Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
just thought I should post details of my claim. Sent S.A.R - (Subject access request) on Monday 16 Oct and got a reply yesterday (20 October). Am impressed by prompt reply but not what was said in the reply!! Got the usual microfiche argument so have sent a letter stating Information Commissioners Office ruling against Abbey.
I now wait with bated breath!!
Abbey SAR sent 13/10/06 RBS (for Dad) SAR sent 16/10/06
Barclaycard SAR sent 16/10/06
Microfiche letter received 20/10/06
Reply sent 21/10/06
Well, I have to say that I am honoured!!! I have just received a letter from.........wait for it............. the assistant to the Director!!!!! Well I can only imagine that my eloquence in my previous letter warranted such an auspicious reply!!!
Now considering the Information Commissioner has visited Barclaycard and will more than likely rule as they did with Abbey (who haven't replied to my S.A.R - (Subject access request) and 40 days are up today!), you would have thought that the Director would have a little bit of knowledge about the whole SAR situation, wouldn't you? Well, obviously not!! Here's the letter I received.
Dear Miss Spotnot (actually I'm Mrs Spotnot)
Further to your correspondence with Carl Nuttall, I am sorry that we have been unable to resolve this matter to your satisfaction.
Our complaints process has been exhausted (I didn't complain, just sent my SAR plus 1 other letter) and for the purpose of referring your complaint to the Financial Ombudsman Service, you may consider this letter to be the Bank's 'Final Response'.
Our understanding of your complaint
You remain unhappy that Barclaycard is unwilling to provide you with copy statements of your account prior to May 2004 under Subject Access provisions of the Data Protection Act (no s**t, Sherlock)
Background to the events leading to your complaint
You submitted a Subject access request to Barclaycard requesting information on the charges you had incurred. (Yup)
You were provided with copy statements from May 2004 (Yup)
Unfortunately Barclaycard were unable to provide you with statements prior to MAy 2004 pursuant to your Subject Access Request as their records before this date are not "readily accessible" within the meaning of the DAta Protection Act. (Hmmmm I think you and the Information Commissioner should have a chat!). These statements are not stored by reference to customer name of account number and are not retained in a relevant filing system, they therefore do not fall within the class of documents to be produced.
As previously advised, additional statements are retrievable at a cost of £3 per copy. (So they can be accessed!)
If you remain dissatisfied (you're damn right I'm still dissatisfied), you may be eligible to refer to the Financial Ombudsman Service (Oh, you don't say!). I enclose a leaflet which I hope you will find helpful. If you wish to have you (note the typo, theirs not mine) complaint reviewed by the service, you will need to contact them within six months of the date of this letter.
Yours sincerely
Liz Pickering
Assistant to Director
Barclaycard Directors Office
Case Manager: Carl Jones
Telephone : 0161 200 7159
Now what do you think of that?? What are my next possible steps? Do I write to them giving them 7 days notice before I complain to the Information Commissioner and take them to court over their failure to provide the statements.
Can I also now send a prelim letter claimimg estimated amounts.
Bcard are just complete w*nkers bout this. They know the ICO is gunna rule microfiche is a relevant filing system but they still drag their heels. Wait until the 40 days are up then complain to ICO. Bcard have issued they Final response on the matter so no need to send them lba unless your taking court action for statements. I believe the ICO will be issuing its report on its visit to bcard sometime in december so the issue may well be resolved by xmas.
What would happen if I claimed £5,000 in charges as an estimate due to them not sending out my statements? Will they then send them out?
Not likely to make them send them out and you would have to justify such a high claim when you went to court. Claiming £5000 without any reasonable justification for it (ie based on charges post may 2004) may be seen as somewhat fraudulent.
Victory over Lloyds PPI claim £2606 click! Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06) The GF's battle against RBS click! stayed awaiting the end of the world
Totally agree with your opinion of B'card, skb!! The 40 days expire on Friday so will have lba ready to send Saturday morning! Fully intend to get a judge to make them see the error of their ways!!
Spotnot v Barclaycard
) on Monday 16 Oct and got a reply yesterday (20 October). Am impressed by prompt reply but not what was said in the reply!! Got the usual microfiche argument so have sent a letter stating Information Commissioners Office ruling against Abbey
Reply With Quote
in my previous letter warranted such an auspicious reply!!!
