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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 18th May 2006, 13:28   #1 (permalink)
kaz
Basic Account Customer
 
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Join Date: Mar 2006
Posts: 37
kaz Novitiate
Default response to letter i sent

Hi there,

I sent a letter off to barclaycard recorded delivery using one on the forum as they had told me I couldnt go back further than 2004 on my account.

I recieved a response today along with statements from 2004. The letter firstly just repeats that information before that statements before 2004 are stored on microfiche. It then goes on to say ( and i hope i did use the right letter :I ) That my reference to Smith v Lloyds PLC is puzzling in as this fully supports Barclaycard for the above.

It then refers back to my letter saying other customers have only had them backdated till 2004 as they do not hold information before so they do not understand what i am referring to on this.

It ends really with so unfortunatly they are unable to disclose any further information under the Data Protection Act and the 3 pound a copy bit also.

Not sure what to do or if anyone has responded to a letter similar.

Any advice would be gr8

thanks

Karen
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Sent

Halifax (mortgage), Barclaycard and BOS Data Protection Act letters.
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Old 19th May 2006, 12:32   #2 (permalink)
Lueeze
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Default Re: response to letter i sent

Which template did you send?
 
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Old 20th May 2006, 15:48   #3 (permalink)
lennymfo
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lennymfo Novitiate
Default Re: response to letter i sent

Quote:
Originally Posted by kaz
Hi there,

I sent a letter off to barclaycard recorded delivery using one on the forum as they had told me I couldnt go back further than 2004 on my account.

I recieved a response today along with statements from 2004. The letter firstly just repeats that information before that statements before 2004 are stored on microfiche. It then goes on to say ( and i hope i did use the right letter :I ) That my reference to Smith v Lloyds PLC is puzzling in as this fully supports Barclaycard for the above.

It then refers back to my letter saying other customers have only had them backdated till 2004 as they do not hold information before so they do not understand what i am referring to on this.

t ends really with so unfortunatly they are unable to disclose any further information under the Data Protection Act and the 3 pound a copy bit also.

Not sure what to do or if anyone has responded to a letter similar.

Any advice would be gr8

thanks

Karen

I got similar reply but it stated that it didnt hold computer records before 2004 and as they dont have structured filing system before this time they do not have to comply under the Data Protection Act.

. Please send me the information which I am entitled to access under Section 7(1) of the Data Protection Act 1998 (the ‘1998 Act’) in relation to all charges which you have applied to my above noted account within the last 6 years from the date of this letter.
2. If you require any further information please let me know as soon as possible.
3. I enclose a cheque in favour of your bank in the sum of £5 with respect to the fee for processing this request.
4. I look forward to your response within the maximum 40 day time limit under the 1998 Act.
Yours sincerely

I too would appreciate any help.

Lenny
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Old 20th May 2006, 17:02   #4 (permalink)
kaz
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Posts: 37
kaz Novitiate
Default Re: response to letter i sent

Hi there,

This is the letter I sent which i believe someone else used also on the board. Just no sure where to go now with this letter. Thing is I opened the account in Jan 2003, Do you suggest I send 3.00 a statement for the yr and few months and can i claim that money back when asking for my charges back from them?. Really Not sure any advice would be great. The letter they replyied to this below was actually really cheeky.

I am in receipt of your letter dated 04/05/06, outlining that you could only provide me with printouts covering recent transactions on my account, because any earlier information is not held on a computer system.

My request was for a complete list of transactions and charges relating to my account since April 2000 – in short, a list of charges with dates and amounts – alternatively, a complete set of account statements for that period will be acceptable. This should be retrievable from your accounting systems, and easy for you to produce. I will accept a computer print out of these transactions.

I am aware that you have been willing and able to provide other customers with a print-out of transaction information covering this period – and am ready to bring this to the attention of the Information Commissioner should it prove necessary. I would also draw your attention to Smith v Lloyds TSB Bank plc (2005) EWHC 246 (Ch).

This letter has been sent by first class recorded delivery, and therefore should have reached you by 10/05/06 – as you will be aware, as of this date you have just 24 days in which to comply with my request. As stated above, a complete set of account statements for the period in question will be acceptable; however, I expect this to be provided within the time period for Data Protection Act compliance.

Should there be any further attempts to delay compliance, I will be left with no alternative but to escalate this matter into an official complaint to the Information Commissioner and/or the County Court under s.7 and/or s.13 Data Protection Act.
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