Crippla2k vs Barclaycard ***Charges Repaid***

**crippla2k** · 23rd June 2009 12:52

SARN sent today will update everyone on how it goes!!!

**crippla2k** · 2nd July 2009 19:17

quick update (for a laugh) they replied in 3 days!!! with a photocopy of terms and conditions icon

and a letter stating they had fulfilled there obligations to me under the CCA 1974!!!

Sending off a non compliance letter!!

**slick132** · 2nd July 2009 22:36

Just to make sure, I assume you did send the SAR icon

requesting data under the DP Act with a £10 fee.....

.....and not a CCA request under CCA 1974 with a £1 fee.

**crippla2k** · 3rd July 2009 00:40

i double checked to make sure it was the sarn with a £10

**the_shadow** · 3rd July 2009 12:33

Nothing surprises me about this company... I've had envelopes that are empty or claim they are including something and nothing else sent.

You should complain direct to Barclaycard in the first instance and then if no joy the ICO.

S.

**slick132** · 3rd July 2009 12:47

From what we're hearing about the ICO recently, if BC don't produce the data you require, I'd take the court route. The ICO may take months just to look at the case, let alone sort it.

Items 18 and 19 here - The Consumer Forums - Bank charges templates (consumer)

Did you right to London or Northampton. The London HO address may be the "proper" address but quicker results seem to come from Nothants.

**crippla2k** · 6th July 2009 22:23

ive replied to barclaycard informing them they are non compliant and that they still have 31 days in which to Respond (time left on the SARN)

As they've got the time left, felt I've got to give them the full 40 days before I start a complaint!!

I sent it through to there Northants office

**crippla2k** · 25th July 2009 11:46

ok ive received statements up to 2003

question: if i cant get my statements from when my account was started can I estimate additional damages on an average basis??

Has anyone been able to get statements further back than 6 years icon

?? If so how did you do it?? I'm going to complain to the ICO anyway, and try a lba icon

to barclaycard, any suggestions people??

**slick132** · 25th July 2009 22:57

BC are not likely to supply data back beyond 6 years icon

unless you get the ICO or a court to order them.

lba icon

for non-compliance re the SAR icon

would be worth a try.

**crippla2k** · 28th July 2009 11:22

thanks slick, ive sent it to them today, we'll see what happens!!

**crippla2k** · 30th July 2009 20:02

can i make a claim on the 6 years icon

and then if I get my older statements a further claim again??

**havinastella** · 30th July 2009 20:04

Originally Posted by crippla2k

can i make a claim on the 6 years icon

and then if I get my older statements a further claim again??

yes!

**crippla2k** · 30th July 2009 20:47

cool no need to delay then!!!

**crippla2k** · 7th August 2009 23:42

b/c have responded by saying they are only able to store data legally for 6 years icon

due to the dpa 1988, meaning that they can only produce statements from 2003.

If I push it and try to get my older statements am I likely to get them?? Has anyone gone to court to get older statements?

**slick132** · 8th August 2009 00:12

Have you read this - The Consumer Forums - PollXT - We don't believe it! Please take part in the poll and help the Site nail the banks on this one.

they are only able to store data legally for 6 years icon

due to the Data Protection Act 1988

Is this exactly what BC said to you. Please confirm their precise wording.

BC will probably be as helpful with older data as they are with producing credit agreements.

Maybe your best bet would be to claim your charges for the last 6 years but claim Contractual interest icon

which will significantly increase the claim.

You'll have to file at court and produce a court bundle but you should be able to negotiate a settlement with BC just before a final court hearing.

**crippla2k** · 11th August 2009 13:24

ill scan the letter in and let everyone see

**mooiismum** · 11th August 2009 16:42

B/card have sent me a letter saying they don't have to provided anything and they quite within their rights! They are now threatenting court action!

MM

**the_shadow** · 11th August 2009 16:51

Originally Posted by mooiismum

B/card have sent me a letter saying they don't have to provided anything and they quite within their rights! They are now threatenting court action!

MM

You've not updated your thread MM

S.

**mooiismum** · 11th August 2009 17:15

Originally Posted by the_shadow

You've not updated your thread MM

S.

Thanks S
I've just posted on my thread.
MM

**crippla2k** · 12th August 2009 09:34

Scanner's not working here's the letter though verbatum

Acct # - xxxxxxxxxxxxxxxx
Data Protection Act - Subject access request

Dear Mr c2K,

Thank you for your recent letter (attached) requesting information from your account

Unfortunately we are unable to provide this information as we are only able to store data legally for six years due in part to the Data Protection Act 1998, Meaning at the moment we can only produce statements from August 2003.

For reference the statements snet to you prior to May 2004 are stored on microfiche, after this date the statements are stored electronically

I do apologise for any inconvenience this may cause

Yours Sincerely

Marc Bush

Barclaycad Customer Services

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