Have Barclaycard Shot Themselves In The Foot ?

[mrpromiscous]

OK this is whats happened, Subject Access Request sent in October 2006, 3 weeks later I recieved statements going back to July 2004 and the standard letter of the time about statements prior to this date being stored on microfiche. After the information commisioners office ruled microfiche was a relevent filing system I sent a second Subject Access Request and today (3 months later) I have recieved a letter saying there was no activity on the account between January 2001 and July 2004 so therefore no statements on record. Now I know this isnt true because the earliest statement they have sent me for July 04 has an opening balance of £728.09 so obviously there was activity prior to this date !!!! I have spoken to them this morning on the phone and they are adamant there was no activity reported on the system sub 2004 and someone from the relevant dept. is phoning me back later today. Thing is if Barclaycard cant prove I used my Barclaycard prior to July 2004 then surely the debt is unenforceable after this date ! Hence all payments after this date, interest applied, late payment fees and the balance itself should be repayable to me ?!?!? Please tell me what you all think on the matter cheers.

MrP

[ladybird17]

Hi Mr. P.

I've read your post a couple of times and I can't quite get my head around what you're saying!
Regardless of what happened prior to July 2004 - there was still a balance of £728 odd on your account - so are you saying that BCard don't know how that got there - or was that balance there prior to 2001? Unless in fact, you got the card in 2001, and they are saying there was no activity between the time you got the card and 2004, then obviously they have to explain how there is £728 outstanding if you didn't use it.
I think it depends on when the card was isued to you.

I think!!

[pobat]

That is mighty strange. Push them into revealing how that balance got there. Make sure you record all phone calls for this one. There is a program called EzPhone Recorder. You can use it if you have a dialup modem on your PC.

www.ezphonerecorder.com

On another note, write them a letter question how this amount got there, and tell them that without statements you will be forced to claim the full sum back.

[pobat]

It may also be that BCard have lost your microfiche statements, and are using this as an escape route. The Data Protection Act does state the Personal Data Must be kept accurate and up to date. Its not accurate if they can't show where the £728 came from, and its not up to date if statements are missing.

You should also mention the security of using the Microfiche in your case.

[mrpromiscous]

Ladybird yea the account was opened in Jan 2001 so indeed if they cant tell me how the balance got there then how can they explain the £700 odd balance ! Pobat thanks i'll look at that software now cheers matey.

MrP