Barclays V hels Bells

[hels bells]

Hi everyone

Just found this new site and i am very excited to be back. I currently have a new challange with my claim, for those that remember, i appologise for boring you, for those who don,t here we go, my claim was a request from Barclays for specific data ' Notification of Charges' for my business account but statements were in my name and sent to my home address therefore covered under the rules of DPA and SAR, however to shorten the story i will cut to the quik. I had to go to court for my requested data and with lots of evidence supported the fact that Barclays indeed held my info, i lost and was awarded the costs against me [ which i have not received yet] however this situation has been reported to the ICO as i do feel a breech has accured and i have requested my transcript from court as the barrister sent to my little county court stated Barclays had no 'policy' for my requested statements even though Barclays quoted due to our 'retention policy ' we cannot supply you with your request. I am hoping the ICO find fault. In the meantime i have sent another SAR for all my banking history with Barclays and await reciept of this data, although as yet nothing haas arrived and only 3 days left out of the 40 offered. My concern is they may think they honoured my request previously when they sent 6 yrs before however i know they have 12 years. Any ideas what my next move should be.
What might be fun is when ido go to court and claim the average cost back plus contractual interest it will be impossible for them to prove otherwise as they have stated on record they do not have my data .

What do you wish people think ?

hels

[Amy]

Hi, Hels Bels - I remember you from the chat room over the road.

I'm a bit confused here...

So, you requested information on a business account, but were provided with information on a personal account? Is that right?

Did you lose your court case to have your information provided to you?

Can you explain a little bit more please.

[Amethyst]

As far as I understand it, Hels received all the information she was entitled to under the DPA (ie transaction lists) but continued to sue to obtain the specific 'Notification of charges' breakdowns (cause the charges were listed as a bulk).

The DPA claim was made as a Part 8. Thus the judge found against Hels as the data wasnt covered by the DPA and awarded costs against her.

It was a business account - but sole trader and in personal name and address thus still covered by DPA.


Hels has now complained to the ICO regarding that issue.

She's now trying to get the info going back for the full period she held the account - 12 years.

Then I think intends to claim for the full period on estimated average charges based on transactinal data, with contractual interest added, and obviously limitations act.

have i remembered it ok hels ?

[hels bells]

Wow!!!

Well done my old friend, thats about the size of it, what a good memory!. Having received my transcript from court today, i can re-read what exactly happend, basically the judge did not think i had evidence to prove Barclays held my requested data, it is from a business account but as you say it is covered and it can be sited by personal name and our home address, however even though i ordered this verbally 3 times and was told i could have this data by all and sundery, including customer services, coperate barcalys, business bank managers, e-mails from ex-barclays employees [ conversation of which were recorded and submitted with my POC, the judge felt thier letters stating they do not hold it were the end of the story, i quoted 'the Companies Act' retention of account ledger on a daily basis is standard, i showed 2 letters from Barclays clearly stating 'Account ledger' data is stored for a minimum of 12 years but the judge said this was not related to my case, i argued contradictory information was given from the outset but she [judge] would not have any of it. My info from the ICO vebally, since making the complaint is ; a policy should be held on the retention period for such data and should have been provided but they will investigate. I requested the policy stating the time retention and in court the judge said they do not have such a policy anor do they have to supply me with a copy. At least i have this on record if the ICO request it. I am now waiting for the bank to send all my info on my full banking history including every last contract, letter, fax, statements, ect which endss on Mon next [40 days expires] but not heard anythng as yet!!!, what do you all suggest??

hels
good to be back with you all x

[hels bells]

ps, it was a CPR part 8 i submitted as the court manager would not allow an N1 to be used, thus allowing the cost to be awarded if i lost [ not that i was aware of this at the time] perhaps i would have insisted that the N1 should be accepted if i had have known,

Question: if you submit a CPR part 8 it is no longer covered under the small claims ie costs for barristers/solictors can be awarded against you if you loose which seems strange a litigant person is not told as how would we know we have not studied the law and its procedures, as the judge said i need to take legal advise which is contratictory to the small claims conditions is it not! , what court level and procedure do you follow if you use a CPR, not small claims !

hels

hels

[Amethyst]

Hels, could you pm me a copy of your transcript please

[Paradox]

Hels. My advice would be, Give up on the claim under CPR part 8 and concentrate on the monetary side of the claim. You have evidence that the bank have charged you, so take them to court based on that evidence, rather than wasting more time and most likely more money with a risky claim under Part 8.


Just my thoughts.

Matt

[hels bells]

hi A

i have not got a scanner but happy to send a copy to you if u pm me your address.

hels


yes matt i will continue with my monetory claim but i need the remainder, of my info ... the full history of my banking with barclays, why claim for 6 years when they can and should supply me with 12 years, that way i claim back what they owe me full stop. However they have not sent me the remainder of my info which i requested by sending another sar, the 40 ends on monday. I have not received anything as yet!!!

[hels bells]

also, i might add i am not going to appeal the judges decisions i do not have a lawful reason to do so, however i wanted the the transcript for the ICO to prove a point if i needed too. the point being a policy should be held by Barclays and should have been brought to the court on the day, i would have lost hands down if they had produced one, and they should have a policy, its not possible to determind retention of data as and when they see fit without such a policy, its down to what their policys state. If my data was destroyed who gave them permission to do so, again without this written in a policy it cannot be correct procedure can it?. i did ask this in court but was answered, 'i don,t know' by the judge, 'they just don,t have it '. where is it then. does anyone see my point?

hels

if i sound cross i don,t mean too but it is very frustrating!

[hels bells]

pps, i am sure the barrister did not think he would win on court day, he did not bring a cost list to court with him, the judge even thought that was strange, tut, after all his training!!!


hels

[hels bells]

Hi All

thanks for the PM , but i have no scanner is there an alternative, what i need help with is my next course of action to take as the bank has not responded to my SAR for all banking history, any ideas for a LBA which requests all data, letters, contracts, statements ect as i have not recieved anything at all and 40 days has ended.


any advise or link to the next letter?
hels