Capt_Crackers vs Barclays - Data Protection Act letter sent

[Capt_Crackers]

Hi all. Been reading the forum for a while and am finally ready to begin pursuing my claims. Here's my Data Protection Act letter for Barclays - will be going in the post Monday morning so let me know asap if there's owt up with it!

And keep on keepin' on!

CC




Barclays Data Protection
Radbroke Hall
Knutsford
Cheshire
WA16 9EU

14 May 2006

Dear Sir/Madam

ACCOUNT NUMBER: XXXXXXX
SORT CODE: XXXXXX


Please supply me with a complete list of all charges relating to my bank account since 01/05/2000, available to me under the provisions of the Data Protection Act. This should include all charges for exceeding my overdraft limit, for late payment(s) and/or for the return of unpaid cheque(s). Alternatively a complete set of bank statements for that period will be acceptable.

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 data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.

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 any specific information that you require in order to satisfy yourselves as to my identity, please let me know by return. Please note however that this letter is signed by myself, and that the above address is the one which you normally use to communicate my private business to me.


I would be happy to collect the data from my local branch.

Yours faithfully,


CC

[jonni2bad]

I'm too tired to read it, but if you copied the template letter and just put your own details on it, then it will be fine!

Welcome aboard and good luck

[Capt_Crackers]

Recieved what is looking like their standard Data Protection Act request response letter today with a returned cheque - thing is, I sent two letters/cheques in the same envelope requesting information of charges made to both my Barclays account and to my Barclaycard account - so will they send info for both I wonder? And where's my other cheque?!

CC

Dear Capt_Crackers

DATA PROTECTION ACT

We refer to your letter of 14 May which was passed to me for comment due to your request for certain information under the terms of Data Protection Act ("the Data Protection Act").

Please be aware that the Bank is not under an obligation to present information according to any particular format. Therefore, your request to assemble a schedule of charges is turned aside. You may of course obtain this data from copy statements and these will be supplied to you shortly without charge on this occasion. As the Bank is providing the copy statements on a complimentary basis your cheque is returned herewith.

As regards your mention of "manual intervention", the Data Protection Act does not oblige the Bank to comment about internal policies and procedures. Furthermore, in the context of managing transactions arising from out of order accounts, the Bank does not hold the information you have requested in a form that would be covered by the DPA. Whilst aggregated information is retained for statistical purposes, this would not constitute "personal data" under the DPA and therefore would not be covered by a s.7 DPA subject access request. For the avoidance of doubt, the fact that we do not record information in a way that is caught by the provisions of the DPA, is in no way an admission that there was no such manual intervention.

Notwithstanding the above, the Bank is of course entirely willing to supply the general information that should be disclosed due to the Data Protection Act. To initiate the process Barclays will require payment of a £10 fee per individual which should be provided by cheque, payable to Barclays plc, directly to this department. Upon payment of the fee(s) the relevant information will be supplied as promptly as possible.

Yours sincerely

Peter Townsend
Manager, Barclays Data Protection

[Rooster-UK]

Standard response letter.

[Stevie T]

Hi,

I got the same standard response letter yesterday so am waiting for the 6 year statement (and the shock of just how much they've had off me!) I don't really understand the paragraph about Manual interventions: do we have to put in another request to get this information, or won't we get it from them?

Thanks and good luck everyone

Stevie T

[mikeyitup]

Why is it that some of us have had the statements with no fuss and others have had this letter?

They are doing it to **** us about, methinks.

[Rooster-UK]

Just delaying tactics. Pete Townsend knows exactly what you want...... after all, he's had enough requests and explanations.

Try this one.........

Your address.




Barclays Data Protection,
Radbroke Hall,
Knutsford,
Cheshire. WA16 9EU.


Date.

Data Protection Act disclosure request

Dear Sir/Madam,

ACCOUNT NUMBER: XXXXXXXX

With reference to your letter dated < date >, I am returning the £10.00 cheque that you sent back to me. Please note that my Data Protection Act request started from the date that you received my cheque ( < date > ) and I expect the information requested to be sent within 40-days of that date.
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.

Please supply me with a complete list of transactions and charges relating to my bank account since < date >. Alternatively a complete set of bank statements for that period will be acceptable.

In addition, I require information on any or all occasions where a person has looked at my account and intervened to either stop or permit a transaction because I had gone over my limit, or indeed sent a letter due to any incidence resulting in charges applied to my account (as opposed to any automated systems that are in place).

I want the date and time where that intervention was logged, and the name or initials of the person(s) involved in the decision-making.
If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.

If you state that manual intervention occurred on my account, but do not supply the information requested, then I may require to visit your premises to inspect this information, personally.


Yours faithfully,



<your name>.

Hopefully, that should cut out some of the time-wasting.