**Barclaycard deleted my info - help!!!!!!

[Ros2710]

Am trying to claim charges from 2001/3 on a closed account. Had a letter yesterday following Subject Access Request saying

'Unfortunately we are unable to provide you with the information you have requested as it has been deleted from our main computer systems and is no longer available'

They returned my £10 and told me to write to Customer Services with a copy of their letter if I was after charges refunded.
Well, if they really have deleted them, what good is writing to the customer services going to do?
Or are they just hoping I'll go away?

[progenic7]

Hi Ros,

they cant delete data even from a closed account, certainly not when its more recent than six years old anyway.
2001 is the threshold for a closed account so they are probably hoping you just go away.
Send a Subject Access Request again with the £10 payment and insist they take the fee and treat as a full subject access request, remind them they are breaking the law under the data protection act to delete personal information newer than six years old.

[Ros2710]

Thanks. I will try that . will keep you posted.

[Bigmac versus]

Ros2710 hi there also put in that letter that you will report them to the information commisioner for non-compliance and remind them that the 40 days you are allowed to respond by still stands. It is law that they must keep your records 6 years closed or not closed, if they destroyed your data they will be in serious trouble, you could estimate your charges say think a number, double it treble it then add on 2 grand, bet they would find your info then, good luck.

[Ros2710]

sounds good. I know this isn't a very big claim, probably a few hundred. praps If they dont find info I can add a bit more on!! (I wouldn't really do that)

[Ros2710]

does this letter sound OK?


I am writing to you as directed by your LRC department regarding the provision of the above information. I am enclosing a copy of the letter received from your Data Protection team.

I am astonished that this information has been deleted. Under the Data Protection Act 1998 all information must be kept by law for at least six years

Unless this information is produced within 40 days from my original request (8th January) I will report you to the he Information Commissioner for non-compliance.

I will also pursue a claim for the refund of excess charges using estimated figures.

I am enclosing a cheque in favour of your bank in the sum of £10 with respect to the maximum statutory fee for processing this request

[progenic7]

hi ros, yeah that sounds ok mate, however me being me would word it a little more punchy than that i think. Dont go over the top but be very firm, let them know that under no circumstances will you back down over this (thats what they are hoping). I would add that you will be not only lodging a complaint with the info commissioner, you will be writing to your local MP and downing street, complaining to the OFT, forwarding all info to the police and lodging complaints with trading standards aswel.

Let them know how much trouble they will be in IF they have deleted anything that belongs to you, and suggest to them that they try and look a little harder this time and i think they might just find your info somewhere around

Johnny

[Ros2710]

its just my nature - I have been writing 'nice formal' letters in my job for the past 20 years!!
I'll see if I can be a bit nastier.

[progenic7]

Ha go Ros.

thats just my opinion anyway but i wouldnt take any s**t from them and give better than you get Always !

cheers mate and good luck, i'll be watching this space...

[Nuno21uk]

Was there any luck with this one?

[Ros2710]

No. I have threatened them but no luck. It was an acct which finished in early 2003 and I'm not sure whether I had any charges on this one. I decided not to bother. I have already won Aliance and leicester £3467 and have Barclays in small claims for nearly £2000.
I am also helping famiy and friends with theirs.