DPA request without barclaycard number?

[heppy23]

I've just been to look at my experian credit report and one of the two defaults is on a barclaycard. A lot of the default was caused by charges piling up.

The default was June 2000 so time is tight for me to claim.

I remember keeping one credit card statement as it had the account number but I cannot find this statement for love or money.

Can I do a Data Protection Act request without the number?
If not, how can I find out the account number?

	Credit Report Click link to open in new window.

[heppy23]

Can anyone help with an address for Data Protection Act people at Barclaycard.
I presume if I furnish them with dates and adresses they should be able to work out the account.

[heppy23]

Originally Posted by heppy23

Can anyone help with an address for Data Protection Act people at Barclaycard.
I presume if I furnish them with dates and adresses they should be able to work out the account.

Found it myself.

"We will not keep your information for longer than is necessary and will take steps to ensure that it is kept up to date. You have a right under the Data Protection Act 1998 to ask what information we hold about you. You can do this by writing to us at Barclaycard, 1234 Pavilion Drive, Northampton, NN4 7SG. "

I am so cheesed off with what Abbey are doing to me that it is now a case of gloves off, get them all. Data Protection Act letter going in the post tomorrow.

[Bookworm]

Good luck, keep us posted. Sorry no-one could help you with your questions, but glad you found them yourself .

[heppy23]

Originally Posted by Bookworm

Good luck, keep us posted. Sorry no-one could help you with your questions, but glad you found them yourself .

No problem. I go on a lot of web forums for various things and often end up answering my own questions.

[heppy23]

Got a letter from Barclaycard today. Quoted as below. My thoughts in Italics.

"Dear heppy23,

Data protection act 1998 - subject access reference xxxxx xxxxx xxxxxx

Thank you for your letter dated 3 April 2006 requesting copy statements since April 2000

I sent the standard Data Protection Act letter from the library, which said statements were one of several ways I was prepared to receive the info

I can confirm that I have ordered the statements from May 2004 and they will be with us in the next 7 to 10 days.

That's nice, the account was closed in 2000 so there won't be any statements!

Statements that a 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. They can be obtained from our customer services dept at a cost of £3 per statement.

I wasn't asking for statements or nothing. Anything will do. There are only about 6 months from April 2000 to when the account was closed so I think I might pay the £18. I will of course claim it back later.

Your request is currently being processed and will be actioned within the legal time limit of 40 days.

Yours sincerely,

signed

Lindsay P Hilton
Data protection manager
Data protection team
Legal & Regulatory compliance"

Next step is to write back that statements aren't the be all and end all of my request, info would be suitable in any format. Perhaps a comment about attention to detail for them trying to send me 2 years of statement from may 04 when the account has been closed for 5 1/2 years.

Any thoughts?

[Gaz Webber]

I would be a little concerned that they pull their finger out, as you only have a six year window of opportunity to claim the fees back. So you can really only claim for charges after April 2000, unless I am misreading the facts. Obviously, the longer they sit on the information, the less time you will have to claim anything back

[heppy23]

I think you are right. I think I will phone customer services tomorrow and get a cheque in the post for £3 times however many months of statements I can get.
I will claim that back from them if I proceed to put a claim in!

[heppy23]

Got a packet from barclaycard today.

Got a load of reprinted statements from May 2004 until now (bear in mind the account was sent to a collection agency in £2000!).
I still have a barclaycard account apparently!
It's got a balance of £2.54, a credit limit of zero and I never get sent statements!

Not sure what to do about that.

Got a load of Data Protection Act stuff which is quite hard to read as it's all codes. Can't find specific references to charges being applied at any point even though it seems to cover stuff going back to 1991 when I opened it.

I have been offered reprinted statements at £3 each, I would only need about 6 I think to cover the period from the 6 year limit to when it went to collection.

Any thoughts?

[heppy23]

Had a chance to look more closely at the Data Protection Act printout. Very thorough and comprehensive going back to when it was opened in 1991.

However, I can only find a few references to charges. (funny that!).

Things of note:-

Late payment fee flag = 9 (not eligible) - a code used to specify whether or not late payment fees operate on this account.

Overlimit fee = 9 (not eligible) - a code used to specify whether or not overlimit fees operate on this account.

Amount overlimit fee £0.00 - Amount the account may be billed for an overlimit fee.

overlimit fee 1 - 1=over limit at cycle. a code used to determine if and how an overlimit fee should be posted to the account.

amount last out of order fee £30
date last out of order fee 04/05/2000

So, my conclusions are that accounts are set up to be able to be charged automatically. It is also possible that your account can be set up so you don't get charged for going over limit etc but goodness knows how you could get these flags changed.

I told my other half about all this and she went through a lot of stuff when she got divorced but she sent some letters with the help of the citizens advice bureau and the banks stopped adding interest because she entered into repayment agreements with them. So it is possible those flags can be set in those circumstances.

So in the light of the info I now have to hand I have only got one charge of £30 in black and white. It will cost me £3 per statement to get other statements for the 3 or 4 months I can claim for. For the hassle factor I think I am going to let it go and concentrate on the abbey and capital one.
I am however going to ask them why I still have an active account owing them £2.54 and I have not had any correspondence from them in the last 6 years.

	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.

[Bookworm]

I've got the same format of info. The way I read is as follows:

page 5:

Months overlimit: x Number of months (not necessarily consecutive) etc...

Then further down same page,

One payment missed: y Number of times the account has missed one payment.

x & y represent the number of transgressions.

What I've done is add the 2 figures, then multiply by £20 (current charge cost, it might still have been £15 when your account was "closed"

(x+y) x £20 = Total amount claimed from Barclaycard. If they want to disagree the amount, I've told them to provide me with the right amount and evidence.

[heppy23]

Found it.

Mine is 9 months overlimit and 8 months one payment missed. I also have 6 two payments missed.

The only fee I have a record of being charged is £30.

Shall I ask them for 9+8=17 times £30 = £510?

Then the burden is on them to tell me I wasn't charged those fees between April 2000 (my 6 year limit) and June 2000 when it went to collection?

[Bookworm]

That's how I'd do it, yes. But not £30, their charges are currently £20, I don't think they ever were £30.

Ignore the "2 payments missed", it would be part of the total payments missed.

So 17 x £20, it seems to me. Feel free to copy my letter if it helps.

[heppy23]

I'll try £340 then and see what happens.

[heppy23]

I going to borrow Bookworms letter (with permission) and send the following:-

Barclaycard
Barclaycard House
PO Box 5592
Northampton
NN4 1ZY

Saturday, 08 April 2006


Dear Sir/Madam,

ACCOUNT NUMBERS: xxxxx

I note that following my Data Protection Act request, you sent me statements only going back as far as May 04, alongside a large computer printout containing some information about my account.

As I’m sure you are very aware, the reason for requesting the information was to ascertain the amount of unlawful charges applied to my account, prior to placing a request for refund. Unfortunately, due to your reluctance to actually supply me with the information requested, I have no alternative but to estimate the amount actually applied to my accounts over the years.

From the printout supplied, I can see that on the visa account, there have been, as far as I can ascertain, 9 over the limit charges and 8 missed (late?) payment charges; In total, 17 charges.
Since you have not supplied me with the dates at which these charges have been incurred, or how much was charged each time, I have no way of knowing precisely and have therefore decided to apply the current rate of £ 20.00 per penalty charge.

17 charges x £ 20.00 = £ 340.

It is my opinion, and that of the Office of Fair Trading (OFT), that these charges are punitive in nature, not a genuine pre-estimate of cost and not intended to reimburse your losses for a breach of contract occurring. You will by now be aware that the OFT has further pronounced in their latest statement that any charge over £ 12.00 would be automatically deemed a penalty charge, as per English Law and the 1999 Consumer Credit Regulations, and the Unfair Contracts Terms Act 1977 which require that contract terms be reasonable.

Accordingly I request that you return to me the sum of £ 340 by way of personal cheque within 7 days of receipt of this letter. If you choose not to do so, I will start proceedings for recovery in the County Courts. If I have to start court proceedings, you will become liable for my court costs and for an extra 8% APR as permitted under the County Courts Act (1984).

I also reserve the right to make a formal complaint to the Information Commissioner for your failure to fully comply with my Data Protection Act request, as I do not believe that you could not supply the requested information if you’d wanted to, and that the microfiche issue is nothing but an attempt to circumvent the Act.

If I have to go to court, I will of course advise the Courts of the circumstances behind my estimated claim amount, which is your failure to supply me with the requested information when requested, even though the said information was requested under the Data Protection Act.

It may well be, of course, that the amount of £ 340 is incorrect, and I am quite happy to stand corrected on the amount, and to accept a lower repayment, as long as you can provide evidence of it.

Yours faithfully

Heppy23

[Janet-M]

I think that is fine , they will soon start shouting if they don't owe you that much.

[vogelrok]

the microfiche. now thats a intresting thing. all my barclays bank statments, have in the top right hand corner, an microfiche frame and fiche numbers. when requested barclays can send them free. but barclaycard cant and have to charge £3 a statement.
think you are on the right lines of claiming from them. but didnt you say your debt is now with a debt collection agency. if so they will have all the info you need or they should have when they brought the debt. this is my understanding of this.
also as they have brought the debt, it was brought at a rather lower rate than what it was worth. i had read they pay 10-12% of the over all debt. but at worst if they paid 25%. either or either isnt the debt now no longer the full amount. but what the debt was brought for.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[heppy23]

The debt was passed on to an agency and I paid them (they were quite nasty as I remember).
I know agencies buy debts at a % of the value. I don't care though. I am not going to be nice to barclaycard just because they might have only got X% of the money. What I am wondering is if I should go after the debt agency instead?

[Seminole]

Was it Mercers? If it was then that's Barclays in house debt collectors. If it was an external agency, have you confirmed who the current owner of the debt is. This won't be a problem provided that the debt hasn't been sold. If it was then suing Barclaycard won't get you very far.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[heppy23]

Moorcroft according to the Data Protection Act stuff. The debt is paid, "settled" according the the default on my credit report.

	Credit Report Click link to open in new window.