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Righteo, surprise surprise B@stardcard have microfished me! They have sent my statements from May 2004 onwards.
Now my options are:
1. Send them this letter: xx insert name from letter xx
Regulatory Compliance Abbey National plc Abbey House 201 Grafton Gate East Milton Keynes MK9 1AN
xx/xx/xx
Data Protection Act disclosure request
Dear xxxxxxxxxxx
Account Number: xxxxxxxxx
I am in receipt of your letter dated xx/xx/xx, outlining that you database only allows you to provide me with printouts covering recent transactions on my account, and that any earlier information has been archived onto microfiche. (*I also acknowledge receipt of the information you forwarded.) *assuming they have sent you some.
My request was for a complete list of transactions and charges relating to my account since xx/xx/xx – in short, a list of charges with dates and amounts – alternatively, a complete set of account statements for that period will 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.
I understand that your microfiche system was recently inspected by a team from the Information Commissioners Office, and that they have ruled that your system is a Relevant Filing System under the terms of the Data Protection Act. I therefore expect you to fully comply with my request within the prescribed 40-day timescale.
This letter has been sent by first class recorded delivery, and therefore should have reached you by xx/xx/xx (insert next working day after posting) – as you will be aware, as of this date you have just XX days (insert days remaining since they received your original request) 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.
2. Make a claim for the charges in the statements they have sent and send that letter. I am worried that by doing this i would jeperdise my chance to claim the rest.
I saw a thread on this recently on the Abbey forum but I'm being a bit of a flid and can't find it. If someone could give me the link I'd be happy as larry!
Has anyone used the "Hay Barclaycard look what happened to Abbey so sort it out" argument yet?
a jacuzzi with Bananarama. I have not lived in Bolton since 1986
Posts
6,823
Re: I've been microfished!!!
I phoned the IM's office in Cheshire yesterday, the person I spoke to told me that they were still "having discussions" with Barclaycrud about the mircofish situation.
Their 40 days have expired for my SAR and she told me just to send an official complaint to the IM and they would take things from there.
noom - it's their way of stalling you etc.. - you can complain to the information commissioner - if you go on the Abbey threads you'll see loads of similar talk in there of this microfiche stuff - don't be disheartened and fobbed off - have a read around and put in an official complaint - I am sure there is a complaint form on here somewhere in a sticky (I am hoping someone can come in here and put a link to it for you) - there is even some stuff of what to put on the complaint forms on the abbey threads which may help you a little.
Seems these companies will always find excuses? Just fight them back and let them know you know they were wrong!!!
Noom - people will lose patience - even the courts where people are needlessly having to file cases to get their money back etc.. - you see as word is spreading now more people are claiming etc.. - so the banks complaints depts are very busy??
But like we know - eventually these companies will have to fall in line - not many more excuses they can come out with are there?
Nite - my bedtime too - I get so engrosed reading what these banks are up to - I spent hours here again tonight!!
The form for a complaint to the Info Commisioner is on their website - you can fill it out electronically and send it via the web if you have no supporting documents (or electronic docs) but I had a hard copy letter to include so printed out the form and sent it snail mail. Not heard back yet so I'll chase it tommorrow but I suspect the IC is overrun at the moment with B@stardcard complaints.
See the information posted in the sticky area of the Barclays / Barclaycard forum - someone has a letter from the IC with a judgement that the microfiche records are a "Structured and Relevant Filing System"