Ombler vs Barclaycard

[Ombler]

Hi guys sent my Data Protection Act Request off, and got a reply this morning, they said about the ten pound cheque but then said i would only be able to have information from march 2004 after that it's three pounds per item extra? I thought ten pounds was the max charge has anyone got to where i am or further as i'm not too sure what to do.

Thanks Guys
Ombler

Tell em to sod off!

They have tried this excuse time and time again, advise them it wont wash and under the guidelines they must have on record and provide 6 years if so requested by you!

[Ombler]

thanks is there a template letter for somthing like this? i'm about to write my reply but not too sure what to put in

[Ombler]

hi again,
not very good at writing letters so i altered one out of the libaray thanks, i'm just want you lot to read it through and let me know if its ok or pap.
thanks

Dear Sir/Madam


ACCOUNT NUMBER: **** **** **** ****
Further to your letter dated 20/04/2006 (ref: SS99/****************) reguarding my Data Protection Act request for information relating to my account. I am sure that you are aware that a Data Protection Act request carrries a maximum charge of £10 for any information that i see fit to retrive about myself from you dating back as far as i request. futhermore of you are unable to furnish me with all the information you are holding about me on your systems this would be seen as a breach of the Data Protection Act and non-compliance with my valid request and i would be forced to make a formal complaint to the Information Commissioner's Office reguarding your breach. So again i ask of you:-

Please will you supply me with a complete list of transactions and charges relating to my bank account since March 2006. Alternatively a complete set of statements for that period will be acceptable. Reminding you that there is only a maximum charge of £10 applicable (cheque enclosed with this letter)

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.

I enclose the statutory maximum fee of £10. You now have untill the 10th of june 2006 in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me then I shall be reclaiming them and also reclaiming the enclosed £10 Data Protection Act subject access request fee.
If there is specific information which you require in order to satisfy yourself as to my identity, please find enclosed a photocopy of my passport. However please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.
I would be happy to collect the Data from my local branch.


Yours faithfully,





Mr Benjamin Ombler

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[Ombler]

lol i'll do a spell check too

[Ombler]

this is what i'm thinkin of sending

Dear Sir/Madam


ACCOUNT NUMBER: **** **** **** ****
Further to your letter dated 20/04/2006 (ref: SS99/*************) reguarding my Data Protection Act request for information relating to my account. I am sure that you are aware that a Data Protection Act request carrries a maximum charge of £10 for any information that i see fit to retrive about myself from you dating back as far as i request. futhermore of you are unable to furnish me with all the information you are holding about me on your systems this would be seen as a breach of the Data Protection Act and non-compliance with my valid request and i would be forced to make a formal complaint to the Information Commissioner's Office reguarding your breach. So again i ask of you:-

Please will you supply me with a complete list of transactions and charges relating to my bank account since March 2006. Alternatively a complete set of statements for that period will be acceptable. Reminding you that there is only a maximum charge of £10 applicable (cheque enclosed with this letter)

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.

I enclose the statutory maximum fee of £10. You now have untill the 10th of june 2006 in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me then I shall be reclaiming them and also reclaiming the enclosed £10 Data Protection Act subject access request fee.
If there is specific information which you require in order to satisfy yourself as to my identity, please find enclosed a photocopy of my passport. However please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.
I would be happy to collect the Data from my local branch.


Yours faithfully,





Mr Benjamin Ombler

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[Ombler]

right done some tweaking what do you think of this i think i have covered most angles,

Dear Blah..........

Further to your letter dated 20/04/2006 (ref: SS99/*****************) regarding my Data Protection Act request for information relating to my account. I am sure that you are aware that a Data Protection Act request carries a maximum charge of £10 for any information that I see fit to retrieve about myself from you dating back as far as i request. furthermore of you are unable to furnish me with all the information you are holding about me on your systems this would be seen as a breach of the Data Protection Act and non-compliance with my valid request and i would be forced to make a formal complaint to the Information Commissioner's Office regarding your breach. So again i ask of you:-

Please supply me with a complete list of transactions and charges relating to my bank account since March 2000. Alternatively a complete set of bank statements for that period will be acceptable. (Please do not insult my intelligence by informing me of charges for statements, under current law you cannot charge me more than £10.00 for providing this information) Also I will remind you that the Data Protection Act covers ALL forms of recorded data, INCLUDING microfiche.

(FYI: bank statements are covered under the Data Protection act 1998, I refer you to Durant v FSA, in which the judge ruled that bank statement information is 'personal' information and thus covered under the Data Protection Act)

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.

I enclose the statutory maximum fee of £10. You now have untill the 10th of june 2006 in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me then I shall be reclaiming them and also reclaiming the enclosed £10 Data Protection Act subject access request fee.
If there is specific information which you require in order to satisfy yourself as to my identity, please find enclosed a photocopy of my passport. However please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.
I would be happy to collect the Data from my local branch



You think they'll get the message i'm not going to sit back???
comments advice please?

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[Bookworm]

They're still goign to tell you to sod off.

Their current argument is some cr*p about that their microfiche system is not a relevant filing system:
"Statements that are prior to this date are not held on a computer system or a structured relevant filing system and therefore, they do not fall under the data protection act 1998." is their current whizz.

Let us know how you get on.

[Ombler]

ok third draft this is the one i'm going to send


Further to your letter dated 20/04/2006 (ref: SS99/****************) regarding my Data Protection Act request for information relating to my account. I am sure that you are aware that a Data Protection Act request carries a maximum charge of £10 for any information that I see fit to retrieve about myself from Barclaycard dating back as far as I request.
Furthermore if you are unable to furnish me with all the information you are holding about me on your systems this would be seen as a breach of the Data Protection Act and non-compliance with my valid request and I would be forced to make a formal complaint to the Information Commissioner's Office regarding your breach. So once again I ask of you:-
Please will you supply me with a complete list of transactions and charges relating to my bank account since March 2000. Alternatively a complete set of statements for that period will be acceptable. May I take this opportunity to remind you that the Data Protection Act covers ALL forms of recorded data, INCLUDING microfiche therefore the maximum charge is £10
Bank statements are covered under the Data Protection act 1998, I refer you to Durant v FSA, in which the judge ruled that statement information is 'personal' information and thus covered under the Data Protection Act

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.

I enclose the statutory maximum fee of £10. As my Data Protection Act request carries a 40 day deadline you now have until the 10th of june 2006 in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me then I shall be reclaiming them and also reclaiming the enclosed £10 Data Protection Act subject access request fee.
If there is specific information which you require in order to satisfy yourself as to my identity, please find enclosed a photocopy of my passport. However please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.
I would like to take this opportunity to thank you in anticipation of your cooperation in this matter, bringing it to a speedy conclution. I would be more that happy to collect the data from my local branch

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[Ombler]

i cannot understand the microfiche thing as barclays returned all my statements off microfiche within 72 hours of me "complaining" about non acknowlagement of my request. The Woman on the counter at barclays said that these people who look after and retrive microfiche data are at centres that are manned 24/7 so there is no excuses for them to not get the data out out of storage, the only thing she added was that it is all in boxes so it's a bit of luck where abouts your particular box with your microfiche in is in the warehouses.

Surely Barclaycard use the same warehouses and systems.



MODERATED threads joined .please keep to your original thread when updating this is for your benefit and the benefit of everyone who is following your claim

[Ombler]

Right hi guys I don't know where my thread for this has gone.

I'd gone past the 40 days for the Data Protection Act request, Had the sorry it dont do microfiche letter back then i sent one back saying "oh yes it does" (started getting a bit like punch and judy with customer relations. I then said that I had no problems with Barclays Providing me with the microfiche, in fact they sent the same information twice. I got this letter back today.
could you please read this and give me some advice. I was thinking allong the lines of photocopying a page from my barclays stuff as they all ave microfiche references on lol, who they trying to kid?
Any way here's the letter they sent.

Dear Mr B Ombler,
Data Protection Act 1998 - Subject Access Request
Account Number: 4929 **** **** 5007

Thank you for your recent letter dated 7th June 2006. With reard to your request that we provide a computer print out of transactions on your account to date we are unable to provide the information requested. Our computer systems allow us to search for and identify individual charges applied to an account. It is therfore not possible to provide you with a print out of such charges. I would also add that barclaycard did not introduce default charges on its accounts untill mid-2001. The printout that has been provided to you contains the information that we currently have recorded related to charges on your account.

As explained previously copy statements held prior to May 2004 are stored on microfiche. The statments copied onto the microfiche in date order and more thank one customer statement may be held on an individual film of microfiche. These statments are not stored by reference to account number of customer name and are not "readily accessible" within the meaning of the Data Protection Act. These statements are therefore not retained in a relevent filing system and therefore do not fall within the class of documents to be produced pursuant to a subject access request.

Barclays Bank archives are not stored on microfiche which is why you have recieved the six years worth of statements. Barclaycard has a totally diffrent archive system and as such you have recieved data that falls under the act. Accordingly we are unable to disclose any further statement documentation to you pursuant to your request under the Data Protection Act. As previously advised you may contact the customer services team for copy statements. There is a standard charge of £3 per copy statement.

Barclaycard is not attempting to obstruct you or delay you. We are however ensuring that all subject access requests made to Barclaycard are delt with in the same way, whether or not they relate to default fees, so that all requests are processed fairly and properly. Barclaycard have made it clear to customers for many years that copy statements held on microfiche are not required to be produced pursuant to a subject access request.

Please do not hesitate to contact me if you wish to discuss the above issues further.

Yours sincerly

Rachael Shiels
Data Protection Team

Right I picked a few things:
: If there stored then they can be searched and 40 days for a "Data Protection Team" surley would be enough.

:I have two copys off barclays so called non existant filing system, they even have microfiche references on the paper.

:I cannot have the info, but... for £3 per statement i can???

:- their computer systems cannot print out such historic data? What they cannot plug a printer in or is it an Ecth-a-Sketch??

So guys help please?

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[lynzpower]

Ombler

Im haveing the exact same problem - pop over to the Data Protection area of the legalities bit of the site and have a look what Im doing. Im a bit in the dark meself

however, you do need to distinguish between barclaycard & barclays bank. they are different orgs.

Ive just spoke to the Information Commissioner again about this, details on my other thread over in legalities.

[Ombler]

hi thanks,
I sent a letter to rachael shiels correcting her on the whole barclays don't use the microfiche storage system saying that i would be more than happy to send an example if she doen't believe me seeing as barclays sent me 2 copies in 3 days ( i was shocked at their speedy responce) I also reminded her that they were over the 40 Data Protection Act request period. I have given her 7 days to send me the information before I contact the Information commissioner. I also added that if I was not to recieve the information that i would have to estimate the charges applied.
As they only sent me 2 years worth of statments ( a period where i set up direct debit to aviod charges not many will be on the 2 years i got. I however have been charged 1400 from barclays I think most of them relate to the period that i was having trouble paying barclaycard.
Is this ok to do put in an extimate? I am not going to sell my self short and even if it goes to court I will get some money back as they would then have to challange it wouldn't they?

	The Direct Debit Guarantee • The Guarantee is offered by all Banks and Building Societies that take part in the Direct Debit Scheme. The efficiency and security of the Scheme is monitored and protected by your own Bank or Building Society. • If the amounts to be paid or the payment dates change, we will notify you three working days in advance of your account being debited or as otherwise agreed. • If an error is made by us or by your Bank or Building Society, you are guaranteed a full and immediate refund from your branch of the amount paid. • You can cancel a Direct Debit at any time by writing your Bank or Building Society. Please also send a copy of your letter to us. This is a term of your banking contract and you can sue on it.