Atlantic vs. Barclaycard

[Atlantic]

I'm just moving my attentions onto Barclaycard now........!!!

As always any help and advice is really welcome - from having had a quick look over the threads here and compared to Barclays and RBS (my other claims) they do look like a really tough/ tricky "nut" to crack!!

[Atlantic]

It's just starting to look like a likely 7 month long haul....... and as Barclaycard refuse to send out statements from chatting to them (albeit nicely!!) over the phone then I'm forced to send out my Subject Access Request, under the Data Protection Act........

Oh yeah - for those of you at this stage (preliminary Subject Access Request) I got the below address confirmed for sure from Barclaycard. It really is a new department set up just for this job of supplying old historic statements as apparantly they're another organisation getting snowed under with claims!!



7th May 2007

Department LRC,
Data Protection Team,
Barclaycard,
1234 Pavillion Drive,
Northampton. UK.
NN4 7SG

Data Protection Act 1998 - Subject Access Request

Dear Sir/Madam

ACCOUNT NUMBER: XXXX-YYYY-SSSS-ZZZZ

Please supply me with a complete set of statements relating to my banking history with your organization (Barclaycard).

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. I would be happy to collect the data from my local Barclays branch.

yours faithfully

Atlantic

[Atlantic]

Subject Access Request (above) will duly be sent out by Royal Mail Recorded Delivery first thing tommorow morning ...as today's a bank holiday (must be too many claims for all of them to deal with so they need a holiday! )

[Atlantic]

I have the Royal Mail special delivery slip to say it's been sent and delivered at their end......

so now...... I reckon it'll turn out to be a long long haul... as from what I've read it seems the credit cards are the worst at either getting stuff done on time or coughing up...........

[Atlantic]

.... this is interesting..... I've just had a letter from Barclaycard about my Subject Access Request....

Barclaycard House,
PO Box 5592,
Northampton.
NN4 1ZY

Tel: 0870 154 0154

25 May 2007

Dear Atlantic,

Barclaycard services
Account Number: XXXX YYYY ZZZZ WWWW

Data Protection Act 1998 - Subject Access Request

Further to your request for copies of your credit card statements, we are writing to let you know about two things; firstly to enclose part of the information you have requested and secondly; to explain the position with regards to the other statements you asked for.

Enclosed you will find copies of your credit card statements from June 2004 to the present time. These statements are stored on computer. We will be sending your statements prior to this date later. These later statements are stored on microfilm (rather than computer) and, take more time to search and reproduce. We will get this information to you as soon as we can. This is likely to be within the next 6 weeks or so.

Statement requests are being processed in the order which they have been received to seek to ensure fairness. the Data Protection regulator, the INformation Commissioner, has been made aware of the position and knows that we are writing to you in these terms. The Information Commissioner is also aware that whilst we are endeavoring to supply this information as quickly as we can, we do not consider that the microfilm statements fall within the scope of the Data Protection Act 1998. Nevertheless, we are happy to provide these as a gesture of goodwill.

This information from June 2004 is complete in relation to your account at the time this information was drawn from it.

Yours Sincerely

Diana Eckerman

Barclaycard Customer Services

Encl. Statements

[Atlantic]

true enough the statements from June 2004 to present are all there..... so it's now down to the six week or so wait for the rest. Unfortunately for me the mass of charges I have had with Barclaycard are much older so I am going to have to wait a bit. Then again this could make things worthwhile in terms of the effects of compound interest when it does come to the time to send out the LBA's.

It does look like Barclaycard have not only been inundated with claims (and requests for Subject Access Request's) but the effects of court cases taken for their not having responded under the 40 day data protection time limit have had a good effect!

[Atlantic]

Has anyone else had problems in getting *all* their statements from Barclaycard??

Did they send you a "first instalment" and then forget to send the second? If not - how long did it take before the second set came through??

[jshtr3]

Hi, It seems everyone has this problem. I had to wait over 60 dyas for mine. You can still send the prelim and LBA while your waiting and just add the remaining charges before you file. You need to send an upadated schedule of charges every yime you update it if you decide to do this

[Atlantic]

right........ latest update...!!

I have sent an email to Natalie Page at Barclaycard, as her email address was on one of the other threads and apparantly she had proved quite helpful in the past for someone in obtaining their last six *full* years of statements.....

I am going to see what happens next now........

[Atlantic]

right folks.......... I might have some serious news on a viable way around Barclaycard's trick with *not* providing statements (as in they cash the £10 cheque, send you the pervious 2 years and then simply say the remaining 4 years will take "...six weeks or so")

I have contacted and gently, but very very politely "prodded" Natalie Page, who is a manageress in the special team set up to provide statements to Data Protection Act requests. I sent her a couple of gentle, very polite (and in absolutely no way hassling) emails telling her my story (i.e. that i'd sent off for 6 years statements, then BC had proceeded to cash the cheque and returned only 2 years)........ and today (just 5 minutes ago) I have received the remaining 4 years worth of statement.....

Her email addy is: Natalie.Page@barclaycard. co.uk . I do have her phone numbers, but as this is really quite sensitive would rather either give them through pm's or better still email her yourselves and she should give them.

I think this could be a possible breakthrough - as she is quite genuine about meeting the stipulated 40 day FSA deadline - - and almost everyone here on BC seems to be getting frustrated by their tactics leading to most submitting "half a claim".............

Happy days.......... now at least I can get a full, complete claim in with realistic numbers and evidence backing them up!!!

Good luck all....and hope this helps......

[Atlantic]

spready's and LBA's will now duly be calculated and sent...........

I never expected to get this far - and trying to establish a contact on that Data Protection Act team through phoning is seriously tricky as they throw your calls onto customer services............

[Atlantic]

spready's are now done........ and the effects of compounding are amazing, almost trebling the charges themselves...... and just to think the credit card companies have been doing this to us for decades now.....

the address i've used (I guessed by general consensus from the "contact" sticky) is:

Barclays Bank PLC,
Trading as Barclaycard,
1 Churchill Place,
London,
E14 5HP

as opposed to addresses in either Manchester or Northampton....

and...... the core part of letter I have used reads as follows:

Your responsibilities
I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. Your concealment of the true nature of your charges has prevented me from asserting my right until now

What I require
I calculate that you have taken £435.90 in penalty charges and overdraft interest on penalty charges plus £1,003.63 which you have charged me in overdraft interest for the sum which you have taken. This makes a total of £1,439.53. I request that you refund this amount in full and enclose a schedule of the charges which I am claiming with this letter.


Targets to resolve this matter
I hope that you will enter into a sincere dialogue with me about this matter and write on the assumption that you will prefer to do this rather than merely respond with standard letters and leaflets.

You have 10 working days, from receipt of this letter (i.e. by Monday 2nd July 2007), to reply unconditionally accepting my request in principle and letting me know a date by which I will receive payment.

If you do not respond, or do not respond positively, within this time period, I shall send you a further letter before action allowing a further 10 working days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments. After that will be no further communication from myself and I shall issue a claim at the expiry of the second deadline.

I look forward to hearing from you by return.

yours faithfully

Atlantic

[Atlantic]

This'll duly be sent off on Monday via recorded delivery.........

It is a big relief to be able to calculate charges and interest etc *accurately* and if I had the time and didn't need the money so much then I'd maybe escalate the "dirty tricks" delaying issue they use over the FSA agreed 40 day deadline to produce statements........ I can already see from all the other threads, as well as knowing what i feel hammering out the LBA's and spreadsheets that not having statements really messes up the reclaims process big time.......

[kia]

does any one ever answer your threads cos i will cant however give practical advice just moral support so go get em love xxkia

[Atlantic]

thanks 4 your support kia........ and steady girl!!!

nice bit of moral support always comes in handy.....

[kia]

your welcome atlantic xxkia

[Atlantic]

right.......... still had no reply from Barclaycard - - I am only guessing that the litigation address I have from the sticky (and have used) is correct....

so....... second LBA will be on it's way to them on Thursday 28th June..... by recorded delivery...... followed by an N1 when I get back at end of July........