Gissie Vs Barclaycard: Are they trying it on??

[Gissie]

Sent my Subject Access Request 22nd January. Stapled my £10 cheque to the letter and clearly put my name and account number on the back of the cheque just to be extra sure they wouldn't lose it. So.......
Get my own letter back from them this morning (15th Feb) with a complement slip attached to it saying 'No Cheque Enclosed'. On checking the letter you can see that my cheque was definitely stapled to it and has clearly been detatched!!
If they haven't cashed it is there anything else I can do other than just send another cheque and wait another 40 days?

If this is a new tactic then it's hard to prove but it is definitely wrong!!!

[jan1ey]

Hi Gissie,

Personnally I would get them another cheque sent out today and post via recorded delivery that way you have record they have recieved it.

As to wait another 40 days.. well I couldnt give advice, I suppose its up to you, you could defend your case stating that you did send the cheque and its not your fault they lost it and are therefore sticking to the date of the first letter or you can give them a further 40 days from today..

I am just starting on the same course as you....

[Advoc8]

I'd also check with your bank to see if the cheque has been banked or not, and if it has explain to them that the payee is denying receipt and ask for a copy of the cancelled cheque. You can then go back to Barclays with this fact to exert leverage to get them to meet the 40 days from the original date.

[Gissie]

Just checked my bank and they haven't cashed the cheque. I will send another cheque and give them 40 more days I think, but notify them that the letter they returned (which I will hold on to) clearly has the tear and staple marks from where the original cheque was detatched.
If they are not trying it on, then it doesn't give you much faith in them, does it?
Thanks for your advice and good your case!!

[Gissie]

Finally got the Subject Access Request information this morning, but it is only dated from June 2004. They are saying that anything prior to that is on Microfiche and doesn't comply with the Data Protection Act 1998. I know that is false as I've read it here before. I couldn't find a quick link to the information though. They are saying it will be 6 weeks to retrieve and send out.

My Subject Access Request was dated 18th February so the 40 days is now up. What is the best course of action now?

[jshtr3]

Hi, I know you posted yesterday and have probably found it already but if not, here's the link you wanted
Barclaycard & Microfiche - they are wrong - OFFICIAL
I'm still waiting for my statements, Subject Access Request sent 22nd march so I'm sure they'll be a while. Good luck with it!
Trev

[Gissie]

Hi Trev,

Been away with work so just logged on to pursue this further. That was a great link. Cheers mate! It's good info like that, that spurs you on even harder. Undecided as to whether to call them, send them a letter detailling everything (a copy of a letter in that link in fact) and giving them 7 days to send remainder of information, or start court proceedings to make them comply.

Anyone been through this and got any suggestions?

Good luck with your's !

[Bigmac versus]

Usually enough to send them the non-compliance template (7 days lba)that suits to get them moving.

Template 2 i think.

Data Protection Act - Non-Compliance - Template Letters

[Gissie]

Hi,

Sent them this on 3rd April:

LETTER BEFORE ACTION
Section 7 – Data Protection Act 1998


I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 18th February 2007. The disclosure of personal data is incomplete in that at least the following documents are missing.

1) You have failed to provide a complete list of transactions and charges. You have only provided statements dated from June 2004.

2) You have provided no notes, or documents relating to instances of manual intervention.


You say that your Microfiche system does not, in your opinion, fall within the scope of the Data Protection Act 1998.

The Information Commissioner’s Office (Information Commissioners Office), after a recent visit to your office declared (Case Reference RFA0129130.):

“Following our visit, we concluded that the microfiche system used by Barclaycard is a relevant filing system for the purposes of the Act. This means that in our view the information is personal data and should have been supplied as part of your S.A.R - (Subject Access Request) within 40 days and for a maximum fee of £10. As a result, it is our view that it is likely Barclaycard has contravened the sixth data protection principle, as this requires data controllers to process personal data in accordance with data subjects' rights.”

“In addition, section 13 of the Act gives individuals the right to claim compensation if they have suffered damage as a result of a contravention of the Act.”



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.


Their 7 days is up and I just rang customer services. They told me nothing further had been sent to me and I should follow up my complaint. Should I initiate court proceedings and additional compensation?

[Bigmac versus]

Should I initiate court proceedings and additional compensation?
This will be to enforce compliance the choice is yours, i would also complain to the Information Commissioners Office in regards to their failure.

[Gissie]

Hi Bigmac,

Thanks for that. I was looking at alanfromderby's template 'Data Protection Act Non-Compliance - Particulars of Claim' to put on the N1 form. Is this the one I need to use? Does anyone know what the court charge should be as I was going to claim from noomill060's draft:

1) £100.00 as compensation for the significant inconvenience caused to the Claimant by the Defendant contravening the sixth data protection principle.
2) £100.00 to remunerate the Claimant for printing, photocopying, admin, general and other expenses necessarily incurred, and also the time spent in preparation and perusal for this claim;
3) £150.00 exemplary damages;
4) £100.00 aggravated damages;

I took out the £500 claim for 'distress'. Should I put this back in or does it need to be proven distress?

It just goes to show how awful Barclaycard are. You would think you'd get better service for nearly 30% interest! It would be easier to deal with the Sopranos. Would be nice to get some compensation to serve them right be being so c##p

[Gissie]

p.s.

Also, do I take action against Barclaycard registered office, or agianst Deborah Thompson who sent me the June 2004 statements and Microfiche 'fob-off' letter

Cheers