Information Commissioners Office - Barclaycard Visit

[Glenn UK]

Dear All

Just a small update, I spoke to the ICOs office today, they are expecting to write to those who complained in the next week or so, yeah I know we have heard that before with Abbey, if its any comfort my contact acknowledges that fact that she has told me this before.

Anyway I am sure that the letters will go out soon, I haven't heard anything to suggest that the Information Commissioners Office has changed its position since they sent the Abbey letter out.

On that basis it seems most filing systems are relevant including the fiche used by Barclaycard.

Something worth pointing out is that on the abbey thread there was some confusing about what is going to happen when the Information Commissioners Office makes its decision.

They will write to those who have complained but they wont be making a formal report. They will be issuing new guidance but there isn't a date for the publication of this so if you are waiting for fiche from Barclaycard and the 40 days has expired and they haven't responded to the LBA you can write to the Information Commissioners Office to complain and or take them to court. Up to you.


Glenn

[noomill060]

Hi Glenn,

Thanks for the update.

[Warms]

Thanks, Glenn

[Bookworm]

In view of the visit, don't you think people who have been fobbed off for a long time should try one more LBA, 7 days to comply, before going to the Information Commissioners Office?
(I never complained directly to the Information Commissioners Office, you (& BF) got my relevant bits instead, )
That's certainly my plan anyway, and it will please me greatly to send a "in your face" letter to Mr T. anyway. What's 7 days when you've been waiting for months?

[Glenn UK]

BW

I have spoken at some length to the Information Commissioners Office on this matter, as you know, the Data Controller has 40 days to comply, strictly speaking for a complaint to be registered with the Information Commissioners Office you don't even need to send the LBA.

I have recommended people do, then they have the option to either claim in the courts or complain to the Information Commissioners Office, or to do both.

If someone had been waiting a long time with their S.A.R - (Subject Access Request) and LBA expiring, but maybe not having done something about it, then it might be reasonable to send an LBA reminding Barclaycard of their responsibilities, maybe tell them about Abbey too.

It would go down well if it went to court i suppose but i don't think the Information Commissioners Office would be bothered as long as the 40 days had expired.

Something which has come out of my discussions with the Information Commissioners Office is that they operate in a rarefied atmosphere where the y only know whats going on if the consumer complains and tells them.

They have a view of how Abbey and others are behaving based on the complaints they get.

It is therefore very important that people complain to make sure that the Information Commissioners Office know and can therefore deal with problems.

Its become a bit of a hobby horse of mine (OH god not another bloody hobby horse!!)

Anyway people must do as they see fit and if they wish to send another LBA then it wont do any harm as far as I can tell.

JMHO

Glenn

[dayglo]

Hi Glenn,

When I was on my hobby horse earlier in the summer (you know - defaults, six years, CRAs, legitimate interests, schedule 2 para 6(1) etc)

my overwhelming experience of dealing with the Information Commissioners Office was that the complete and utter pointlessness of it all.

They have no power to enforce, they only offer 'in our opinion it is either likely or unlikely to be a breach of the Data Protection Act'

I have spent about 10 hours in total talking to them on the phone, god knows how many letters and e-mails have been exchanged, rarely did they understand the issues at hand....

anyway, just my thoughts - Information Commissioners Office a waste of time, energy and money.

[Glenn UK]

Well I guess it depends on what you expect to get from them.

I guess it depends on who you speak to as well, if you ring the help desk then i guess you could be disappointed with the info you get back.

The two contacts that the CAG have been working with are directly involved in the investigation of Abbey and Barclaycard and the change in policy.

In fairness if you expect a quick result from either complaining to the Information Commissioners Office or taking a bank to Court over non compliance then you will be disappointed.

I cant talk about the other myriad issues that impact on the Information Commissioners Office/CAG since I haven't been talking about default removals, only Sec 7, Data Protection Act.

What has come across though is that they have a skewed impression of how the banks are serving their customers (I'm sure we do too).

The only way to change their views and influence them is to be involved in some way, either complaining as an individual or through dialogue such as the CAG is engaging them in.

JMHO

Glenn

PS FWIW Abbey may take a different view to you about Information Commissioners Office now their system has been ruled relevant, maybe Barclay's will change their tune too.

[dayglo]

fair points.

I am very clear about what I expected from them.

Without going off topic too much, I complained in clear concise terms regarding secondary data processing and the other bunch of stuff that we talk about over in the legalities forum (!). One of their managers persuaded me to become a 'test case' I was involved in hours and hours of meetings, conversations and letters. It was a very frustrating exercise. From one day to another, it would appear that the previous days lessons, findings, discussions were completely forgotton, and we'd start again at square one.

The day before the issued their 'findings' (after 3-4 weeks of work) I got a call from their senoir casework manager who asked "so what was your general point again? that processing without your consent is a breach of contact law or the Data Protection Act becasue we don't have anyone that understands contract law!!!"

and so it went on....

I'm not foolish enough to believe that you can ring up the 'helpline' and get an answer to your specific needs there and then but I did allow myself to believe that they may have investigated my complaint properly. They did not. Granted, I had a unpleasent experience and that has coloured my judgement.

I suppose it's natural for anyone feel aggreived against an organisation that finds against your beliefs!

[dayglo]

by the way - from my understanding of the goings on at the Information Commissioners Office, 'team 2' the team assigned to investigate the B/C issues have already decided that theirs "IS" a relevant filing system and are in the process of 'writing it up'

[Bicester1]

OK I have had the same stalling from BC where is the addy for the Information Commissioner I will write today!

[TANZARELLI]

Hi Glen et al,

I typed a complaint this morning about Barclaycard, using the online form Information Commissioners Office website. I sent this by recorded delivery with a copy of my S.A.R - (Subject Access Request), Copy of fob off letter from BCard with microfishe arguement, and copies of statements from the month I closed the account till present day all showing 0.05p balance, even though account paid off in full.

What I really needed from Bcard was info from when i opened the account to when it paid of the full balance. Not following this as obviously there would be no charges on this.

So I complained to Information Commissioners Office as S.A.R - (Subject Access Request) deadline well up.

In your face Barclaycard.

I am stepping this one up a gear now as its been on the back burners for to long now.

Tanz

[TANZARELLI]

Hi bicester1

Try this and go to complaints

Information Commissioners Office – Information Commissioner's Office

[Kernowek]

Thanks Glenn, this is great stuff. At some point soon I'm going to take the time to read through all the info here to make sure I'm doing it right, then it's on!

[221b]

Hi all

I too am joining your B'stardcard hobby horses as have too been given the brush off by them.

As in, we have your statements, but you can't have them, but oh, wait a minute, suddenly we do have them to send you, but only if you pay us £3 a pop. How they've got by so long on that argument is beyond me...

I'm about to go for the next step. Not sure whether to do a LBA with estimated costs and hope they'll disclose them at the 11th hour, or to complain to the Information Commissioners Office and wait to see the results of the B'card investigation (btw, taking their time over reporting back, aren't they?)

Any pointers?

221b

[OscarMutley]

Hello everyone!

I am in the same position as 221b. I sent my S.A.R - (Subject Access Request) on 09/11/06 and received the statements from May 04 together with the "brush off" letter on 18/11/06. Quite a fast response I thought.

As the 40 days of the original S.A.R - (Subject Access Request) hasn't expired I'm not sure whether I can complain yet to the Information Commissioners Office about refusal to supply data. I'm wondering whether it might be better to wait a little while if the microfiche ruling for BarclayCard is expected imminently.

Grateful for any help.

OM