help - barclaycard

[gtitim]

hi. this is my first post so please go easy on me.

i started the process of reclaiming my bank charges against barclaycard. i have received a letter today with all my statements from may 2004 to present. they have said that all statements prior to may 04 are held on microfiche, are not 'readily accessible', and do not fall within the class of documents to be produced pursuant to a subject access request. they can be got from customer services for £3 a statement.

im not prepared to pay this as i have already paid £10 for data access. what can i do????

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

	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.

[e28bigalbexley]

Hi,
The best thing to is post your Query here http://www.consumeractiongroup.co.uk/forum/barclaycard/

And then have a good read of the forum and the FAQs.

Whwt you have stated is standard for B/C and Abbey used this same time wasting tactic (which has since been squashed by the Information Commissioners Office) You could just claim for the time period for the statements recieved, and/or estimate the outstanding years (not good if you under estimate) or if you can afford it pay the £3 statement cost and claim it back along with your Subject Access Request fee at a later date when it goes to court.
Any Have a good read and have fun.

AL

	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.

[phunkeymonkeh]

Im having the same issue with them.

I spoke to them and brought up the Abbey issue.
They said that the situation is different. They claim that Abbey was trying to state that Microfiche in itself is not a relevant filing system.
Barclaycard are saying that it is a relevant filing system however, the way in which THEY store the data , ie without names and account numbers renders it a non-relevant filing system.

[Glenn UK]

I wouldn't waste time on Barclaycard in terms of discussions with them.

You need to write back saying you believe that the Information Commissioners Office has ruled that most filing systems will fall within the scope of the Act and that you want your statements.

I have heard nothing from our contacts at the Information Commissioners Office to suggest they feel differently about Barclaycards system from abbeys or indeed anyone Else's filing systems.

If you don t get your data within the 40 days complain to the Information Commissioners Office, if your feeling awkward then send them the LBA for non compliance giving them 7 days for compliance as well.

when they fail to provide the data after 7 days then you can also issue a claim in the small claims court.

HTH

Glenn

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