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Enaid v Barclaycard ***Settled***
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Dear Mr. enaids lad,
My colleague Paul Quinn is dealing with your case.
Thanks,
Tom
Sent: 25 July 2007 15:15
To: Hickey, Thomas : Legal
Subject: Fw: Claim no 7QZ60811
Subject: Re: Claim no 7QZ60811
Dear Mr Hickey
I have been given your name as a representative of the legal dept for Barclays.
I have only the solicitors name on the defence, so did not know who is actually dealing with my claim.
I have a special directions hearing regarding this claim on 24th August at 14:00.
I wrote to your Northampton address on 31st May requesting a true signed copy of alleged agreement and T&C's that were in force when I opened my account. I enclosed a cheque for £1 this being the relevant fee I believe.
The letter was received on the 1st June.
As you will be aware the information should be supplied within 12 working days + 1 calender month or a criminal offence has been committed. This is according to sections 77 and 78 of the Consumer Credit Act 1994. I have so far not received this information.
I requested the information as it has been made clear to me that it is a very important part of my preparation for my case against yourselves for Unlawful Penalty Charges.
I really would like to put an end to this matter, without having to go down the complaints and possible court action regarding your non compliance. You have also breached the DPA as the information should have been supplied in my SAR.
Hoping to hear from you soon and with a positive response to this matter.
Yours faithfully
Enaids lad
ok folks this is the email i sent to Barclaycard and their reply the email was cc'd to Paul Qinn, how long would you give them to reply or would you do as i have said complaints and court route for non compliance?
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I would give them the industry standard 7 days. So often you get letters from them and DCA's demanding payment within 7 days, so I don't see why this shouldn't apply the other way around too.
If that gets no response, demand a copy of their complaints procedure, and bang in a complaint specific to this matter. Follow the timescales as set out in their own procedures, and if no joy, report them to the FOS for non compliance, as well as everybody else. Might as well get them fined by the FOS too, if the want to be silly.
It's the line I'm following myself just now.
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Dear Mr Quinn,
I emailed Thomas Hickey on 25th July, he passed the email on to yourself as he informed me that you are the person dealing with my claim.
The email was regarding non compliance under the Consumer Credit Act 1994 and my request for a true signed copy of an alleged agreement with Barclaycard. Also a copy of the T&C's that were in force at the time I opened my account.
I have so far not received this information, as stated before this is in fact a criminal offence. This information is crucial as part of my preparation in my claim for unlawful penalty charges against Barclays.
I am now prepared to give you 7 days to either supply me with this information or forward me details of your complaints procedure and the name of the Data Control Officer. I will also be reporting this matter to the FOS.
Yours faithfully Enaids lad
ok folks do you think that will wash with these peeps or what?
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