Barclaycard & Microfiche - they are wrong - OFFICIAL

[marie30mc]

Thanks, im doing mbna first so ill start that then if i havent recieved them ill go down that route.
Ill keep you posted.
Marie

[bextar]

Hi wondering if anyone can help. I sent the Subject Access Request to BCard on 28th April as standard with the £10 cheque. Today I have recieved a letter stating that "they are unable to trace any information relating to an account in my name with the details i have supplied. If the account has been closed it is possible that the information has been deleted from our systems and therefore will not be available. If you have any more information that you can supply, ie change of address change of name etc please send for the attention of the above."

Well I dont have any account numbers, i shreaded everything, I have not moved or changed my name. But it was passed on to a default company and cant recall who they were? I know the account dates were 97 - 03 as it is on my credit report.

What should I do next?

Thanks for reading.

[brandedcentaur]

Hello all,

I have found some very useful information in this thread. I would like to share my experiences with Barclaycard with you as I think you may find them interesting.

I have already written to Barclaycard (S.A.R - (Subject Access Request)) and received the standard letter with their pathetic "microfiche" excuse offering to sell me copies of my statements for £3 each (what a cheek!).

I had also written to them asking them not to phone my house as I have difficulty hearing them and to please carry out all communication by letter. I told them that I am deaf and going blind because of a condition called Usher Syndrome.

As you will see from my latest experience, the fact that I am handicapped really tugged at their heartstrings.

I received a letter from Barclaycard to inform me that since Barclaycard are part of Barclays bank and that Barclays bank have taken over the Woolwich, they had excercised their rights and removed £440 from my Woolwich account. There goes my mortgage money for next month.

Naturally I grabbed my white cane and stumbled down to the Woolwich/Barclays branch on Main Street. The staff there are lovely and did their best to help me by starting an official complaint.

Having read as much of this thread as I could (my eyes get tired very easily) I wondered what my chances are of gaining compensdation for the (very real) stress etc they have put me through? Bear in mind the RBS case for compensation for damages and the fact that they have removed money from my account without proper consultation for repayment of unlawful charges.

Their letter pointed out that as a balance still remains (mostly their unlawful charges which I am attempting to reclaim) they will be removing more at a later date.

To sum up, if I wanted to claim damages, do the forum members think I would stand a chance? Also, should I go through my solicitors as I imagine the damages would take this outside the remit of the Small Claims Court?

Many thanks in anticipation of any replies I might receive.

[noomill060]

Brandedcentaur-

Forget about complaining to Barclays, they will just send you round in circles.

You should now start a Small Claim to enforce your right to your info and damages.

(It cost them £250 in an out of court settlement when they tried this on with me!)

Also make an official complaint to the Information Commissioner`s Office.

The Information Commissioner`s Office regard microfiche as a relevant filing system and will be very interested to hear that Barclays still claim that its not...

I will find the links for the template letters you need and come back later.

[noomill060]

RIGHT!

As they have taken money out of your Woolwich account you should empty it and close it as soon as possible.

Here is the link for starting a small claim against them to enforce your Subject Access Request:

http://www.consumeractiongroup.co.uk...n-act-non.html

Here is the link to the Information Commissioner`s Office website Information Commissioner's Office - ICO

and the link to their complaints form:

http://www.ico.gov.uk/upload/documen...aints_form.pdf

I suggest you email them as well compliance@ico.gsi.gov.uk


It would be better if you started your own thread as well, it makes keeping in touch with us easier and you will get more advice.

[noomill060]

As for damages- take a look at my sig:

I filed small claims against both Barclaycard and Woolwich as they tried to mess me around with the microfiche rubbish and ignoring my Subject Access Request.

It cost Barclaycard £242.56 to persuade me to withdraw my claim and Woolwich have so far offered me £248 to do the same. In Woolwich's case they havent paid up, so the claim is still active. They are in court with me on 10 October to explain themseklves to a judge if they dont cough up.

[brandedcentaur]

Wow Noom, thank you so much for all that information!

I will empty the account as soon as I can get down there but there's not much left in it. My main concern is stopping my pension from going into it (I am retired early because of my disability). I will also need to set up arrangements to have my mortgage paid out of another account.

I was reading earlier posts about damages. I am unsure if the posters were joking about the hundreds of thousands of pounds claimed (I would certainly not imagine I would be able to claim that much but I really am stressed out by the loss of what is, effectively, my life savings).

Thank you once again for the very helpfui post.

[noomill060]

Brand centaur-

Yes- get your pension paid into another account as soon as possible, and we can start to help you get your data, and ALL your unlawful charges back-PLUS the interest they have charged you on them PLUS your court fee (PLUS another 8% County Court interest on top!)

As well as some damages for failing to supply your data.

[noomill060]

The damages you recieve will only amount to your financial loss caused by their behaviour.

(Time spent chasing them @ a small hourly rate and all the letters and postage)

[brandedcentaur]

Originally Posted by noomill060

The damages you recieve will only amount to your financial loss caused by their behaviour.

(Time spent chasing them @ a small hourly rate and all the letters and postage)

I appreciate your advice but what about mental stress and the fact that they had been advised that I am disabled? They continued to ring my house even after I told them to desist and to use letters for all future communication (which I believe to be my legal right).

I had to negotiate my way down the busiest street in my town to get to that branch office. You would be surprised how many people fall over a white cane when a nearly blind person is using it as a warning to others that he cannot see them. I am quite sure a good lawyer would have a field day with this.

[flumpzoid]

This is a great thread. But I can't seem to glean exactly how much of this microfiche stuff these muthas have.

Questions:

Can I go back 13 years with my Subject Access Request? I know the answer, in principle, is yes, but how can I force B/card?

I have had multiple Barclaycards. I don't have the acc. no. for the earlier one when I was 18. What can I do if they deny knowledge.

I now owe both B/card and BB money after exploiting their exploitation of my labour when I laboured under their cruel yoke......(I worked for BB for almost a year) Any charges reclaimed from when I paid up in the past will be set against current debts. Can I wait for 3 years; until debt is limitation barred, and then claim earlier charges without the set off?

How do I calculate the exact date on which a matter becomes limitation barred.

Sorry if this sounds brutal but I worked for them. Personally I would like all Bank CEOs imprisoned for running a cartel. If these charges are not price fixing then I don't know what is. I'm surprised we don't hear more about this.....or is it my idea?

Lastly, if anyone has any questions on BB I will do my best. However, I only worked in a branch. AN interesting titbit is that BB's central communication system 'Open, Sort and Distribute' was known by staff as 'Open, Sort and Destroy'!

[FANTASY CHARGES]

any update on this thread ?

[slick132]

2 threads were covering the same topic with the same title.

I've merged them, getting rid of some duplicated posts and this will now stay in the BC Stickies.

[samcam]

Originally Posted by noomill060

Peter Townsend is not going to be a happy chappy....

Sorry to ask a stupid question but ...

Is this the same Peter Townsend that is the manager for Barclays Privacy & Data Protection at Radbroke Hall?

Is he also responsible for the Barclaycard data?

If so, that is very interesting. I have had contact with him re my Barclays Account statements and when I mentioned Barclaycard he seemed to indicate it was a completely different company and nothing to do with him!

[WebMaster]

Well, 3 years on, and Barclaycard are still claiming that their microfiche records aren't a relevant filing system, and hence are exempt from a Subject Access Request (see Webby v Barclaycard)

Since the Information Commissioner`s Office visited them a few years ago to inspect their microfiche records, I assumed they would have release a report on their website. Seems not though, and for a while all I was able to find were cases where inviduals' complaints about this had been upheld.

Today I found the attached PDF, which contains letters sent by the Information Commissioner`s Office to Barclays, Abbey, and Lloyds TSB on the subject of microfiche records.

For a bit more background context, the URL that I found the PDF on is Research visits re: non-electronic records - WhatDoTheyKnow (primarly regarding Abbey and microfiche)

[Bookworm]

Originally Posted by slick132

2 threads were covering the same topic with the same title.

I've merged them, getting rid of some duplicated posts and this will now stay in the BC Stickies.

Ah, that explains why I couldn't find a thread I KNEW existed and had updated the title myself!

[citizenB]

I think Barclaycard operate on the assumption that most requesters wont have access to this information. When they are confronted with a CAGer who confronts them with the Information Commissioner`s Office conclusion .. B/Cards response is ...

"We do not agree with the Information Commissioner`s Office's findings "

[Bookworm]

... But we will send you the info anyway...

[citizenB]

Originally Posted by Bookworm

... But we will send you the info anyway...

Absolutely

[samcam]

Unfortunately, even given this information, Barclaycard will still simpy ignore you.

PPI Claim & interest - Barclaycard

I had the standard response from BC and contacted the Information Commissioner`s Office directly. Even after I confronted BC with Information Commissioner`s Office response stating that their records DO form part of a relevant filing system they simply send the same letter saying it doesn't.

I've made an official complaint to the Information Commissioner`s Office now about this, but don't know what it will change.