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Sorry to get your hopes up.. I'm not posting about a success, rather i am asking if anoyone has had any success.
So many people on this site are coming up against the microfiche brick wall and i trawled through the posts but no body seems to have had any success. (although there are loads of people who have claimed against Barclays - how did they do it....?)
What should i do next...? I am not going to throw in the towel, i just need to know what the next step should be.
The 40 days of the S.A.R - (Subject access request) have not expired yet so i have been thinking about my options - Do I:
1. Send a letter to them asking them for the information again? Any templates anywhere?
2. Wait until the 40 days are up and estimate my charges and continue as normal?
3. Contact the information commisioner with a copy of the Bcard letter and wait? (do i also send a copy of this letter to Barclaycard?)
4. Scream...
Does anyone have a good template letter to send to Barclays? Not including the Smith vs Lloyds as i think this has been proven not to work. Also the Abbey case seems not to work as Barclays claim they use account numbers where as Abbey use account name.
The problem i have with estimating is that i know most of my charges originated when i was at university (2000 to 2004) so if i estimate based on my 2004 to 2006 statements then i will be significantly underclaiming...
a jacuzzi with Bananarama. I have not lived in Bolton since 1986
Posts
6,823
Re: Microfiche Success with Barclays
We are awaiting the IM's comments after he raided Barclaycrud last week. Hopefully his opinion will be the same as his opinion of Abbey's microfiche argument.
His opinion is that it was non-existant and that microfiche storage of data is as relevant as data held on computers.
a jacuzzi with Bananarama. I have not lived in Bolton since 1986
Posts
6,823
Re: Microfiche Success with Barclays
I'm in the same microfiche boat as the rest of us Barclaycrud customers awaiting the 40 day deadline to pass. Once it passes I'm gonna do the complaint thing to the IM and start court action under DPA non-compliance regs, quoting the IM's judgement of Abbey.
Yep and I'm another with the "no... you can't have them....there mine" microfiche letter. I tried to send a 2nd letter with some cocky little comments and legal quotes in it but that did'nt work either lol
My feelings though are that in their letters Barclays state that they are prepared to send copy statements from customer services for £3 each.... so my opinion is that if they indeed have the info in this format then surely that is a "relevent filing system" and should be covered by the data protection act.... would'nt it ??? Therefore the £10 max fee should apply.... and we should all have 6 years worth of account history.... swerving the microfiche argument altogether.... MOD's your opinion on this would be well recieved also.....
I will join the gang too. Maybe a bit luckier as I have most of my statements for two accounts for the last 6 years, just a few gaps, but those were the statements with charges that i ripped up and threw away in exasperation!
My advice has hardly any legal foundation whatsoever, however you never know it it might just work!
NatWest Prelim 07.10.206
LBA 21.10.2006
MCOL 30.10.2006
Acknowledgment of Service 06.11.2006
Offer of approx 50% £2200.00 22.11.2006
Full settlement £4500 received 03.01.2007
Smile settled in full
Barclaycard settled in full
RBS Worldwide settled in full
Lloyds TSB settled in full £750.00
Lloyds TSB settled in Full £275.00 11.04.2007
Lloyds TSB business account £1376.00 AQ filed
Lloyds TSB Business account settled in full 21.05.07
another route to this microfiche crap is to question wether or not this method of processing is actually legal.
In a nutshell, BarclayCard have destroyed personal data at least twice (including backup) by removing it from a computer system. They have modified data by changing its structure into 'date order' in order to move it to a microfiche. They have done all this without explicit consent. They have done this form of processing without following the the conditions of processing (first principle of Data Protection Act) making it legally unfair.
There are probably others that i don't know about. Im researching this and am about to send my next letter
a jacuzzi with Bananarama. I have not lived in Bolton since 1986
Posts
6,823
Re: Microfiche Success with Barclays?
Barclaycrud's 40 days ran out today. No reply to the CCA s.77 request.
OK Barclaycrud, if you wanna take the ****- you're on. I can do it better and Ive nothing to lose, so nothing you can take.
**Drops sensible 43 year old persona, revealing the long suppressed teenage punkrocka with more vindictive bile and attitude than Sid Vicious at a Conservative Party conference during a speech by Mrs Thatcha**
Now wez me Vivien Westwood Pistols T shirt (ebay value £400) , tartan bondage jeans dayglo purple socks and yellow brothel creepers
Oi-you lookin' at me, Townsend? Giz me statements or I'll-I'll-I'll-errrrrr......
write a really nasty letter to the Information Commissioner!
Ive just recieved same response with stats only going back to 2004.
If I buy the extra stats at £3 each (quite expensive!) can I claim it back? Has anyone else done that?
NatWest £4940 with contract interest prelim sent 13/11/06
Recieved first bogoff letter 18/11/06
HSBC £320 with contract interest, prelim sent 12/11/06
Natwest Visa £825 with contract interest, prelim sent 15/11/06
1. If they can supply copy sttatements for £3 each then the info is easily accessed in a "relevent filing system" regardless of this microTHICK bull **** !
2. If the OFT ruled that the Abbey MicroTHICK system was such then obviously ALL other high street banks should come under the same ruling because it the same software/database system
3. Most importantly..... Hackers75...... your 40 day notice on the 2nd December deadline is not the most inportant thing happening..... Tis my B'day !!!!!!!!!!
I have made a claim through the courts based on an estimate. When filling out the allocation questionnaire there is a box for you to fill asking what you need from the defendant (Barclaycard). I put I need the statements from 2001 - date, and the Judge has ordered Barclaycard to give them to me (obviously FOC)
Saved myself a lot of time and money this way
Abbey - owed £3260 - Paid up.
Barclays owed £2500 - Paid up.
Halifax, Mint & Egg - next on the hit list
Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!
i have had the letter today, telling me that their "computer system does not allow them to print out transactions on your account to date" but as it is microfiched o can have statement copies for £3 per copy!
i will send the letter used at Abbey to rebuff their request for extra money.... they have had enough from me for the last 2 years in charges so here goes....cough up barclaycard... or else I'm a coming
I hope they read this, as i am serious