DPA - Non-Compliance - shall I start a claim???

[make_me_happy]

Hello,

I have written first time to Barclaycard on 19 february 2007 to request my statements for the last 6 years. I have received no answer, so after the 40 days have passed I wrote a LBA giving them 7 days to supply the information. After 2 days I received statements, but only from 2004 onwards. I have written another letter gicing them 7 days to send the rest, but no reply. Shall I go and file a claim for non-compliance with MCOL? Can anyone please help on this subject?

Many thanks

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[Phonesurgeon]

Barclaycard have done the same with my missus and have sent LBA to no avail...
Tomorrow morning she will file at court for Data Protection Act non compliance.
Just one question springs to mind
Who's the defendant in this one?

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[make_me_happy]

Thanks for that. Please let me know the steps to follow as your missus claim.

[Phonesurgeon]

Filed the non compliance claim today and the clerk at court she didn't know what to do with it.
took me a good 15 mins explaining only to be told that before being processed it will go before the judge for direction????

[vindaloo]

Good luck! I requested Subject Access Request on 19th Feb as well...still had NO information

I complained to the Commission on Saturday..just waiting for a reply. I'm only giving them til this Saturday then I'm off down Court. I'm considering putting in a very small claim(~£40) for my time writing letters etc. I read that you need to prove this so will only be claiming for 5 or 6 hours.

Barclaycard really are doing as they please. Just read in someones post that Barclaycard have deleted/removed/lost someones info!!! I might go contractual on their a$$ for all of this timewasting.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[make_me_happy]

My hubby has sent a threatning letter regarding his Data Protection Act and in within 7 days he received all his statements.

[Phonesurgeon]

3 threatning letter and still BC did not comply.
i filed at court and i did not put anything for compesation, left it at court discretion.
All i want is the missing info so i can start claiming

[make_me_happy]

Terrible, I wonder where all this is going to get!!!!

[vindaloo]

My post is due in the next 30 mins, I might go court today if it's not here.

[vindaloo]

Phonesurgeon...can you please confirm which form you filled in to gain access to your information please? I thought it was an N1, got there and the (rude) girl told me it should be an N244 Application Notice (£65).

TIA

[Phonesurgeon]

Nah i went to court and filed the N1 with the Data Protection Act non compliance
the particular of claim is in the bank template.
I don't know about the fee as i receive JSA i am exempt...
Just tell the court receptionist that and if she is not sure ask for a supervisor or a manager to have a look.
In my local conty court i ve made history as "apparently" i was the first one applying for a compliance order against a financial institution.

[kashie]

Phonesurgeon,

Can you help me?

See Kashie V Barclaycard for non compliance of statements.

[vindaloo]

Originally Posted by Phonesurgeon

Nah i went to court and filed the N1 with the Data Protection Act non compliance

Thanks Phonesurgeon...sorry for being thick, but where can I find the Data Protection Act Non-Compliance form?

[vindaloo]

Bump

[ireatianu]

Hope this helps

http://www.consumeractiongroup.co.uk...html#post39317

[disgruntled2007]

Hi Phonesurgeon.

Can we share notes etc on the claim bundle? I'm taking LTSB for non-complaince too. Not too sure how to put my case bundle together!!!

They supplied 6 yrs of stuff but not all of it is intelligible. I wanna hit them for pre 6 years stuff and more explanation.

HELP!!!

Can anyone who has received pre6yrs paperwork from LTSB on a S.A.R - (Subject Access Request) let me know because I am facing them in court on the 15th June in a part 8 hearing for Data Protection Act non compliance of full disclosure!!! Any other info will help my bundle, too!!!

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[make_me_happy]

Silly banks. Not only they are delaying in sending the info through, but also when sending the info they are sending it twice......!!!! How ridiculous that can be?????