Tobes v Barclaycard

[Tobes]

Hi - do you guys know as to whether BCard cancels your account if you claim?

I have an old settled account paid to a debt agency, which included charges.

I now have a new account in good standing...If I request just the charges back on the old account, can anyone speak of behaviour that could indicate that they might close down my current card?

Cheers!

Its unlikely, however we cannot promise anything, but I doubt it very much as they are 2 different accounts.

Good Luck

Lou x

[Tobes]

ok, instead of a Data Protection Act, I sent off a letter requesting a refund of an ESTIMATE of charges - the account is closed and I am pre-empting their microfiche response by adapting Bookworm's letter about creating an estimate due to lack of information. If asked why I didn' do a DPA I can hopefully rely on the kindness and solidarity of others to prove that Barclays would have refused my request!

[jonni2bad]

Personally, that doesn't sound like a strong arguement - remember this could reach court!

[Tobes]

ok, I respect your opinion, but if it is their policy to refuse to disclose the info., bearing in mind ALL my info is before 2004, I would have to to do a Data Protection Act, wait for the refusal, then possibly take them to court under the DPA, then maybe win and get the data, then request the refund, then maybe take them to court again...I'm going to try it this way, see what their reaction is, then I can always do the DPA thing anyway.

Thoughts?

[jonni2bad]

Originally Posted by Tobes

if it is their policy to refuse to disclose the info...Thoughts?

Well, I can only say I doubt you would prove it is their policy not to provide - it's more a case of them trying their best to wriggle out as early as possible.

[Tobes]

Originally Posted by jonni2bad

Well, I can only say I doubt you would prove it is their policy not to provide - it's more a case of them trying their best to wriggle out as early as possible.

Well aren't there umpteen letters received by people stating that they will not disclose data under the Data Protection Act before ~May 2004 because it is not covered by the DPA?

[jonni2bad]

Yes, and I'm not trying to be silly about this, honest, but actions like that do not mean policy - there would have to be proof that they will not, under any circumstances, supply info under the Data Protection Act.

I can only offer advice - and it would be to follow the proceedure shown on the site. Dave and BankFodder have gone to considerable length to guide us all, and cost too, but nobody can force your hand..

Best of luck
John

[Tobes]

Thanks, I'll report back if it's an abysmal failure or if I can make any progress!

[Tobes]

Guys,

Do you think there is a case to go to court to force Barclaycard to supply transactions prior to 2004 despite the microfiche argument?

If there is, because banks have to hold data for how many years or whatever, I would be willing to test the claim in court, because they're ****ing me off and I don't mind losing the money...So what's the verdict?

[Movingon]

There are various claims in progress and at least one concluded for this; look for threads started by seminole, alanfromderby, spiceskull, surreyscouser and more.

[Tobes]

ahh ok I hadn't noticed that anyone had actually gone to court!

EDIT: err can't find any of those people... lol
and no mention of any claims settled in the litigation concluded section...am i being dumb?

Has anyone won and received statements/transactions?

[alanfromderby]

I have two Data Protection Act claims in process at the moment - one has caused the defendant to agree to explore a negotiated settlement of the WHOLE matter. The other has produced the documents, although I am still unsure if this is a coincidence.

However, I would suggest a look at seminole's thread at the top of the Abbey forum - they have just filed an admission of guilt....sorry, a defence, to his claim!!

The text of the defence is worth reading, as it gives a full explanation of how microfiche data is retrieved.

[Tobes]

Thank you very much Alan, I appreciate your post.

Is there a draft of a microfiche-related Data Protection Act claim or would I have to ask someone specifically very very nicely to see if I could per chance look at theirs?

[alanfromderby]

Bank Template Library (Data Protection Act Non-Compliance)

[Tobes]

Not sure if this is news or not, I know it's been reported, but now it's official, just got a letter from Barclaycard reducing all of their charges in their T & Cs to £12.