the Data Protection Act, has warned the banks that their behaviour is being closely monitored and could result in prosecution."

and further :

""Which? would advise going straight to the Information Commissioner if your bank is not complying with the act. Don't be put off from claiming bank charges back. "

The artcile is pretty long and very interesting. If you are currently flagging a bit or feeling battered by the banks and their tactics to fob you off please go and read this. I hope you will come away feeling strengthened and
encouraged to keep on going