Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Default Barclays breach of the Data Protection Act

    Now that Barclaysicon has been found by the information Commissioner to be in breach of their data protection obligations,, there must be many people who have been waiting a very long time for disclosure of their personal dataicon and who are now able to receive it.

    I suggest that anyone who has not yet received their Subject access requesticon disclosure from Barclays should write an abrupt letter to the bank and make it clearthat as they have been in violation of their data protection act duties for some time, that you will wait no longer and that if they do not make the disclosure within seven days you will applied to the court for an order.

    As usual, only make this threat if you are prepared to carried out. However please understand that this is a 100% winner and that you will recover your costs as well without any problem.

    If you are one of the many people who have had to endure the strutting arrogance of Barclays bank and their flawed opinion as to their duties under the Data Protection Act which presumably has been fed to the bank by the people who pass for their legal advisers, then you may decide that this is the moment to begin your action and to force the bank now to retreat from a position which to the rest of the world was quite clearly wrong and which one can only imagine might have been adopted by the bank in order to frustrate the legitimate claims of their own customers.

    This is the industry which is trying to persuade the country that it can be trusted enough to regulate its own affairs!

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    Basic Account Holder Guapa1 Novitiate

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    Default Re: Barclays breach of the Data Protection Act

    I read the sticky about Barclaycard microfiche being relevant, however does this really mean the whole Barclaysicon system? Or just Barclaycard?

    Halifax
    S.A.R - (Subject Access Request) request sent - 14th September
    Non-compliance letter- 26th October
    Prelim sent-3rd November
    LBA sent - 21st November
    Settlement rejection offer sent- 28th November
    N1 form filed 8th December
    PAID IN FULL

    Barclays
    S.A.R - (Subject Access Request) request sent - 26th October
    Barclays Acknowledged letter and sent back P.O - 1st November
    Barclays sent out statement. Jan-Mar 01 is missing.
    Letter for missing statements sent 14th Nov
    Barclays sent letter claiming microfiche data
    Letter sent back claiming data again 28th November
    Non compliance letter sent 8th Dec

    Prelim sent-18th January.
    LBA sent Pending
    Moneyclaim made-Pending
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    Default Re: Barclays breach of the Data Protection Act

    Quote Originally Posted by BankFodder View Post
    I suggest that anyone who has not yet received their Subject access requesticon disclosure from Barclaysicon should write an abrupt letter to the bank and make it clearthat as they have been in violation of their data protection act duties for some time, that you will wait no longer and that if they do not make the disclosure within seven days you will applied to the court for an order.

    As usual, only make this threat if you are prepared to carried out. However please understand that this is a 100% winner and that you will recover your costs as well without any problem.
    I sent such a letter off yesterday, and I AM prepared to take it to court. One thing bothers me slightly - what am I taking them to court FOR? Am I seeking a ruling that they are in breach of the Act and MUST handover relevant information?


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    Default Re: Barclays breach of the Data Protection Act

    I have an estimated claim against Barclaysicon, for precisely this reason - their refusal to provide full disclosure. Could someone point me towards this ruling as I would like to include it in my court bundle..

    Thank you V much.


  5. #5
    Basic Account Holder bevo Novitiate

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    Default Re: Barclays breach of the Data Protection Act

    I received on 2 years information from Barclaycard (for a visa and a mastercard) I know that I had problems in 2003/2004 which they said they could not send me. Do they now have to supply this information. I have held off as I was not sure how to approach for the 2003/2004. Anyone have any advice?


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    Default Re: Barclays breach of the Data Protection Act

    Read this, it should make disturbing reading for Peter Townsend (DATA CONTROLLER OF Barclaysicon BANK if Judge Forrester is reading) assuming he doesnt want become a guest of Her Majesty.

    http://www.consumeractiongroup.co.uk...id=43&Itemid=2


    Non disclosure imprisonment threat against RBS Data Controller!
    A Consumer Action Group User was today (21/11/06) granted a county courticon order in respect of the failure by the Royal Bank of Scotlandicon to comply with his disclosure request under the Data Protection Act.

    District judge Forrester, making the order commented that had the claimant been able to supply him with the name of the data controller
    at the Royal Bank of Scotlandicon that he would have added a threat of imprisonment for non-compliance.

    The Royal Bank of Scotland now has until January 2007 to comply with the users Subject access requesticon. The District Judge has indicated that if the Bank has not complied with the order by that time that he may make an order for imprisonment of the RBS Data controller.



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    Default Re: Barclays breach of the Data Protection Act

    Hi Bankfodder,

    Done just what u said [ see my other posts ]and lo and behold "all statements are in the post "BUT "might take a few weeks."

    How long should I give them?

    Happy Christmas Barclaycard!

    Bicester1


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    Default Re: Barclays breach of the Data Protection Act

    If "all statements are in the post" why might it take "a few weeks"?

    If the boot was on the other foot, they would have no hesitation in dragging you into court.

    What do you imagine their response to "Its in the post but it might take a few weeks" would be?

    As is oft said on this site, YOU set the timescales, not the banks.

    Start proceedings immediatley.

    (A mention to Peter Townsend that the RBSicon data controller is facing imprisonment due to non-compliance may induce a sufficiently unpleasant sphincta contraction for him to comply)


    What ever you do, Peter, dont go into the greenhouse.


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    Default Re: Barclays breach of the Data Protection Act

    please see my posting on the INvestor in people "angle"

    Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

    1996
    PC
    Lord Mustill Commonwealth,

    Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."
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    Default Re: Barclays breach of the Data Protection Act

    Hi All - ive just received a letter from Barclaycard acknowledging the position of the OFT re the Microfich argument, although they "reserve their position" in this regard, but as "a gesture of goodwillicon" they are now going to supply all of my information and I will receive it within 28 days. Unfortunately for them their 40 days expired yesterday so im moving on with an estimated claim and then proceedings.

    Intersting to see that they are now relenting - anyone else got one of these letters? If not, its from Tracey Burgess, Customer Relationship Manager at their Manchester address.


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    Default Re: Barclays breach of the Data Protection Act

    Quote Originally Posted by Bluefairy View Post
    Hi All - ive just received a letter from Barclaycard acknowledging the position of the OFT re the Microfich argument, although they "reserve their position" in this regard, but as "a gesture of goodwillicon" they are now going to supply all of my information and I will receive it within 28 days. Unfortunately for them their 40 days expired yesterday so im moving on with an estimated claim and then proceedings.

    Intersting to see that they are now relenting - anyone else got one of these letters? If not, its from Tracey Burgess, Customer Relationship Manager at their Manchester address.

    how about making sure unless they offer you "extra compensation" you make sure the complaint goes to the Ombudsmanicon ( costing them money)
    they have "played dirty" ........

    also the matter could be referred to investors in people -----
    see my posting


    http://www.consumeractiongroup.co.uk...reply&p=436070

    Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

    1996
    PC
    Lord Mustill Commonwealth,

    Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."
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    Default Re: Barclays breach of the Data Protection Act

    Thanks Vulture Bank, will do!


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    Default Re: Barclays breach of the Data Protection Act

    Quote Originally Posted by BankFodder View Post
    Now that Barclaysicon has been found by the information Commissioner to be in breach of their data protection obligations,, there must be many people who have been waiting a very long time for disclosure of their personal dataicon and who are now able to receive it.

    I suggest that anyone who has not yet received their Subject access requesticon disclosure from Barclays should write an abrupt letter to the bank and make it clearthat as they have been in violation of their data protection act duties for some time, that you will wait no longer and that if they do not make the disclosure within seven days you will applied to the court for an order.

    As usual, only make this threat if you are prepared to carried out. However please understand that this is a 100% winner and that you will recover your costs as well without any problem.

    If you are one of the many people who have had to endure the strutting arrogance of Barclays bank and their flawed opinion as to their duties under the Data Protection Act which presumably has been fed to the bank by the people who pass for their legal advisers, then you may decide that this is the moment to begin your action and to force the bank now to retreat from a position which to the rest of the world was quite clearly wrong and which one can only imagine might have been adopted by the bank in order to frustrate the legitimate claims of their own customers.

    This is the industry which is trying to persuade the country that it can be trusted enough to regulate its own affairs!
    Are you referring to default removals here? I've just sent off the templateicon to Barclays Bank telling them that I have no recollection of ever receiving a default and would like further information. I've included a 1 postal order. It's been nearly a week and i've heard nothing from them. Any suggestions???? The problem is that they've placed a default on my credit report from 2001. It's satisfied now but apparently wont be removed by the CRA's until November 2007. It's badly affecting my mortgageicon and lending opportunities. My credit rating was very poor then went up to fair and now for some strange reason it's gone back down to poor.


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    Basic Account Holder Redmountie999 Novitiate

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    Default Re: Barclays breach of the Data Protection Act

    Anyone tell me the addess for the Data Controller at Barclaysicon Bank???

    I need to send them a CCA letter asking for a default to be removed.

    Thanks


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    Default Re: Barclays breach of the Data Protection Act

    can anyone help please - I sent my letter before Xmas to Barclaysicon with the 10 fee - they sent a letter back stating that they were under no obligation to present info according to any particualr format therefore my request to assemble charges was turned aside - they have however sent me copy statments which make no sense whatsoever! They are not detailed in anyway so cannot see what is what - is this their way of getting round things? Is this part of the breach? Can someone please advise me! As i have no longer got my statments this is they only way to obtain info on charges.


  16. #16
    Basic Account Holder pjdavies2000 Novitiate

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    Default Re: Barclays breach of the Data Protection Act

    Hi lisa - I think you'll find the response to this is:
    Start your own thread so Mods (and any rockers!) can help you on your specifics
    Read the FAQs again, you'll find that they will help - honest!
    Have a flick through the successes, they help me loads!
    But basically, they will only send you the old statements, have alook for all debits that are for 'Paid Referral' or 'O/D charge' or similar which is for 25 30 or 35 over the last six years. I'm sure there are more to look for, so have a look through the threads, I know someone has the info you are after - but they are unlikely to answer you here (so start your own thread)

    Peter


  17. #17
    Basic Account Holder hels bells Novitiate

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    Default Re: Barclays breach of the Data Protection Act

    :o hi bankfodder

    could you help with this query, my business account is in my partners and my name, it has our home address on and our business name. i have requested data or the statements that tell my quartlery what my charges are, Barclaysicon have said this info is on my statments, which the total charges are, but the breakdown is not, i have sent my lbaicon this seems new to the site everyones else has personal bankings issues, i have spent hours reading all the sites but would like if you could comment. Also wheres the link to N1 as this is what i will need in 6 days from now and am only at requesting the info stage never mind the charges. oh my god!!!

    help if u can please.

    requested the info


  18. #18
    Basic Account Holder jimmyay Novitiate

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    Default Re: Barclays breach of the Data Protection Act

    Oh dear. i thought i was alone in this. It seems like Barclaysicon in particular are really fighting this .

    I wrote to them before Christmas and got an extremely patronising letter back about the supply of information relating to charges they'd put on my account and the supply of statements ( they said they would supply within 40 days). the 40 days have expired and i have sent them a 7 day letter. i'm quite prepared to go to the info commissioner as i think it is disgsuting that they are not even wanting / reluctant to supply statements. surely the Ombudsmanicon should be sorting this out .


  19. #19
    Basic Account Holder kfdh1962 Novitiate kfdh1962's Avatar

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    Default Re: Barclays breach of the Data Protection Act

    Hi all, i am takin on the Hellifax on behalf of my pertner. We sent the SARicon back on the 12th of September. They cashed the cheque, sent a letter after 4 weeks sayin gthey would process the request, and then nothing despite several reminder letters and reporting them to the info comissioner. I have now started proceedings against them for non compliance, took the N1 forms to birmingham county courticon approx 10 days ago... they said it would take up to 10 days to process ,,waiting to hear further from the courts

    Actions in progress
    Natw West on hold pending test case
    LLoyds claim 3 on hold pending test case,

    Claims Settled
    LLOYDS TSB x 2 WON,
    MBNA WON,
    A&L WON,
    GE Money x 2 WON , c
    o-op visa WON, capital one visa WON,
    Halifax (o/h) WON,
    capquest, WON
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  20. #20
    Basic Account Holder hels bells Novitiate

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    Default Re: Barclays breach of the Data Protection Act

    hi jimmyay

    find my thread and read how i have got on, it makes interesting reading and it might help u.

    hels bells



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