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Re: Anyone Taken Barclaycard To Court Re. Microfiche
Out of curioisty if you complain to the ICO before the 40 days is up does this have a bearing on what they will do?
Sending you the fiche letter doesnt as far as I know count as non-compliance.
You can only show non-complaince if they either fail to send you the stuff before the 40 days is up or else they write to you saying they wont send you the info abosolutely imho.
I know what the fiche letter says from b/card but im not sure its justifies making the complaint via the oft.
In essence im basically saying if they see that we havent given a data controller the statutory period then they havent failed to comply.
Anyway Im only asking, i dont think it makes much difference since i suspect that depending on the decision the ICO make today re Abbey will either reinforce or defeat the b/card argument.
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: Anyone Taken Barclaycard To Court Re. Microfiche
Depends how you interpret the letter.
The first line says 'further to your request for personal data enclosed is a copy of the relevant information from May 2004'
They then say 'statements prior to May 04 are on microfiche, they are not covered under DPA and you can pay us £3 per statement if you want them'
Then further down the letter, and this is the important one 'This information is complete in respect of the above account relationshop with you at the time of extraction'
To me that says we've sent you all that is covered by DPA, if you want more - pay us more money.
Re: Anyone Taken Barclaycard To Court Re. Microfiche
martyn
I agree with what youre saying and i didnt re read my letter from them before posting that.
I am still not clear in my mind whether it could be construed as non-complaince or not until after the 40 days expire.
Im not certain and this of interest theoratically rather than practically, but if we consutre that they have not complied with the SAR we could also instigate court proceedings under Sec 7.
A court would take a dim view i suspect if we got it wrong, even if there was no malice.
As i say interesting from a hypothetical viewpoint at least.
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
Anyone Taken Barclaycard To Court Re. Microfiche
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