Barclaycard

adwozere

illberich wrote: »

I have just recieved my statements reguarding charges, Not for the last 6 years but just the last 3 years.Barclaycard say anything over 3 years is kept on microfilm so will take alot longer to process(another 6 weeks or longer)I have already waited nearly 40 days for this imfomation.Just wondered if anyone had any info on this.
Thanks

Hi
I had the same and I sent them this letter below and just waiting for a reply.


Thank you for your reply to my SAR.

I am concerned that you say it is not possible to provide details that you hold on microfiche in the 40 day time period, and it was going to take “6 weeks or so“, due to microfiche statements do not fall within the scope of the data protection act.
I would like to point out the following recent information relating to an investigation by the Information Commissioner.

I am aware this relates to Barclaycard, however, logic states that you should also act on the Information Commissioners findings, that “Following our visit, we concluded that the microfiche system used by Barclaycard is a relevant filing system for the purposes of the Act. This means that in our view the information is personal data and should have been supplied as part of your S.A.R - (Subject Access Request) within 40 days and for a maximum fee of £10. As a result, it is our view that it is likely Barclaycard has contravened the sixth data protection principle, as this requires data controllers to process personal data in accordance with data subjects' rights.”

In addition, section 13 of the Act gives individuals the right to claim compensation if they have suffered damage as a result of a contravention of the Act.

I look forward to your confirmation that the information requested in our Subject Access Request is provided in full including any information held on Microfiche.

Yours faithfully,

richdeniro

Received the Notice of Transfer of Proceedings from Northampton to Croydon court yesterday morning along with the Defence and Counterclaim.

Must admit it is a bit scary. I am a bit nervous of actually having to go to court and am not particularly good at public speaking - is it likely that it will come to that?

Has anyone received this? Is this normal?

I have scanned what they have for their defence below:


1. Barclaycard is a trading division of Barclays Bank PLC and not a legal entity in its own right.
2. The Particulars of Claim are summary and do not provide details of the precise charges alleged to have been unlawful. Accordingly, this defence is summary in nature and the Defendant reserves the right to amend this Statement of Case in due course.
3. To the extent it is alleged that the Claimant incurred charges on his account for unauthorised borrowings (whether late payment fees, exceeding authorised credit limit fees, or any other such fees (the "Charges"), the Defendant puts the Claimant to strict proof of each charge and the date thereof.
4. The Defendant's standard terms and conditions ("Terms"), which the Claimant accepted upon opening the account, entitle the Defendant to debit the Charges from customer accounts upon certain events (including, but not limited to, exceeding account credit limits and / or unauthorised borrowing and / or failing to make sufficient monthly payments to reduce the account balance by the required date) .
5. It is the responsibility of the account holder to properly monitor his account so as to ensure compliance, for example, with the obligation to make payments by the required date. '
6. The Terms gave the Claimant a fair and transparent view of the obligations and entitlements set out in paragraph 4 above, including the basis on which the Defendant would be entitled to debit the Charges from the Claimant's account.
7. If, and to the extent it is the Claimant's case that the failure to make monthly payments. and / or his failure to remain within the agreed credit limit, constituted a breach of the Terms, and that the contractual entitlement to debit the Charges from the Claimant's account constitutes a liquidated damages clause, the same is denied. The Charges applied to the Claimant's account were payments that the Claimant agreed to make upon the events described at paragraph 4 above by reason of the Terms. Accordingly, it is denied that the Charges or any such charges constitute unfair and / or unreasonable charges, and it is denied that the legal principles governing the enforceability of liquidated damages clauses applies or is relevant to the Charges, as alleged by the Claimant, or at all, and / or that the charges are otherwise unenforceable.
8. Further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the Unfair Terms in Consumer Contracts Regulations 1999, (particularly but without limitation to, paragraph l(e) of Schedule 2), or are in breach of s.4 of the Unfair (Contracts) Terms Act 1977 (or any other provision), or are unreasonable within the meaning of s.15 of the Supply of Goods and Services Act 1982 (or indeed any other provision) .
9. Further or alternatively, without prejudice to the matters pleaded at paragraph 4 above, if the Claimant's failure to make sufficient account payments by the required date and / or to remain within pre-agreed credit limits constituted a breach of the Terms, the Defendant avers that the Charges were nonetheless valid and enforceable. 10. It is further denied that the Charges were unlawfully debited from the Claimant's account. It is averred that the said charges and interest are and remain lawful and enforceable and that the Defendant was entitled to debit the same.
11. Accordingly, it is averred that the Charges are legally enforceable and the Defendant was entitled to debit the Charge from the Claimant's account.
12. The Defendant denies that it is liable to the Claimant for the sums claimed and interest, as pleaded or at all.
13. In the alternative, and without prejudice to matters stated above, if (which is denied) the said charges or any part thereof are unlawful or unenforceable as alleged by the Claimant or at all, and the charges were a consequence of the breach of contract by the Claimant, the Defendant has nonetheless suffered loss and damage as a consequence of such breach of contract in allowing the account to go into unauthorised overdraft. Accordingly, in the event that the Defendant is unable to rely on its express entitlement to enforce the charges as set out above, it will seek to recover to the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of the said charges, and the Defendant seeks to set off such sums against any liability owed hereunder to the Claimant.

Twinkly

richdeniro wrote: »

Received the Notice of Transfer of Proceedings from Northampton to Croydon court yesterday morning along with the Defence and Counterclaim.

Must admit it is a bit scary. I am a bit nervous of actually having to go to court and am not particularly good at public speaking - is it likely that it will come to that?

Has anyone received this? Is this normal?

I have scanned what they have for their defence below:


1. Barclaycard is a trading division of Barclays Bank PLC and not a legal entity in its own right.
2. The Particulars of Claim are summary and do not provide details of the precise charges alleged to have been unlawful. Accordingly, this defence is summary in nature and the Defendant reserves the right to amend this Statement of Case in due course.
3. To the extent it is alleged that the Claimant incurred charges on his account for unauthorised borrowings (whether late payment fees, exceeding authorised credit limit fees, or any other such fees (the "Charges"), the Defendant puts the Claimant to strict proof of each charge and the date thereof.
4. The Defendant's standard terms and conditions ("Terms"), which the Claimant accepted upon opening the account, entitle the Defendant to debit the Charges from customer accounts upon certain events (including, but not limited to, exceeding account credit limits and / or unauthorised borrowing and / or failing to make sufficient monthly payments to reduce the account balance by the required date) .
5. It is the responsibility of the account holder to properly monitor his account so as to ensure compliance, for example, with the obligation to make payments by the required date. '
6. The Terms gave the Claimant a fair and transparent view of the obligations and entitlements set out in paragraph 4 above, including the basis on which the Defendant would be entitled to debit the Charges from the Claimant's account.
7. If, and to the extent it is the Claimant's case that the failure to make monthly payments. and / or his failure to remain within the agreed credit limit, constituted a breach of the Terms, and that the contractual entitlement to debit the Charges from the Claimant's account constitutes a liquidated damages clause, the same is denied. The Charges applied to the Claimant's account were payments that the Claimant agreed to make upon the events described at paragraph 4 above by reason of the Terms. Accordingly, it is denied that the Charges or any such charges constitute unfair and / or unreasonable charges, and it is denied that the legal principles governing the enforceability of liquidated damages clauses applies or is relevant to the Charges, as alleged by the Claimant, or at all, and / or that the charges are otherwise unenforceable.
8. Further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the Unfair Terms in Consumer Contracts Regulations 1999, (particularly but without limitation to, paragraph l(e) of Schedule 2), or are in breach of s.4 of the Unfair (Contracts) Terms Act 1977 (or any other provision), or are unreasonable within the meaning of s.15 of the Supply of Goods and Services Act 1982 (or indeed any other provision) .
9. Further or alternatively, without prejudice to the matters pleaded at paragraph 4 above, if the Claimant's failure to make sufficient account payments by the required date and / or to remain within pre-agreed credit limits constituted a breach of the Terms, the Defendant avers that the Charges were nonetheless valid and enforceable. 10. It is further denied that the Charges were unlawfully debited from the Claimant's account. It is averred that the said charges and interest are and remain lawful and enforceable and that the Defendant was entitled to debit the same.
11. Accordingly, it is averred that the Charges are legally enforceable and the Defendant was entitled to debit the Charge from the Claimant's account.
12. The Defendant denies that it is liable to the Claimant for the sums claimed and interest, as pleaded or at all.
13. In the alternative, and without prejudice to matters stated above, if (which is denied) the said charges or any part thereof are unlawful or unenforceable as alleged by the Claimant or at all, and the charges were a consequence of the breach of contract by the Claimant, the Defendant has nonetheless suffered loss and damage as a consequence of such breach of contract in allowing the account to go into unauthorised overdraft. Accordingly, in the event that the Defendant is unable to rely on its express entitlement to enforce the charges as set out above, it will seek to recover to the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of the said charges, and the Defendant seeks to set off such sums against any liability owed hereunder to the Claimant.

It is a standard defence. Sections 1-12 basically say that the charges are not unlawful, which they are so .... and in particular section 13 has been posted on the site in the last few days here:

http://forums.moneysavingexpert.com/showthread.html?t=304957&page=241

There was a post on the forum last month about actually going to court against Barclays and I think it may help you to understand what actually happens and calm your nerves a bit. Please see here :

http://forums.moneysavingexpert.com/showthread.html?t=393532

With Top thanks to OP showmethemoney! for her post.

Dont worry and good luck

mollyjak

Just letting you know Barclays settled 3 days befoe our court date last week. We had no offers, nothing except official blurb then three days before a phone call asking to contact them and then full settlement - (cheque clears tomorrow)

Keep at it and you WILL win with all the guidance given here - you KNOW you are in the right.

mum2one

mutilatedlip wrote: »

Thanks for the advice, cloth.

"used LBA template and adjusted it to suit"

Whereabouts can this be found, or am I being totally stupid and missing the abbreviation?

Either way - best of luck with your claim, and hope it all turns out good for you. Keep us posted.

Hi.

The LBA is "Letter before action".
Hope that helps.

x

cathdance

Hi All

I have just recieved an offer of £220 from barclaycard and my claim was for £490. The say the offer is the difference between the charges and the recommended fee of £12 from the OFT.

Please can anyone let me know if i could carry on with this claim, not sure who is in the right!!!

Thanks

Cath dance

janevictoria

Hope some-one out there can help me. Have received a part payment from Barclaycard, and a letter, I will just show the mains points as I see them.
This is from the Customer Relationship Manager.
I am sorry you fell 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(I have been using the template letters from the website) 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 mustinform you however, that we disagree with your legal analysis.
Putting the above to one side, as a good will and without any admission of liability, I am prepared to credit oyur account with the difference between the charges that you have incurred and the £12 fee recommended by the OFT. This would amount to £136-00. The credit will be reflected on your next statement. (It did!)
Then told us to stay in limit and send money on time blah blah we do if at all poss. any way.
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 FOS. Further details of this service are available on request.
Then if they haven't heard from us in 8 weks he will close our file.
Should I be grateful for what we have or go for the rest, we didn't add on interest as we just wanted our money back.

wdj40

I sent the letter below to Barclaycard almost 2 weeks ago and have had a reply saying that they do not understand the nature of my queery. I`m sorry but is the below letter not understandable???
Should I now just sod it and proceed with the courts or send another letter back which would delay it again???
Also I rang them and they would not let me expalin what my letter meant and that they have to have it in writing.... which of course I have done grrrr!!
Thoughts and comments please!

Barclaycard


Dear Sir or Madam,

Re. Card number: *************
Your Ref : ***************

This letter has been sent by recorded delivery!

With reference to your letter dated 20/03/07 and your reference above.
I will accept £120 as a partial payment only, I would like you to pay me the full amount of £367.99. I will however be willing to lower my asking price and would settle for £300, which was the sum before interest was added, if you would be willing to meet me there.
If your answer is no then I will instruct the court through Moneyclaim.com and take this case further. This would surely incur you court costs which I feel would not be nessessary if we can come to this agreement.

I look forward for a full response to this letter within 14 days.

Thank you for your time.

Yours faithfully,

**********

monkeymonkey_3

janevictoria wrote: »

Hope some-one out there can help me. Have received a part payment from Barclaycard, and a letter, I will just show the mains points as I see them.
This is from the Customer Relationship Manager.
I am sorry you fell 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(I have been using the template letters from the website) 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 mustinform you however, that we disagree with your legal analysis.
Putting the above to one side, as a good will and without any admission of liability, I am prepared to credit oyur account with the difference between the charges that you have incurred and the £12 fee recommended by the OFT. This would amount to £136-00. The credit will be reflected on your next statement. (It did!)
Then told us to stay in limit and send money on time blah blah we do if at all poss. any way.
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 FOS. Further details of this service are available on request.
Then if they haven't heard from us in 8 weks he will close our file.
Should I be grateful for what we have or go for the rest, we didn't add on interest as we just wanted our money back.

I go the exact same reply from Barclaycard. I replied saying I would accept only as partial payment, and have had a letter back saying they're sorry I am not satisfied but the're not going to offer me any more. I rang the customer service centre last night to see if they might want to change their mind, but I was told by the guy on the phone that they have been told from 'on high' that if a customer rings up and isn't satisfied with their offer, they are to advise them to take their complaint to the next level. I said, ok so I have to take it to court, and he said yes. So looks like I'll be filing a claim, I'm a bit scared!

mum2one

janevictoria wrote: »

Hope some-one out there can help me. Have received a part payment from Barclaycard, and a letter, I will just show the mains points as I see them.
This is from the Customer Relationship Manager.
I am sorry you fell 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(I have been using the template letters from the website) 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 mustinform you however, that we disagree with your legal analysis.
Putting the above to one side, as a good will and without any admission of liability, I am prepared to credit oyur account with the difference between the charges that you have incurred and the £12 fee recommended by the OFT. This would amount to £136-00. The credit will be reflected on your next statement. (It did!)
Then told us to stay in limit and send money on time blah blah we do if at all poss. any way.
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 FOS. Further details of this service are available on request.
Then if they haven't heard from us in 8 weks he will close our file.
Should I be grateful for what we have or go for the rest, we didn't add on interest as we just wanted our money back.

Hi.
its a standard letter that they send you in the hope that you accept the payment, I would say check your Barclaycard Account as they have a habit of crediting the sum of money offered without you agreeing or not agreeing.

If you are happy to accept that amount and drop the claim accept the money, but be careful if you accept the money and take it further, then by accpeting the money it could be classed as close of complaint, but do check that out.
Good luck