No.2 son v. Barclaycard

[BlueRuby]

As I'm the poor mug who pays this card off for my son from time to time and has so far swallowed all the late payment and overlimit charges, I thought I would try to recover those charges and at least get some money back. I just have to figure out how to get him to hand the dosh over to me!

Data Protection Act letter + £10 cheque sent 10 April. Reply dated 24 April received with statements back to May 2004 and a huge bundle of completely useless printouts! I'm proposing to send this letter today - it is a mixture of a letter posted by Snorkerz and bits from Alan's template letter - is it OK?

I am in receipt of your letter dated 24th April 2006 and data regarding my account from May 2004.

Unfortunately, you are incorrect in your assertion that earlier data is outside the remit of the Data Protection Act as the act clearly defines ‘Relevant Filing System’ as:

Any set of information relating to individuals to the extent that, although the information is not processed by means of equipment operating automatically in response to instructions given for that purpose, the set is structured, either by reference to individuals or by reference to criteria relating to individuals, in such a way that specific information relating to a particular individual is readily accessible.

As you state in your letter – the information I require is available from your “Customer Services Department at a cost of £3 per statement” and is therefore readily accessible – you will remember that I said I would accept statements in my first letter to you, but I do expect these to be provided within the time period for Data Protection Act compliance.

This letter has been sent by first class recorded delivery, and therefore should have reached you by 28th April 2006 – as you will be aware, as of this date you have just 24 days in which to comply with my request.

Should there be any further attempts to delay compliance, I will be left with no alternative but to escalate this matter into an official complaint to the Information Commissioner and/or the County Court under s.7 and/or s.13 Data Protection Act.

Sorry, it's a bit of a long post!

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[rogerebaker]

I like you are attempting to recover money for the kids. If they pay me back what they owe me when the refunds appear I will have a nice holiday around August. 8 Claims for compensation in all at varying stages.

Perhaps we are the new, Fathers 4 Justice

[BlueRuby]

Er, sorry Roger but I would actually have to be a mother4justice! Principle's the same though!

[rogerebaker]

Sorry!!

[wolfcub]

Hi All

I spoke to BC at the beginning of the week, was told they couln't refund the charges. Mon I sent letter before action. This morning got a call from a really professional guy and settled very near the whole amount.

Good, professional and straight forward. He started at 50% offer and I worked him up from there. Wish Lloyds had been as professional.

Good luck to everybody. At least BC face the problem head on.

Wolfy

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[BlueRuby]

I received a reply to my previous letter of 27th April pretty much reiterating what they said in the first letter. The only interesting bit was the last paragraph and I quote:
Barclaycard is not attempting to obstruct you or delay you. We are however ensuring that all subject access requests made to Barclaycard are dealt with in the same way, whether or not they relate to default fees, so that all requests are processed fairly and properly. Barclaycard have made it clear to customers for many years that copy statements held on microfiche are not required to be produced pursuant to a subject access request.

I think I'm going to have to pay up the £51 to get the missing statements and then, hopefully, claim it back later!

	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.

[BlueRuby]

Had another think and have now decided, after doing Vampiress's spreadsheet with its handy little box for estimate of previous costs which added another £350 odd of charges!!!, just to send them an LBA, followed in due course by a court claim naturally!

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[BlueRuby]

I've been a bit busy lately so after sending the LBA on 30th June I did not get round to filing a claim when I should have. Anyway, got a letter today from Fazeel Yousaf, Customer Relationship Manager and I quote:

"In your correspondence you have outlined case law which you say supports your view. As I am sure you will appreciate Barclaycard is aware of all the information you have drawn to our attention ( ). I must inform you however, that we disagree with your legal analysis.
Putting the above to one side, as a goodwill gesture and without any admission of liability, I am prepared to credit your account with the difference between the charges that you have incurred and the £12 fee recommended by the OFT. In accordance with the charges you have incurred, this would amount to £280.00.
May I take this opportunity to remind you that the best way to avoid similar charges in the future is to remain within your credit limit and ensure that your monthly payment reaches us within the required time frame".

My immediate reaction was 'how patronising' and then 'dream on BC' - £280 when I'm claiming (on my son's behalf) about £1132? So I'll be filing that claim pronto.

Not strictly relevant to this thread but still Barclaycard - I got my statement this morning (I'm not claiming on my account because I haven't had any charges) and they've reduced my credit limit "as responsible lenders". That's OK but what made me hopping mad was the next sentence "You're near your credit limit." (Yes, because you've just flaming well reduced it ) "To avoid paying additional charges please make sure that you remain within your credit limit, as an over credit limit charge would be incurred". What's the betting that the next letter I get will be offering me either a low-rate balance transfer (but I've got no credit left) or a loan?

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[GlenDB7]

I got nearly the same wording on my letter received from Debbie Woodcock Customer Relationship Manager. Sneaky b*gger