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8th January 2007, 00:35
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#61 (permalink)
| | Classic Account Holder | Re: **Barclaycard & Microfiche - they are wrong - OFFICIAL** Quote:
Originally Posted by tamadus All will be revealed in due course. I don't want to tip their hand before I drop it on them though  | Very interesting tamadus, you have got me guessing.
MrP I had the same letter and sent a LBA to Adrian Whalley for non compliance. I then phoned him to tell him it was on its way. He sent me a letter dated 2nd Jan in response to my phone call, and low and behold, 2 days later most of my stuff came through the post in a letter dated 3rd Jan, all but statements from 2000 and a couple of others.
Have a look at my thread heres the link: Tanzarelli V's Barclaycard
Tanz |
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9th February 2007, 00:16
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#63 (permalink)
| | Basic Account Holder | Re: Barclaycard & Microfiche - they are wrong - OFFICIAL This is the letter I sent them .... and they produced the missing info. Mr Peter Townsend Privacy & Data Protection
Radbrooke Hall
Knutsford
Cheshire
WA16 9WU Date Data Protection Act 1998 Subject Access Request
Dear Sir ACCOUNT NUMBER: xxxxxxxxxx
Thank you for your prompt reply to my Subject Access Request. I am concerned that you say it is not possible to provide details that you hold on microfiche and I would like to point out the following recent information relating to an investigation by the Information Commissioner. I am aware this relates to Barclaycard, however, logic states that youshould also act on the Information Commissioners findings, that “Following our visit, we concluded that the microfiche system used by Barclaycard is a relevant filing system for the purposes of the Act. This means that in our view the information is personal data and should have been supplied as part of your S.A.R - (Subject Access Request) within 40 days and for a maximum fee of £10. As a result, it is our view that it is likely Barclaycard has contravened the sixth data protection principle, as this requires data controllers to process personal data in accordance with data subjects' rights.” In addition, section 13 of the Act gives individuals the right to claim compensation if they have suffered damage as a result of a contravention of the Act. I look forward to your confirmation that the information requested in our Subject Access Request is provided in full including any information held on Microfiche.
Yours faithfully,
Mr AllanLyn |
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15th March 2007, 23:53
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#65 (permalink)
| | Platinum Account Holder
Where else can you earn 8% interest on your money? Start your County Court claim NOW!!! Cagger since
: Sep 2006 I am in: a jacuzzi with Bananarama. I have not lived in Bolton since 1986
Posts: 6,661
| Re: Barclaycard & Microfiche - they are wrong - OFFICIAL No, they have to comply within the same 40 days.
I wouldnt bother sending them any more letters, just go to court to enforce compliance. |
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17th March 2007, 13:11
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#70 (permalink)
| | Basic Account Holder | Re: Barclaycard & Microfiche - they are wrong - OFFICIAL Received a letter from Mark Jones - Customer Services dated 9th March - in response to my Subject Access Request request dated 26th February.
" Enclosed you will find copies of your credit card statements from June 2004 to present time. These statements are stored on computer. We will be sending your statements prior to this date later. These later statements are stored on microfilm (rather than computer ) and, take more time to search and reproduce. We will get this information to you as soon as we can. This is likely to be within the next 6 weeks or so. The Date Protection Regulator has been made aware of the position and knows that we are writing to you in these terms. The Information Commissioner is also aware that whilst we are endeavouring to supply this information as quickly as we can, we do not consider that the microfilm statements fall within the scope of the Data Protection Act 1998. Nevertheless, we are happy to provide these as a gesture of goodwill"
19 days and counting - not my fault if they don't have enough staff, but at least they are now going to supply statements.
Last edited by achuaran; 17th March 2007 at 22:03.
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17th March 2007, 15:25
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#71 (permalink)
| | Basic Account Holder
Your bank owes you an awful lot more money than you realise See here Cagger since
: Feb 2007
Posts: 34
| Re: Barclaycard & Microfiche - they are wrong - OFFICIAL All
sorry to sound thick.Is it ok to use the same initial template requesting statements that would you would send to a bank.Can't find a credit card template on here.
Had oustanding amount with Barclaycard who passed to RMA collections who are being a pain in the arse and adding their own charges on without my knowledge.
Well done to all of you.......wanna make sure i get this right when i start taking them all on.
Cheers |
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17th March 2007, 15:50
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#72 (permalink)
| | Classic Account Holder | Re: Barclaycard & Microfiche - they are wrong - OFFICIAL Quote:
Originally Posted by achuaran Received a letter from Mark Jones - Customer Services dated 9th March - in response to my Subject Access Request request dated 26th February.
" Enclosed you will find copies of your credit card statements from June 2004 to present time. These statements are stored on computer. We will be sending your statements prior to this date later. These later statements are stored on microfilm (rather than computer ) and, take more time to search and reproduce. We will get this information to you as soon as we can. This is likely to be within the next 6 weeks or so. The Date Protection Regulator has been made aware of the position and knows that we are writing to you in these terms. The Information Commissioner is also aware that whilst we are endeavouring to supply this information as quickly as we can, we do not consider that the microfilm statements fall within the scope of the Data Protection Act 1988. Nevertheless, we are happy to provide these as a gesture of goodwill"
19 days and counting - not my fault if they don't have enough staff, but at least they are now going to supply them. | sorry to be picky was that your freulian slip or theirs ??? |
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18th March 2007, 12:25
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#75 (permalink)
| | Basic Account Holder
Your bank owes you an awful lot more money than you realise See here Cagger since
: Feb 2007 I am in: Scotland
Posts: 43
| Re: Barclaycard & Microfiche - they are wrong - OFFICIAL Ginger
I used the same template and have had an acknowledgement |
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20th March 2007, 13:11
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#76 (permalink)
| | Basic Account Holder
Watch out, there are Claims Touts about! Cagger since
: Jan 2007 I am in: Hertfordshire
Posts: 407
| Barclaycard antics!!! - Goliath vs David feel! Hi all on this swirly, windy North London day!
My story in as brief as poss, so bear with me.
I sent my first letter to Barclaycard 2nd Feb 2007 (so the 40 day limit is now up) & here was their reply ... DATA PROTECTION ACT 1998 - Subject Access Request
"Further to your request for copies of your credit card statements, we are writing to let you know about 2 things; 1st to enclose part of the information you have requested and 2nd; to explain the position with regard to the other statements you asked for.
Enclosed you will find copies of your credit card statements from May 2004 to the present time. These statements are stored on comnputer. We will be sending your statements prior to this date later. These statements are stored on microfilm (rather than computer) and take more time to search and reproduce. We will get this information to you as soon as we can. This is likely to be within the next 6 weeks or so.
Statements requests are being processed in the order in which they have been received to seek to ensure fairness. The Data Protection regulator, the Information Commissioner, has been made aware of the position and knows that we are writing to you in these terms. The Information Commissioner is also aware that whilst we are endeavouring to supply this information as quickly as we can, we do not consider that the microfilm statements fall within the scope of the Data Protection Act 1998. Nevertheless, we are happy to provide these as a gesture of goodwill." I have waited long enough for this info and now they are dragging their heels further! ... Any advise what to do next please???  |
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20th March 2007, 17:59
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#78 (permalink)
| | Basic Account Holder I am in: Hertfordshire
Posts: 407
| Re: Barclaycard & Microfiche - they are wrong - OFFICIAL OK, thanks ... is there a template reply to my query please? |
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20th March 2007, 18:50
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#79 (permalink)
| | Platinum Account Holder | Re: Barclaycard & Microfiche - they are wrong - OFFICIAL Heres what i wrote:
Didnt do any good, so I started legal action to enforce my rights under Data Protection Act. They have until begining of April to respond to the Court.
My addresss
Adrian Whalley
Barclays Data Protection
Radbroke Hall
Knutsford
Cheshire
WA16 9EU
xx jan 2007 LETTER BEFORE ACTION Sections 7, 13 and 15(2)– Data Protection Act 1998
Dear Mr Whalley ACCOUNT NUMBER: xxxxxxxxxxxx
I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated xx xxxxxxx 2006. The disclosure of personal data is incomplete and you have failed to provide the data requested.
Earlier this month The Information Commissioner instructed Barclaycard to provide me with all the data I originally requested, stating that Barclaycard are in breach of the Data Protection protocols. You have 7 days to provide the data requested.
May I also point out that, on the 21/11/06 a Royal Bank of Scotland customer was
granted a County Court order in respect of the failure by the Royal Bank of Scotland to comply with his disclosure request under the Data Protection Act. District Judge Forrester, making the order commented that had the claimant been able
to supply him with the name of the data controller at the Royal Bank of Scotland, that he would have added a threat of imprisonment for non-compliance. I suggest you consider your failure to comply carefully, I require this information to be sent to me within 7 days of receipt of this letter. Should there be any further attempts to delay compliance, ADRIAN WHALLEY,
I will be left with no alternative but to commence a County Court action under sections 7, 13 and 15(2) of the Data Protection Act 1998, naming you as Data Controller .
Yours sincerely, |
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20th March 2007, 23:28
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#80 (permalink)
| | Basic Account Holder
Where else can you earn 8% interest on your money? Start your County Court claim NOW!!! Cagger since
: Jan 2007 I am in: Hertfordshire
Posts: 407
| Re: Barclaycard & Microfiche - they are wrong - OFFICIAL Thanks, there appears to be a lot of the same happening here! |
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