Thread: Glenn Vs Barclaycard

My wife tells me there are some statements at home from good ole B/Card.

Not the lot but enough to estimate a claim plus interest at the contractual rate of course.

guess i will be busy tonight writing my prelim letter and working out the estimated claim.

Glenn

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Quick quesiotn, i dont have all the statements from barclaycard and Im minded to pursue the bank for them.

I do have enough to estimate a claim for the period i had my B/card though.

Is it worth the aggro to save the estimated claim over a precise one?

I think they still have a couple of weeks to supply then if i write and tell them.

Just curious what others have done.

Glenn

Dear Mr.Farrell

Account Number: xxxxxxxxxx

I am in receipt of your letter dated 10th August 2006, and note the contents therein.

I am a little disappointed, although not surprised, that you have failed to understand the implications of the case of Smith –v-Lloyds Bank PLC (2005) for your organisation and the system you use for storing your archived records.

It is surprising that you are claiming to use a system for the storage of archived material which cannot be effectively searched and relevant records retrieved.

In contrast you offer to provide copies of the relevant data for a small fee of £3.00. This is interesting since you seem to be telling me that the penalties applied to may account for late payment, as an example, which are applied as the result of an automatic function of your accounting system and involve no manual intervention, cost Barclaycard £20.00 every time.

Bearing in mind the apparent difficulty in retrieving the archived records compared with the cost of applying a penalty automatically, one would have thought that the relative costs would have been reversed.

For what its worth I would have thought a service you are providing to customers and non-customers alike, as opposed to fulfilling a statutory duty, would have been charged at commercial rates. Credit card companies are not known for their charitable nature so it is refreshing to see you expending so much effort in offering to retrieve data, at what much be a substantial loss, especially for non-customers like my self. I wonder what the implications there are in your stated position for when I submit my claim for the recovery of penalty charges and failure to comply with my S.A.R - (Subject access request).

However, The main purpose of writing to you today was not to debate the relative merits of our arguments with respect to the Data Protection Act but to confirm my intent to continue with my Subject access request as set out in my previous correspondence.

My request was for a complete list of transactions and charges relating to my account since I opened my account – in short, a list of charges with dates and amounts – alternatively, a complete set of account statements for that period will be acceptable. This should be retrievable from your accounting systems, and easy for you to produce. I will accept a computer print out of these transactions.

I am aware that you have been willing and able to provide other customers with a print-out of transaction information – and am ready to bring this to the attention of the Information Commissioner should it prove necessary. It is worth noting that the information you have already sent to me appears to have been generated from a computer rather than copies of microfiched records.

This letter has been sent by first class recorded delivery, and therefore should have reached you by 10th August 2006 – as you will be aware, as of this date you have just 20 days in which to comply with my request. As stated above, a complete set of account statements for the period in question will be acceptable; however, I expect this to be provided within the time period for Data Protection Act compliance.

Should there be any further attempts to delay compliance, I will be left with no alternative but to commence a county court action under section 7, and section 15(2) of the Data Protection Act 1998, and in due course, escalate this matter into an official complaint to the Information Commissioner and the FSA.



I dont really think anyone will read this but it made me feel better.

Glenn

Originally Posted by Glenn UK

Dear Mr.Farrell

Account Number: xxxxxxxxxx

I am in receipt of your letter dated 10th August 2006, and note the contents therein.
(...)
Should there be any further attempts to delay compliance, I will be left with no alternative but to commence a county court action under section 7, and section 15(2) of the Data Protection Act 1998, and in due course, escalate this matter into an official complaint to the Information Commissioner and the FSA.


I dont really think anyone will read this but it made me feel better.

Glenn

Hi Glenn,
just read your letter. I bet it made you feel better. Still, I have a question, if you don't mind me asking: Am I mistaken or are you solely after information concerning your bank charges? I understand the SAR to be for much more info than that and was just wondering, since in your letter you seem to not be bothered about that, it sounds like you just want them to send all your statements (which is difficult enough, I know!!!).
Anyway, good luck to you

Warms

I understand that you are dead right, the SAR can be about ALL the qualifying data they hold on you assuming its held on a relvant filing system.

Is there anything you are thining of asking for apart from statements?

GLenn

Originally Posted by Glenn UK

Warms

I understand that you are dead right, the S.A.R - (Subject access request) can be about ALL the qualifying data they hold on you assuming its held on a relvant filing system.

Is there anything you are thining of asking for apart from statements?

GLenn

Hello Glenn,
well, yes, I need the statements/charges to find out how much they owe us, but I would also like to know if they have more info stored and and if so what kind.
Also: my finacé has been with Barclaycard since 1984-ish and went through some difficult times, so there might be stuff stored he'd prefer to get rid of.
(I am doing this for him because I have more time on my hands.)
Are you sending your letter tomorrow?
Take care!

The letter posted above was sent yesterday by recorded delivery because its time sensitive. ie im telling them they are still on the time limit as far as im concerned and i dont want them to claim i was being unfair in anyway when it gets to court.

HTH

GLenn

Originally Posted by Glenn UK

The letter posted above was sent yesterday by recorded delivery because its time sensitive. ie im telling them they are still on the time limit as far as im concerned and i dont want them to claim i was being unfair in anyway when it gets to court.

HTH

GLenn

Fingers crossed for you!
What does HTH mean?

hope that helps

hth

glenn

Originally Posted by Glenn UK

hope that helps

hth

glenn

Yeah its true, another damn standard BC letter, slighty different to the previous one but im certain that many of you will have seen it. just gotta wait a few more days and then issue the prelim for non-complaince with the SAR. Hope you and they enjoy the bit about fiche systems in this one.


Data Protection Act disclosure request

Dear Mr.Farrell

Subject access request

Account Number: xxxxxxxxxxxxxxxxx

I am in receipt of your letter dated 17th August 2006, and note the contents therein.

I note that you are puzzled about the legal case quoted in my letter.

Well it is now my turn to be puzzled. This is the third standard letter you have sent to me and it refers to my letter of the 26th July 2006. I can find no record of this letter having been sent. Im puzzled to know what it was about?

It may interest you to know that I have spoken to an individual who worked in a microfiche department retrieving records for customers. This former employee has provided an insight into the way that the fiche system works for the retrieval of statements and other records and this leads me to believe that microfiche sytems used for the storage of statements are in fact ‘relevant filing systems’ within the meaning of the Data Protection Act. This information has been forwarded to the Information Commissioners Office with a recommendation that they investigate and provide an opinion as to the status of those records.

I would also add that your assertion that your records cannot be searched effectively is bordering on the ludicrous. Especially when you offer non-customers what must be on that basis, a loss making service to provide them with copy statements.

I know you wont read this letter, but you should reflect that when we get to court over your refusal to provide the relevant data, that this will be set before the judge including all my correspondence, so that when he makes the order instructing Barclaycard to comply and supply the data I request, he is unlikely to be pleased with your arrogant stance on this matter.



However, The main purpose of writing to you today was not to debate the relative merits of our arguments with respect to the Data Protection Act but to confirm my intent to continue with my Subject access request as set out in my previous correspondence.

My request was for a complete list of transactions and charges relating to my account since I opened my account – in short, a list of charges with dates and amounts – alternatively, a complete set of account statements for that period will be acceptable. This should be retrievable from your accounting systems, and easy for you to produce. I will accept a computer print out of these transactions.

I am aware that you have been willing and able to provide other customers with a print-out of transaction information covering this period – and am ready to bring this to the attention of the Information Commissioner should it prove necessary. It is worth noting that the information you have already sent to me appears to have been generated from a computer rather than copies of microfiched records.

This letter has been sent by first class recorded delivery, and therefore should have reached you by 22nd August 2006 – as you will be aware, as of this date you have just 9 days in which to comply with my request. As stated above, a complete set of account statements for the period in question will be acceptable; however, I expect this to be provided within the time period for Data Protection Act compliance.

Should there be any further attempts to delay compliance, I will be left with no alternative but to commence a county court action under section 7, and section 15(2) of the Data Protection Act 1998, and in due course, escalate this matter into an official complaint to the Information Commissioner and the FSA.

Request for repayment of charges

Dear Sir/Madam,

ACCOUNT NUMBER: xxxxxxxxxxxxxxxx

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last three years (03 – 06).

I now understand that the regime of fees which you have been applying to my account in relation to late payment fees and exceeding credit limit are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full Breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

What I require

I estimate that you have taken £xxx.xx plus interest which you have charged me. In intend to apply the interest rate of 27.9% which the cash advance rate applicable to my account I believe. The total charges include an estimated amount due to your refusal to comply with the Data Protection Act, Subject access request fully. The total currently owing as of the date of this letter is £xxx.xx For your information the interest is accruing on a daily basis and will do so until the claim is settled.

I enclose a schedule of the estimated charges which I am claiming with this letter. If the relevant statements are provided prior to the claim going to court I reserve the right to amend the claim in respect of the value and the period covered.

Additionally I believe you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

Yours faithfully,

Glenn UK

Helen

No they didnt respond, nor did i exepct them to.

The primary purpose of writng to them was a) to make myself feel better and b) more importantly to ensure that i had formally rejected their contention that their system wasnt a relevant filing system.

b) seemed important for when i take them to court for non-compliance.

I am in the process of taking them to court.

HTH

Glenn

Hi Glenn

Did you decide to estimate your charges for pre May 04. If you did do you have any advice (ie how to) at adding estimated interest to estimated charges, as we know it can be a large chunk of money and we dont want them to get away with even 1p of your money . . . .
Miss P x x

Dear Ms Burgess,

ACCOUNT NUMBER: xxxxxxxxxxxxxxxxx

I thank you for your letter dated 21st September 2006 and note the contents therein and would make the following comments.

• My account was closed earlier this year!!!

• The Office of Fair Trade did not recommend a specific fee, it suggested that it would automatically presume any fee above £12 was unlawful. You need to amend your letters because the OFT and your customers are fed up with statements such as these which are misleading.

• Finally I accept you part offer of £168.00 and if you would like to send me a cheque for the same I would be obliged.

• You will of course realise I have a duty to mitigate my losses prior to claiming for the balance at court, so will proceed with my claim for the balance.

Any comments or thoughts greaftully recevied.

Glenn

interesting point (well to me at least ), the £168 is the difference between their charges and the OFTs £12.00 comment.

So that means I have £420 worth of charges, which is more than i had on my schedule. Trouble is i dont know when they were applied so i have to revise the months where i have estimated and increase the claim accordingly.

They are helpful in some ways

Glenn

It is the interesting point Glenn - I look forward to a similar offer revealing their knowledge of my charges also!

I love your earlier letters by the way - I think they do read them, then just lazily send out a stock response.

Shoddy communication from a shoddy organisation.

I know we all want our money back without court appearances - but if you end up going to court can I come along to watch them squirm please?

Good luck mate!

Helen

Basically you have two choices, pay them for the statements or take them to court.

Right now the Information Commissioners Office are deliberating on whether Abbeys fiche is a relevant system or not. Im not sure i would advise you to issue a claim in court right now, hopefully the Information Commissioners Office will give their view next week.

I would wait until next week see if the Abbey systemk is declared relevant or not.

If its declared not relevant then decide whether to take them to court of buy them then.

HTH

glenn