Thread: Me V Barclaycard

have also received the standard letter back for the S.A.R - (Subject access request) but have sent this as the reply

Carol Jones
Barclaycard
PO Box 599
Mancgester
M60 3NF

01 November 2006

Dear Carol Jones,

ACCOUNT NUMBER:

I am writing to you in reference to the correspondence regarding a Subject access request on data held by your organisation concerning a my Barclaycard account. I was surprised and shocked at your statement that you are unwilling to disclose personal information that you are in possession of concerning my finances.

The reason stated for the refusal, the fact that you hold this information on a microfiche system to me is irrelevant and quite frankly it of your own choosing to use such a system that is inefficient for your purposes. It seems that you have chosen this method of data storage in order to prevent customers from accessing their information. The fact that you will access this information only if I pay the extortionate fee of £3 per statement is not acceptable. As you can retrieve the data, I would have expected it to have been supplied with my original subject access request as required under the Data Protection Act 1998 part 2 sections 7 1c parts (i) and (ii) and 1d

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

You have a further 35 days to comply.


Yours Faithfully

awaiting their response



Barclycard S.A.R - (Subject Access Request) sent 27/10/06
Microfiche letter sent 01/11/06
Isle of Man Bank S.A.R - (Subject Access Request) sent 27/10/06

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well that didnt work will await ICO ruling or will estimate when 40 days is up

Playing the Barclaycard game sending letters back and forth untill they end the statement requested.



thought i would use a different tack and use the Durant v Financial Services Authority (2003) case as well and see if this gives me my statements.





Dear Carol Jones,

Account Number: XXXX XXXX XXXX XXXX

I am in receipt of your letter dated 03/11/06, outlining that you
could only provide me copy statements covering transactions from May 2004 on my account, because any earlier information has been archived onto microfiche. I also acknowledge receipt of the information you forwarded. My request was for a complete list of transactions and charges relating to my account – in short, a list of charges with dates and amounts – alternatively, a complete set of account statements for that period would be acceptable. This should be retrievable from your accounting systems, and easy for you to produce. I will accept a computer print out of these transactions.

As you will be aware you need to have a 'relevant filing system' this is a system in which files are structured or referenced so as to clearly indicate at the outset of the search whether specific information capable of amounting to personal data of an individual making a Subject access request is held within the system and, if so, in which file or files it is held and which has, as part of its own structure or referencing mechanism, a sufficiently sophisticated and detailed means of readily indicating whether and where in an individual file or files specific criteria or information about the applicant can be readily located.

I am aware that you have been willing and able to provide other customers with a print-out of transaction information covering this period – and am ready to bring this to the attention of the Information Commissioner should it prove necessary. I would also draw your attention to Smith v Lloyds TSB Bank plc (2005) EWHC 246 (Ch) and Durant v Financial Services Authority (2003)

This letter has been sent by first class recorded delivery, and therefore should have reached you by 12/11/06 – as you will be aware, as of this date you have just 24 days in which to comply with my request. As stated above, a complete set of account statements for the period in question will be acceptable; however, I expect this to be provided within the time period for Data Protection Act compliance. 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.

Yours faithfully,

johnc007, it seems Barclaycard refuse to be moved by your response. I have received the same letters and Information Commissioner needs to do something about it.

yep waiting on the ico to get there finger out so we can all get our statements

Sent the standard Abbey letter reply to barclay card got this reply

further to your correspondence with carol jones. i am sorry that we have been unable to resolve this matter to your satisfaction.

our complaints process has been exhausted and for the purpose of referring you complaint to the financial ombudsman service, you may consider this letter to be the Bank's 'Final Response'.

Our understanding of you 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.

Background to the events leading to your complaint

You submitted a Subject access request to Barclaycard requesting informationon the charges you had incurred.

you wer provided with copy statments from May 2004

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 ate not "readily accessible" within the meaning of the Data Protection Act. These statements are not stored by reference to customer name or account number and are not retained in a relevant filing system, they therefore do not fall withe the class of documents to be produced.

As previously advised, additional statements are retrievable at a cost of £3 per copy.

If you remain dissatisfied, you may be eligible to refer to the fos, I enclose a leaflet which i hope you will find helpful. it you wish to have you complaint reviewed by the service, you will need to contact them within six months to the date of this letter

yours sincerely

Liz Pickering
Assistant to Director


Me thinks i rattled someone cage