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Thank you for your letter dated 13/8/2006. You inform me you disagree with my legal analysis of case law, that is your right and only a judge can decide which of us is correct.
I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 7/8/2006.
The disclosure of personal data is incomplete in that at least the following documents are missing.
You have failed to provide a complete list of transactions and charges for the period 1/8/2000 to 30/4/2004.
This is not an exhaustive list by any means; it is just an example of some of the information I am missing
Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.
This letter has been sent to you by first class recorded delivery and you should be in receipt of it by 17/8/2006. You have a further 23 days to comply. As previously stated a complete set of statements for the period in question will be acceptable.
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 too wrote back to them after getting their second fob off letter I dont think it will change thier minds.
However, IMHO i think it better to formally reject theit rejection fi you get my drift. That way they know you are proposing to take it to court and wontlet them use the argument that you accepted their rejection.
JMHO
Glenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
worked out an estimate using the two years they sent me,using the same monthly behaviour ,to stretch the informationtion out to 2001 ,when they assure me they started the unlawful charges.Does anyone know any different?
Sent them this estimate 12/09/06
When I estimated the charges ,I used one of the old spreadsheets total £4122.77
Now I have done it onVampiress's Chambers slightly more £4503 but
Ive worked out compound interest (22.5%) for when I fill in the MCOLanother £2546 this should be interesting !
I wouldn't worry about the lba. if you used the template wording you told ythem you'd be adding interest (you never stated which interest).
I think you'll find your wording won't fit on an MCOL. There's no template yet for the N1 when claiming contractual interest or compound interest. I'm hoping to deal with this shortly too. Either prepare your own, or you can wait a while.
I have also sent a complaint to the information commissioner and issued a court claim (N1) against barclaycard re their refusal to send charges information:o
Finally heard from Barclaycard re my non -compliance claim,they have offered to pay my costs( £90 ) and repeated the microfiche argument
Now what happens,I will accept the £90 but tell them I will continue with my claim for compliance
What is likely to happen if this goes to court??:?
Hi Bob
trying to give you some moral support here - own B'card issues are on ice atm - but following what you're doing, so thought I'd let you know, and I'm sure there's loads of others reading your thread, too.
Had some Glühwein tonight so hope this still makes sense...
We'll continue with our B'card "project" when the microfiche issues have been dealt with.
I'd better shut up, hun, I'm a bit too...Zzzzzzzzz.....
Whatever I post is just my opinion, no more, no less!
......................... ......................... ................... NatWest=>settled in full, no strings! NatWest creditcard=>settled in full, no strings!
Hi just had my reply from the Information Commissioners Office ,three pages long and a bit confusing in places,but they say: following our visit(to Barclaycard)we concluded that the microfiche system used by Barclaycard is a relevent filing system for the purposes of the act. This means that in our view the informaton 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
bobtheb v Barclaycard ***WON***
Having received the two usual 'fob off' letters to my DPA request I have sent the following letter.
is incomplete in that at least the following documents are missing.
Reply With Quote
Re: bobtheb v Barclaycard
another £2546 this should be interesting !
