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Barclays breach of the Data Protection Act


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Now that Barclays 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 data and who are now able to receive it.

 

I suggest that anyone who has not yet received their subject access request 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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I read the sticky about Barclaycard microfiche being relevant, however does this really mean the whole Barclays 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:D

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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I suggest that anyone who has not yet received their subject access request 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.

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

 

http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=43&Itemid=2

 

 

Non disclosure imprisonment threat against RBS Data Controller! pdf_button.png printButton.png emailButton.png

A Consumer Action Group User was today (21/11/06) granted a County Court order in respect of the failure by the Royal Bank of Scotland 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 Scotland 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 request. 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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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

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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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 RBS 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. :eek:

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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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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 goodwill" 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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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 goodwill" 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 ombudsman ( 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/forum/newreply.php?do=newreply&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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  • 3 weeks later...
Now that Barclays 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 data and who are now able to receive it.

 

I suggest that anyone who has not yet received their subject access request 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 template 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 mortgage 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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can anyone help please - I sent my letter before Xmas to Barclays 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.

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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

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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  • 2 weeks later...

: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, Barclays have said this info is on my statments, which the total charges are, but the breakdown is not, i have sent my LBA 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

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  • 2 weeks later...

Oh dear. i thought i was alone in this. It seems like Barclays 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 ombudsman should be sorting this out .

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Hi all, i am takin on the Hellifax on behalf of my pertner. We sent the SAR 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 court approx 10 days ago... they said it would take up to 10 days to process ,,waiting to hear further from the courts

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

 

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

 

Thanks

 

Mr Peter Townsend can be found in:-

Privacy & Data Protection

Radbroke Hall

Knutsford

Cheshire

WA16 9EU

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