Maximums V Barclaycard

[maximums]

Oh well... I tried my best to settle the dispute. I now need to move on to the next phase of this saga.

I have spurted into action tonight and have been busy getting various paper work ready to send to various parties tomorrow morning (if there is nothing in the post from Ruffnuts or HQ).

I have been busy photocopying and printing all relevant data & correspondence.

I have:

1. filled in a detailed complaint form for ICO making reference to my previous correspondance and included copies of all the bumf...

2. I have done the same for OFT...

3. made a file ready for the press and...

4. made a file to send to the police.

And on top of all that I have been drafting up my witness statement, adding all this saga into relevant paragraphs... could do with a bit of advice here from a mod or someone who's good with words. Never-the-less... I am plodding on and going to get the court bundle ready to send at the end of the week.

It might sound over the top but... THIS NEEDS SORTING!! :|

I have used up a whole pack of paper... replaced my ink cartridge and tired my printer out... over heated my hole punch and given myself RSI... (maybe slightly exaggerated, but I am sure you get the picture).

Cor blimey... This is like being back at Uni... it's after midnight and I have been doing this since I got in from work. Time for sleep now I reckon... Big day of action at the Post Office tomorrow!! :lol:

[maximums]

Ruffhead has finally realised that there is something dodgy going on here and should be emailing me back very soon with a 'simple explanation' as to why I have recieved untrue statements...

We'll see eh!!

[maximums]

Has anyone got a template for a non-compliance witness statement that I could amend/edit accordingly and use in my court bundle??

Would be much appreciated... :-)

[maximums]

What a joke.

Have a read...

In today's post... Responses to my letter of the 12th June (& emails of the 20th) from Adrian Ruffhead and from HQ (John Varley's office)... both very disappointing

First from Ruffnuts...

'Further to previous correspondence and your e-mails of 20th June, I can reply as follows;

1. Account *** **** **** 1004 (also known as **** **** **** 9005)
I understand that you state that copy statements for May 2004 - Nov 2005 are not true copies because they show zero balances. The reason you say this is because a set of copy statements sent to you from the Barclaycard S.A.R - (Subject Access Request) team showed different balances.'

Not once have I ever said to Ruffhead that I had a set of 'correct' statements from the S.A.R - (Subject Access Request) team. I even sent an email on the 20th which reiterated a few points which he seemed to have misunderstood. In the email (which he refers to at the beginning of his letter), I said:

'I DO NOT have a complete set of statements for account ending 1004. Each time I have received statements for the period May 04 - Nov 05, they have been the same blank copies showing zero transactions and zero balance, which have been discussed in my letters.

The S.A.R - (Subject Access Request) still HAS NOT been complied with as I DO NOT have statements for the period May 04 - Dec 05. These statements are missing and are the reason why I am continuing with the non-compliance court case.'

I am so frustrated that he can't even read letters and emails properly... he is living in his own world and isn't listening to what I am saying to him... ARggghhh!!! Anyway... his letter goes on to say:

'In order for me to resolve this, I will need to examine the statements that you received on 30th March, therefore please send these to me. I assume that these refer to the same account numbers as above.'

No way matey... I am not sending them back so he can wriggle out of it. The bundle of statements that were sent to me on the 30th of March had missing chunks. The next batch had zero balances and the batch after that had zero balances. This has been explained to him several times. He obviously can not understand plain English.

'2. You have referred to what appears to be a new claim, for refund of charges applied to your Barclaycard account. As this does not form part of your claim, it has to be treated separately and you will have to send your request for any refund to be considered by the relevant team at Barclaycard.'

Done that... Got the T-shirt.!!

The reason I have requested a settlement for a full refund is in order for the whole saga to come to an end and to give Barclaycard a chance to 'avoid public questioning of Barclaycard’s statement integrity, or even public speculations re forgery – questioning in front of the press, with a nationwide audience including millions of Barclaycard holders and commercial outlets'. Again, he doesn't seem to understand English. The letter goes on:

'3. My instructions are that the agreed £30,00 payment as part of the settlement of this claim has been paid by credit to your account.'

No it hasn't... £30!!! What a cheek... I've probably spent that alone on recorded delivery letters.

'I am continuing with my enquiries with Barclaycard regarding the point 1 above but it will assist if you send me the copies of the statements that you say differ from the ones I sent you'.

Yours Sincerely
A.R.
Legal Executive

THUMP! THUMP! THUMP!... (head banging against wall).

Next letter... in response to the letter of the 12th to Chief Exec, J.V, which had enclosed with it copies of the blank statements, email correspondence between Ruffnuts and I & copies of Ruffnuts's written correspondence. Here goes:

'Dear Miss Lady At The End Of Her Tether

Thank you for your letter dated 12th June addressed to our chief Executive, JV. It has been forwarded to me with request that I respond accordingly.

I am sorry to hear of your satisfaction with respect to the charges you have incurred on your Barclaycard account.'

SATISFACTION!! Apparently I am 'satisfied' with the charges... Really?

The letter I sent to them wasn't even about charges... it was about possible fraudulant activity within Barclaycard and the non-compliance court hearing.

'To ensure the issues you have raised are fully investigated, I have passed your letter to my colleagues at Barclaycard so they may contact you directly.'

But the letter was addressed the chief exec, JV, for this very reason... I need HIM to read about what has been going on and to look at all the evidence I have sent him. I have already written a handful of letter to staff at Barclaycard and I just keep getting the same automated responses.

'I would expect that you will hear from them further within the next two weeks. I hope that you find this to be acceptable'.

No... not really, considering we are going to court in just over three weeks.

'In the meantime, should you wish to contact me, please telephone on my direct line 020 7116 4903. '

Will there be any point?

'The financial Services Authority, by whom we are regulated, requires me to enclose a leaflet describing your rights when we respond to a customer complaint, and for that reason you will find it enclosed. '

Oh lovely, I will put it with the other 5... my kids can make a collage out of them.

Yours sincerely
Office Monkey
Costomer Relations Manager
Executive Support Team




I apologise to you for the sarcasm. I am just rather perterbed that even my best attempts at explaining the seriousness of this situation to AR and JV have fallen on deaf ears.

[veilside01702]

lol.....maximum....I know what you mean....
I had a 4 year battle with EGG lying about a phone call when I took a loan out in 2003.
They sent me a copy of it as they recorded it.....
It proved they lied.....but they tried to fob me off for 4 years.....
I won last monday.....they wiped the £4709 left on the loan....don't give up....
If you need anything just PM me and I will help in any way I can....
Russ

[veilside01702]

Also I spoke to Information Commissioners Office last week and they said anyone can take legal action against banks for compensation if we want.....I am after EGG for false processing of my data, breaching my Consumer Credit Agreement request and Harassmant from Moorcroft debt recovery ......lol
I can't believe they expect you to swallow their lies...lol
what idiots.....lol

[maximums]

Hi Veilside

Thanks for posting.

So you won a non-compliance with egg? And now you are after them for false processing of your data? I suppose that is pretty similar to what barclays have done. So what actually happened with egg? (If you can explain breifly).

I sent Ruffhead a letter yesterday, Via email and recorded delivery, which clears up all of misunderstandings highlighted in his crappy letter (listed in post 19) and also tells him that I am not willing to wait any longer for this to get sorted out.

So... I have got a file ready for the police, which I may use.

The main thing I need to focus on now is creating my court bundle ready for the 20th (well I have got to send it in 14 days before, so next week really). I have begun gatheringthe documents I can present at the hearing, such as my witness statement, The Data Protection Act, copies of all correspondence and the dodgy blank statements etc...

I am a bit stumped at writing the witness statement. I have tried to split each issue into seperate paragraphs, like they order... but am not doing too well. Any ideas??

Also do you have any ideas as to what other documents could be added to the court bundle...? Any other useful snippets relating to non-compliance or false processing???

Sorry to ask a lot of questions. I would appreciate any advice or comments you have.

maxine :-)

[veilside01702]

Hi maximums...
I know what the police will say....they always do,"This is a civil matter!"
You need to speak to area division headquarters.....ask to speak to complaints dept and ask them who would deal with this.....give them explanation and get them to point you in right direction....lol
Most police won't know how to handle something like this.....
Mine was dealt with Inhouse by EGG after 3 years of tying them up in knots.....lol
I had so much ammo to use against them that they gave in after realising I would crusify them in court.....
Lay it out in date order....of correspondance sent and received...
Do a numbered list of all correspondence to be relied upon, stating dates, recorded delivery numbers....
Including date of submitting complaint to the ICO....
Then a seperate numbered list of your points of contention.....
1) In my opinion Barclays have supplied false statements to my account.
2) Barclays have repeatedly claimed the supplied statements are correct in writing (See letter dated..............)
3) Statement dated...........shows a balance on my account of £.............., but the next statement dated..............shows a zero balance without showing any form of payment or explanation for this!
4) Statement dated...............shows the final copy supplied with a zero balance, but suddenly the next statement shows a figure of £............. with No spending on the account and again No explanation!
5) It is my opinion that Barclays have either lost my sensitive data and are trying to cover it up or Worryingly have falsified statements in an attempt to hide information I would rely on in court!
6) I am also of the opinion that they are doing this in an attempt to claim that they have complied with my Subject Access Request dated............, which they have not managed to do within the required 40 days.

I would respectfully ask the court to order full disclosure of the information that I have requested on numerous occasions and paid for, under 'The Data Protection Act'. I would also respectfully request that the Court orders a full explanation of the statements supplied and how it is possible for the balance to disappear and reappear again?
I again respectfully request the court to order Barclays to supply all relevant/necessary information as to explain, why their system appears to be supplying false/incorrect documents and why they insist these are correct.

Just a few thought maximum......
I will try and come up with some other idea's.....
Russ

[veilside01702]

relevant information from the ICO....
http://www.ico.gov.uk/upload/documen...n_strategy.pdf

Russ

[maximums]

Russ.... that's great. A real help in helping me to lay out the witness statement and what points to raise.

I thought about adding a section to my budle called 'Inventory of Costs', where I would list the costs and also photocopy all the receipts for printing and recorded delivery stubbs etc...

My contents page for the bundle looks like this so far:

In The ******** County Court
Non-compliance Data Request case
20th July 2007
Maximums v Barclays Bank
Claim Number: 7WJ****

Documents on which claimant intends to rely at the hearing

Contents

Part One Page
Witness Statement 1 - 6

Part Two
Data Protection Act 7 - 14

Part Three
Subject Access Request Letters 15 - 17

Part Four
Information Commissioner’s Office Correspondence 18 - 19

Part Five
Inventory of costs 20 - 22

Part Six
Corespondence from Myself to Barclaycard 23 - 25

Part Seven
Correspondence from Barclaycard to myself 26 - 59

Part Eight
Barclaycard Legal & Litigation Correspondence 60 - 61

Part Nine
Copies of statements (including zero balance suspect copies) 62 - 63

Part Ten
Blar blar 64

Do you thinkit wise to list it something like this???

And also... do you think I'd be better listing ALL corespondence together in chronological order, rather than in seperate sections??

yeah any more ideas.... do throw them my way... They'll be much appreciated. I am going to work on this over the weekend and hopefully got it sent off to Ruffnuts and to the court at the start of next week.

maximums xx :-)

[Happyolddog]

This might help Max,
I know that people have tried for 40 hours of costs and got only 10, in my claims i have gone for 20 at £9.75 per hour.
http://www.legal-beagles.co.uk/forum...-barclays.html

good luck,
hod..Liam..

[Happyolddog]

sorry crap link to the wrong place.......you want a wasted times order!

Doh I just woke up. Celestine knows a lot more about this and i am sure will answer you better if you were to send a PM.

Good Luck,
Hod..Liam..

[Happyolddog]

http://www.legal-beagles.co.uk/forum...ts-letter.html

theres the link,
sorry for being a thickie,
PMSL
Hod.Liam..

[Paule]

This is the letter and order I used for wasted costs

http://www.legal-beagles.co.uk/forum...html#post12816

Paul