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Have been reading a lot here (and on MSE) to make sure I do all this right! Today I recieved the standard Barclaycard letter (microfiche not covered by Data Protection Act, we're so snowed under, we'll try and get the rest of your statements to you out of the kindness of our hearts, but it may take eons, boo hoo yadda yadda...sorry, I'm a bit peeved with them ). I've prepared a reply , using lots of the advice I've read here, but wondered if I could run it by you first to see if it's ok? It might be a bit OTT, but I didn't want to give them ANY way of wriggling out of it all again:
Re. Account number: xxxx xxxx xxxx xxxx
In reply to your letter of 3 July 2007, I am aware that Barclaycard have previously refused or delayed supplying certain data on the grounds that records prior to, and inclusive of, May 2004 are not stored on a 'relevant filing system' as defined by the Data Protection Act. I am also aware that the Information Commissioner has upheld complaints by many Data Subjects regarding this issue and concluded that Barclaycard's microfiche/film files are indeed a relevant filing system.
I refer you to the following relating to an investigation by the Information Commissioner:
“Following our visit [to Barclaycard], we concluded that the microfiche system used by Barclaycard is a relevant filing system for the purposes of the [Data Protection] Act. This means that in our view the information is personal data and should have been supplied as part of your S.A.R - (Subject access request) within 40 days and for a maximum fee of £10. As a result, it is our view that it is likely Barclaycard has contravened the sixth data protection principle, as this requires data controllers to process personal data in accordance with data subjects' rights.”
I would also refer you to a later paragraph in the same letter:
“In addition, section 13 of the Act gives individuals the right to claim compensation if they have suffered damage as a result of a contravention of the Act.”
Therefore, I will not accept any refusal or delay in supplying the requested data and I shall treat any such action as a contravention of the Data Protection Act. If the information is not supplied within the original 40 day limit (ie. from the date of my initial letter), a complaint will be lodged with Information Commissioner against yourselves, and the matter also pursued through the courts.
Yours faithfully, etc.
Yes, you are one of perhaps tens of thousands who are experiencing the same thing. Dont waste your time trying to negotiate, go straight for the jugular.....Keep us posted....Good luck....
P.S. In fairness to Bcard, they are trying (very).. I now have 4 sets of statements on 2 accounts, all incomplete, all with pages missing, typically its the same pages, so i cant even finish the puzzle.
I figured on sending a letter because my 40 days isn't up until the end of July - if I told them I wasn't going to be messed around, they might actually send me the rest of the stuff (I have from Jun 04+) in the time limit, rather than me having to wait until the end of the month and then file against them for breaching the DPA. Thought the letter might (and I do stress the might!) produce a swifter, less involved response.
I know with BCard, it might just be a waste of paper, but worth a try?
Hello everyone
I,m new, and have been avidly reading lots of info on this site and others, and submitted my initial letter asking for statements from b/c at the start of June. I recieved a reply on the 13th, with complete statements back to Jun 04, and a letter saying blah blah microfilm,"we do not consider that the microfilm statements fall within the scope of the Data Protection Act nevertheless we are happy to provide these as a gesture of goodwill" will take 6 weeks ect ect.I was tempted to write back, but decided to wait, and lo and behold this morning the rest of them (complete)arrived. So onwards with the process!
a jacuzzi with Bananarama. I have not lived in Bolton since 1986
Posts
6,823
Re: STILL with the microfiche rubbish!
What the others have said- hit them with a small claim for an order under s.7 and s.15 (2) of the Data Protection Act for compliance with your S.A.R - (Subject access request) and £200 damages, interest and the court fee.
I dont understand why i should start a new thread,
I was only trying to say it might be worth waiting, as I got my microfilm statements through after about 3 weeks, following the same sort of letter as mogli
a jacuzzi with Bananarama. I have not lived in Bolton since 1986
Posts
6,823
Re: STILL with the microfiche rubbish!
If you want help and assistance you would be advised to start your own thread, we would know where to find you and all advice would be directed at your situation.
As it is, you are hijacking someone elses thread with nonsense.
STILL with the microfiche rubbish!
). I've prepared a reply , using lots of the advice I've read here, but wondered if I could run it by you first to see if it's ok? It might be a bit OTT, but I didn't want to give them ANY way of wriggling out of it all again:
and should have been supplied as part of your S.A.R - (Subject access request
Reply With Quote
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Originally Posted by noomill060
