Big al v Blobbycard

[e28bigalbexley]

Well they replied to my Data Protection Act pretty quick but along with lots of others dealing with B/C they have given me that old cherry about "prior to may 2004 Blah Blah Blah, Microfiche, date order, dont fall under Data Protection Act 1998,and £3.00 a statement stuff" but whereas you got printouts of some unintelligible list i just got back copies of statements back to may 2004 , so i suppose i will have to estimate their charges and let them prove overwise.

I will drop them a line using an adapted alanfromderby abbey letter,(many thanks if thats ok). they have upto 5th aug to comply with Data Protection Act Subject Access Request request.

Their charges add up to about £300 for two years i might double it because i really have nothing else to go on.

	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.

[caro]

Seems you have everything in hand here Big Al. Keep us posted.

[ecobabe]

hi, someone posted on here recently about another site penaltycharges.co.uk i had a quick look and it's not as comprehensive as this site, but seems like one of mods is a lawyer. he suggests writing back to barclaycard stating that the Data Protection Act 1998 covers paper and microfiche and reminding them that the request was for a complete list of charges and transactions on the account OR statements and that you will accept the data on their system....and are legally entitled to the information they hold. also state that the 40 days runs from the original request date. I have written to them to say this so will wait and see their response. i am also trying to fight my way through the Data Protection Act tofind this info. maybe this has already been said somewhere so if it has ...sorry.

[e28bigalbexley]

Thanks for yor support everyone and taking the time to reply, Sent a letter back to B/C today (recorded) that unless they comply with Data Protection Act and that i am not prepared to pay any more than £10 for relevant data, i will estimate their unlawful charges and let them prove any difference in court and let them explain to the judge why could they not supply me with the relevent transactional data to ascess my claim.

Cheers Alan

[e28bigalbexley]

Oh look those 'nice' ppl at b/c have refunded me £217.00 how kind. And they are going to credit to my account. Oh well looks like i will have to deduct that figure from my shedule of charges, it still leaves them owing me £182.62 , and seeing that the 14 day timescale on the Letter Before Action was up last week looks like i will be dropping a N1 into Dartford County Court on Friday

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[caro]

Well isn't that kind of them. Even better if they had given you the lot, but at least the interest will keep increasing in the meantime.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.