Trucker v Barclays **WON**

[dar£n]

You can apply to the Credit Reference Agency to have a note put on your file that the bad credit reference refers to your ex wife who is no longer associated with you at this address, I know this used to cost an admin fee of £1.00, but no idea how much at todays prices.

You may even be able to get it taken off, depending on how long ago it was. I think as it was over 6 years, you should be in good standing to have it removed.

good luck, hope this has helped.

Daz

[Trucker]

Sorry, perhaps i didn't explain it too well. The bad credit does refer to me and at the time in 2002 i was still happily married. The point i was trying to make is that i had no dealings or business with black horse

[dar£n]

this is interesting, taken from Experian:

Will my family’s credit arrangements show on my credit report and will this affect my credit status?

No. By the end of the 2004, lenders will no longer see information about other members of your family at your address when making a lending decision. But they will continue to see financial information about people you share a financial connection with.

From 1 November 2004, your Experian credit report will only show you your own credit information. Your report will no longer include anyone else’s credit information. This includes people you share a financial arrangement with, although lenders will continue to see their information.

What can I do if I believe the information is wrong?

You can contact the lender or you can contact Experian (if you wish to contact Experian click here to use the query template). Experian will contact the lender on your behalf and add a note to your report to make it clear that the information is being disputed. Once a lender has investigated your comments they will tell Experian whether to keep the account on your report, delete or amend it.

Please bear in mind that if you have only recently paid an account, the company will need up to a month to amend your report.

If you feel that an account needs further explanation, you have the right to add an explanatory statement, called a Notice of Correction, to your report. This will be seen by any company searching your report in the future as well as anyone who has made a search over the past six months. If you would like to add a Notice of Correction please use the query template.

Information About Other People
Does Experian provide information about other people to lenders who ask for information about me?

Yes, information about people who you share a financial connection with could be provided to lenders which you make an application to. This is not recorded on your credit report because this will only contain financial information about you. Your report will show the names of anyone with who you share a financial link and it may be that you should ask them to get a copy of their credit report too.

	Credit Report Click link to open in new window.

[Trucker]

Hi All,

Update

Today is day 40 since Subject Access Request was receieved by Barclays. All that i have had in return is an Acknowledgement with the usual rubbish that it will take them time to get the statements ready etc. Obviously today is a bank holiday so i will give them until the postman has been tomorrow.

What do i need to do next? Non compliance letter i guess.

I have approx last six months worth of statements in the draw so do i also do a prelim letter based on estimated charges? If so how do i go about putting estimates on spreadsheet?

Trucker

	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.

[Trucker]

bump

[dar£n]

Hey you ole trucker, hows things....

As youve heard nowt in relation to your Subject Access Request, you are correct in saying you send in the non compliance letter, but bear in mind how many requests they are receiving, so it might pay you to wait a couple more days, say friday,,, its up to you matey, you are after all in your rights to send in the letter.

	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.

[Trucker]

Hi All

I am today sending Data Protection Act non compliance letter. Should i send it to churchill place or to Barclays Data Protection Act section in Warrington? Would it be worthwhile emailing as well to Krysta Campbell

[dar£n]

I think your issue is with the data controller and not the litigation mate,

Send it to 1 churchill Place tho

[Trucker]

Update

Have today telephoned barclays data protection department and got a very apologetic response from them. The guy that i spoke to told me that although they are under extreme pressure with Subject Access Request's they are not actually behind with any, though 1 or 2 have slipped through the net.

He raised an urgent request and said that i should recieve the statements within 10 - 14 days. He told me to phone back after 10 days and they will be able to confirm that they are on there way.

I was most surprised however, when he told me that they are supposed to comply within 40 days and if i felt it nescessary i should contact the information commissioner... i nearly fell off my chair...lol

Anyway if anyone is wanting to contact them via this route the phone numbers are 01565 614208 or 01565 614281

Trucker

	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.

[Trucker]

Update

Still no statements and have now sent non compliance letter. I WILL start proceedings against them next week.

Trucker

[Trucker]

Update

3 rather large envelopes landed on the door mat today, each with a letter from Barclay's dated 6th April (yeah right), that's convenient ,dated just before 40 days ran out. Anyway got a busy weekend ahead sorting out charges.

They have only sent statements dating back to 98, i have been a customer since 89 so some guidance would be appreciated please guys!!

Trucker

[Trucker]

Hi All

Would like some help please. As stated above Barclays have only sent statements back to 98. Do they hold records longer than that?

I am launching 2 claims against them 1 for the current account i have had for last 3 years and current/joint dating back to 89. Without statemnts do i estimate? if so how?

[Trucker]

bump

[madhouse5]

I've read in other threads barclays keep records for 12 years.

[Simaljon]

Hi Trucker,

My understanding is that you can only claim back 6 years in costs through teh small claims so statements back to 2000 should suffice. If you are looking to claim back further then I would ask around.

When I worked at Barclays (pre 2000) the main branches kept microfiche records of customer accounts for up to 10 years in house before the were stored centrally. I presume that this has all been centralised now but the fiche records would go back to at least the early 1980's.

Simaljon

[madhouse5]

Have a chat with dar£n and chorlton1 they are both going back pre 6 years. They will know a lot more than I.

[Trucker]

Originally Posted by Simaljon

Hi Trucker,

.

When I worked at Barclays (pre 2000) the main branches kept microfiche records of customer accounts for up to 10 years in house before the were stored centrally. I presume that this has all been centralised now but the fiche records would go back to at least the early 1980's.

Simaljon

Am i right in thinking that fiche records still come under tha Data Protection Act

[dar£n]

Hi, Trucker, long time buddy!!

Yes they are still covered by Data Protection Act

[Trucker]

Thanks Daz

Ok I am at the LBA stage with my first claim, but have realised that i did not include overdraft interest on the original schedule of charges. Is it too late to claim this or am i able to simply update the spreadsheet and send the new one with the LBA.

	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

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[dar£n]

This is okay cos interest doesnt get added til you file at court anyhoo,

also if youve had any new charges, slap em on too.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.