Barclaycard & Microfiche - they are wrong - OFFICIAL

[TANZARELLI]

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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[Tracey284]

Had the same rubbish about the microfiche some time ago. Does anyone have a template letter telling them that you now want the information they said they couldn't supply? Thanks

[AllanLyn]

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

	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.

[meatloaf43154]

I just got a letter from Barcleycards Paul Dickenson (littlewoods cards services) stating that "they do not consider microfilm statements fall within the scope of the Data Protection Act 1998"

And only sen 2 years statements - so guiess what letter tehy are gettting tomorrow from me.

Am i right that i can still enforce the 40 days from my orignal request or do i have to start hte 40 day clock again from today as tehy have provided part of it.

43154

[noomill060]

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.

[noomill060]

TRhat is if the 40 days are up. You must wait 40 days. Give then enough rope to hang themselves with.

[Glenn UK]

just to reinfocre noomill060 point it is important to allow the 40 days to expire before either complaiing to the Information Commissioners Office or filing at court (if going the court route you should send a LBA giving 7 days too).

THe 40 days is permitted for complaince in law.

HTH

Glenn

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[standingupformyself]

Hi there all.
Am inspired, thank you so much. I have three different banks/institutions to chase... Barclaycard, MBNA card and Abbey National.
I am going to send the letter and cheque requesting statements tomorrow, (recorded first class) What is the time scale I can expect from Barclaycard..... and please can someone encourage me with a sucess story from them? I owe £1600, £400 over my limit and yet have never tried to use my card since I reached my limit. Without seeing my statement I can only guess that around £800 of my debt is accrued charges, due to ill-health and inability to work over a period of 18 months.

[Glenn UK]

i won against barclay card

I got my charges
interet i had paid on those charges
contractual interest on top of that
plus costs

Does that help?

Glenn

	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.

[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 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.

	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.

[Ginger66]

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

[FANTASY CHARGES]

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 ???

	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.

[noomill060]

It matters not that the Information Commissioners Office is aware of their bleatings.

They have 40 days to comply. End of.

[achuaran]

Sorry Fantasy, - it should of course be 1998 - my typo error.

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[achuaran]

Ginger

I used the same template and have had an acknowledgement

[papadak]

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???

	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.

[achuaran]

Sent my Subject Access Request on 26th Feb. Same reply as yours, received on 9th March. As someone pointed out on another thread - Woolwich - STICK TO YOUR DEADLINE. They may not agree with with the Information Commissioner, but that's just too bad, they have to comply.

	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.

[papadak]

OK, thanks ... is there a template reply to my query please?

[noomill060]

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,

	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

	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.

[papadak]

Thanks, there appears to be a lot of the same happening here!