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Barclay card - Can anyone shed any light on whether this is legal?
Hi all, i have a question that i hope someone will help me with.
I sent a request for information letter to Barclaycard regarding a closed account that i had from 1999.
They sent me a letter back saying that statements from before 2004 are kept on something called microfiche and are not "readily accessable" and therefore do not fall within the class of documents to be produced persuant to a Subject access request. They go on to say that i can have copys of the forementioned statements as long as i pay £3 per statement.
Can anyone shed some light on this fore me as iu cant help feeling they're trying to pull a fast one.
Re: Barclay card - Can anyone shed any light on whether this is legal?
there has been some very long discussions about this for some months.
Apparently, yes, it is legal as microfiche is not a relevant filing system under the auspices of case law, well thats what the info commissioner says anyway.
I am at a dead end as well - you can always test it in court ( not small claims) but you have to be able to pay thier costs if/when you lose. I looked into it and felt it was too risky. IC are looking into it though, so there MAY be some changes on the horizon buyt I wont be holding my breath.
Re: Barclay card - Can anyone shed any light on whether this is legal?
Sorry Lynze that isnt correct, there is no case law that says fiche is not a relevant system
Or at least if there is it hasnt been posted and id be pretty surprised.
and when you say the info commissioners says anyway, where did you get that from?
As far as i can make out the ICO has given different views to different people at varying times, non of which is legally binding or in any way case law.
Id be pleased to know if ive got it wrong.
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
Re: Barclay card - Can anyone shed any light on whether this is legal?
Hello.
The info commissioner have sent me a letter to say they are visting Abbey offices on the 6 sept 2006, to ascertain the validity of the microfiche :o argument, if a company refuses/fails to supply Subject access request info after 40 CALENDER days they are in breach of the data protection act. you are then able to do 2 things, either issue proceedings ( s.6 dpa) in county courtor complain to the information commissioner who will take up your case.
ICO tel number: 01625545745
they will clarify, just in case i have got it wrong.
(swaggers off looking smug)
hsbc
Claim served on 13-08-2006
full refund .19-08-2006,
23-08-06 cheque arrived £580-deal.
capital one .
Filed claim against 16-08-2006 for £340.
Capital one 02-09-06 offer £383 refund to account.deal
Abbey Data Protection Act 4-07-06
issued court claim for £189 16-10-06
waitng for allocation nov21-11-06
Pleae make a donation to site, when you win-- I DID
Barclay card - Can anyone shed any light on whether this is legal?
. They go on to say that i can have copys of the forementioned statements as long as i pay £3 per statement.
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a letter to say they are visting 
