chrissy - v - barclaycard

[chrissy3554]

Hi All,
Could someone please advise me on when the 40 days start from? Sent Subject Access Request letter on the 8th Jan - just today (9th) received letter back dated 1st Feb stating the following -
BARCLAYCARD SERVICES
ACCOUNT NO xxxxxxxxxxxxxx
DATA PROTECTION ACT 1998 - Subject Access Request
May I confirm receipt of your request for personal information held by Barclaycard.
Copies of your statements have been requested from our Records Storage department and will be sent to you within the 40 day legal time scale.

Yours sincereley
Gail Gray (Mrs)
Barclaycard Customer Services

So when should I expect the details of the charges back?
Thanks, chrissy

[e28bigalbexley]

Hi Chrissy
The time scale starts two days after you posted the letter so they have till the 20th feb to reply.
Best to sent all letters recorded delivery (you can track it on line a print out details of delivery).
AL

[chrissy3554]

Hi AL ,
Thanks for that, I will keep a check on the date.
Chrisssy

[chrissy3554]

Hi Folks,
Well Barclaycard's time was up today and guess what? I received a letter stating the following -
Dear Mrs *****,

Barclaycard Services
Account Number ***********
Data Protection Act 1998 - Subject Access Request

Further to your request for copy statements, we are writing to inform you that the 40 day legal time limit for supplying this information is about to expire.
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.
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 assure you that we will let you have your stateements as soon as we can.
We regret that we are not able to enter into correspondence with you about this issue.
Yours sincerely

Adrian Whalley
Head of Privacy and Data Protection
Legal Counsel

Can anyone out there advise me on where I go from here? Has anyone else had this letter recently?
I find it strange that other banks etc are complying with the 40 day limit so why can't Barclay's?
Any help or advice would be appreciated.
Many thanks,
Chrissy

[e28bigalbexley]

Hi Chrissy
Then you should proceed with this Template 3 i believe
Data Protection Act - Non-Compliance - Template Letters
The banks dont set timetables the Data Protection Act does.
I know your no closer to your statements but it will show Barclaycard you mean business.

AL

[chrissy3554]

Hi All,
Thanks AL for the speedy reply - will take your advice and move to the next step when I have a moment.
Regards,
Chrissy

[chrissy3554]

Hi All,
Am now sending the following to Barclaycard -

20th February, 2007

Adrian Whalley
Head of Privacy and Data Protection
Dept LRC
Barclaycard
Northampton
NN4 7SG

LETTER BEFORE ACTION
Section 7 – Data Protection Act 1998

Dear Sir,

Re. Account number: XXXXXXXXXXXXXXX

I am in receipt of the letter dated 15th February, 2007 which you have supplied in response to my Data Protection Act information request dated 8th January, 2007. The disclosure of personal data is incomplete in that you have failed to provide a complete list of transactions and charges within the 40 day period. Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.
The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court and without any further notice.

Yours faithfully,

Hope this is okay - will be sending later today by recorded delivery. Will keep all posted on how I get on.
Regards, Chrissy

[chrissy3554]

Hi Folks,
I think that Barclaycard are playing dirty. Received a letter this morning will not put on the site but basically they state that my 'UK Cash Advance Facility has been withdrawn' I am not overdrawn on it, very near the max but that is all.
Has anyone else had this response to putting in a claim?
Regards, Chrissy

[e28bigalbexley]

Hi Chrissy
Yes they did it to me not this early, but they say they put it down to being a responsible lender. Crap really.

Al

[chrissy3554]

Hi All,
AL - they put that on my letter - re being a responsible lender! That's a laugh in itself! I originally had a £400 limit and within six months they put it up to £1k. Now that's really responsible!!!
Regards, Chrissy

[chrissy3554]

Hi All,
Posted LBA re non-compliance on the 21st Feb - still not received a reply. Can anyone advise next step please?
Regards, Chrissy

[chrissy3554]

Hi All,
On the 15th March received all my statements from Barclaycard with the following covering letter -

Dear Mrs Chrissy
Acc No XXXXXXX
DATA PROTECTION ACT 1998 - Subject Access Request

Further to your recent request for personal information held by Barclaycard; please find enclosed a copy of the card statements you have requested.
Statements held prior to May 2004 are stored on microfilm which is a means of storage that does not fall within the definition of 'relevant filing system' under the Data Protection Act 1998 ("the Act") nor within the bounds of what we are obliged to provide in response to your data subject access request as set out on the Information Commissioner's Office website at Information Commissioners Office – Information Commissioner's Office.
The information Commissioner has indicated his intention to amend this guidance. It is therefore as a gesture of good will to you, our customer, and in the light of this proposed change that we enclose copies of our pre May 2004 statements as you requested although we take a different view to the Information Commissioner's Office on whether these fall within thedefinition of 'relevant filing system' as set out in the Act.
This information we have enclosed relating to this account is all that we hold.
Yours sincereley

Karen Thompson (Mrs)
Barclaycard Customer Services

What an extremely long way to say .......'here are your statements!!'
Anyway, will now add up all the charges that they have taken from me and move on to the next step. Will keep you all informed.
Regards, Chrissy

[chrissy3554]

Hi All,
Added up all my charges and it came to £644. Sent off the usual letter requesting repayment of said charges on 23.03.07. Have been away on a short break and during this time have received a letter stating that they are reducing my credit limit blah, blah, blah. It also stated my current balance which I noticed was just over £200 less than my previous statement. Have now checked on line and they have refunded £230 under the heading of 'late payment refund'. Needless to say I am confused by this as in the letter I received about reducing my credit limit there was no mention at all of them having refunded any monies.
Is there anyone out there that can advise me on what to do now?
Many thanks,
Chrissy

[e28bigalbexley]

Hi Chrissy
Carry on as before in you next letter, tell them you have noted the part payment but there is still an outstanding amount of charges plus the interest they added to those charges.
Dont let them try to confuse you, which im sure they wont.

AL

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