Elky vs Barclaycard

Elky · 31st January 2007, 10:50

Hi all

Decided after all to start proceedings against Barclaycard. I sent them an Subject Access Request on 16th January. Yesterday, I received the following letter from them, dated 25th January….

---------------------------------------------------------------------------------
Dear Mr Elky

Subject request access number: 1196

Further to your request for copy statements, we are writing to inform you that the legal time limit for supplying this information is about to expire. If your initial complaint was through the information commissioner the time scale is 28 days. If this is your first request the legal time limit is 40 days

The reason for the delay in our providing this information is the very large number of identical requests that we have received, all of which we are obliged to respond to within the same timescale. The recovery of some of the information you have requested from archive is a lengthy and laborious process and we are reviewing our staffing position to put us into a better position to deal with the demand.

We have made the Information Commissioner's Office aware of the volume challenges we face and that we are writing to you in these terms. We are sorry for the delay but we assure you that we will let you have your statements as soon as we can.

We regret we are not able to enter into any correspondence with you about this issue.

Yours sincerely,

Adrian Whalley
Head of Privacy and Data Protection
Legal Counsel
Data Protection Team
Legal and Regulatory Compliance
Dept LRC
---------------------------------------------------------------------------------

Obviously it has only been about a week since they would have received my letter so it seems strange that I have been sent this already. Should I just stick to the 40 day deadline and then continue as normal or should I respond to this letter?

Cheers for your help

Elky

Elky · 1st February 2007, 12:20

Hi

Does anyone think I should respond to this letter yet or just give them the 40 days before taking any further action?

Cheers

Elky

Elky · 2nd February 2007, 10:10

Anyone?

Stornoway · 2nd February 2007, 23:11

Hi, I would ignore it and stick to the timetable. Once they go past the 40 day deadline you should send them a letter advising them they are in default of the Data Protection Act (there are threads you can find on this).

Good luck.

T4FF · 3rd February 2007, 10:37

Notorious Barclaycard delaying tactics. Now they can't hide behind their microfiche tactic (you can't have statements on microfiche) they are using it to delay sending you anything.

When the 40 days are up, send a complaint to the Information Commissioner's Office to complain too.

Elky · 6th February 2007, 10:55

I logged in to my Barclaycard account this morning and have just seen this under 'recent transactions'

05 February COPY STATEMENT CHARGE
129.00

Are they having a laugh or what?! Should I write to them asking them to explain this?

livelylad · 6th February 2007, 10:57

Quote:

Originally Posted by Elky

I logged in to my Barclaycard account this morning and have just seen this under 'recent transactions'

05 February COPY STATEMENT CHARGE
129.00

Are they having a laugh or what?! Should I write to them asking them to explain this?

Yes I would phone them first.

damiencannell · 7th February 2007, 15:28

Thats flipping outrageous!! Did you send then the required £10 for the Subject Access Request when you sent it off??? If you did then i would have a word with Mr Whalley and find out what they are playing at.

Would be interested to see what the response is as have recently sent my own Subject Access Request.

Elky · 7th February 2007, 15:39

Yes, I enclosed a cheque for £10 which hasnt cleared my bank so they obviously havent cashed it. Do you think its worth me ringing them or shall I keep everything in writing?

damiencannell · 7th February 2007, 15:56

Id say call them then follow it up with a letter anyway to keep the record of correspondance for use at a later date ie maliciously removing funds despite reciept of your letter and hence clearly your cheque.

Whan you call confirm if they recieved the cheque first before equiring if they want to explain why they have charged you for statements.

Alternatively this is Adrain Whalley's email:
adrian.whalley@barclaycar d.co.uk

Good luck and post what happened please

damiencannell · 7th February 2007, 15:58

sorry please remove the space in the email address shouldnt be there

T4FF · 7th February 2007, 16:22

Quote:

Originally Posted by damiencannell

Id say call them

That is, of course, if you are good on the phone! No point in ringing if you are going to get flustered.

If they confirm anything over the phone, tell them you want written confirmation of it through the post

Quote:

Originally Posted by damiencannell

sorry please remove the space in the email address shouldnt be there

You should be able to edit this post to remove that

Quote:

Originally Posted by Elky

shall I keep everything in writing?

Personally I prefer to do this, so either via the email address if it's urgent or by mail if not so.

Elky · 8th February 2007, 14:54

I sent them a polite email and now have the £129 back plus £12 that they were going to charge me for going over my limit.

Isn't that nice of them!!!

Elky · 13th February 2007, 11:54

I got a letter from them yeterday basically telling me that they would supply all the info I've requested about my account within the 40 day time limit - is this standard as I haven't seen other people getting this letter?

Elky · 14th February 2007, 16:09

Has anyone else got this sort of letter? Am I just special? haha

tracyjay · 15th February 2007, 15:47

Hi Elky,
I got a letter a few days ago saying they would send my details within the 40 days, but now I have just had the letter saying the 40 days are about to expire and they will not be able to supply my statements in time. I think they are just trying to make things as difficult as possible
Tracy

Elky · 21st February 2007, 10:25

Still no statements received from Barclaycard and their 40 days is up on Friday. I take it I send them template number 3 from the non-compliance letters?

LETTER BEFORE ACTION
Section 7 – Data Protection Act 1998

Dear Sir/Madam

Account: xxxxxxxx

You have failed to comply with my Data Protection Act Subject Access Request dated (Insert Date).

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

Yours faithfully

[name]

Elky · 14th March 2007, 11:12

Hi all

I still have received nothing from Barclaycard, not even a letter to say they still haven't had the time. I sent the LBA just over a week ago now but nothing.

What should I do now?

Thanks in advance!

Elky

paulpb123 · 14th March 2007, 11:29

Hi Elky,
If the time has expired then apply for an Order from your local court to force compliance. You can also complain to the Information Commissioner's Office. Might be worth one last phone call. You'd think Barclaysharks could afford to employ extra staff to meet their customer's demands since their record profits announcement.
All the best,
Paul

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