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Im at the start with this and noticed the recent response by the Information Commissioner to JLW61s complaint againt Barclaycard.
Im just wondering :-
1) Is it worth incorporating wording mentioning this "judgement" and that I will not accept the microfiche response as valid.
2) If I do get the Microfiche response should I proceed to lba stage...and should I mention this as my intention in my S.A.R - (Subject access request)?
3) Should I be mentioning/detailing any interest claim in my LBA and at what interest rate?
Ive got a mixed set of statements for Barclaycard already so can probably estimate what they have charged me quite well but obviously its preferable to be accurate with this things.
EDIT: After reading a bit more through the forums it seems quite a few court cases are getting stays applied. Are the any details regarding the case/cases that relate to these stays?
Hi, the first step is to get your statements - send the SAR template letter + £10. You could mention the IC's ruling, but i half suspect that B'card might well just ignore you & the IC anyway. When you get your statements, work out the fees taken from you, & then send the "prliminary letter" template asking for the money back. Then its a lba, then a N1 claim.
With me, when they gave me the microfiche treatment, i lodged an immediate complaint with the IC's office (after the 40 days & nights had expired for data compliance). Also, i figured that why use 2 court claims to get at what i wanted - i submitted a preliminary letter, estimating there to be a charge in any month for which no statement had been provided. This was clearly labeled on my schedule of charges. Then an LBA. Then a county court claim - if it goes to court i shall be explaining to the judge my rationale & with the IC on my side, i think i shall be the reasonable & lawful party ! (ps i would still write to them if you don't get all the statements & point out all the details & demand compliance). The SAR & prliminary + LBA are different issues. SAR is for the data. Prelim & LBA + court action are all for the money & should all be consistent (see letter templates). If you will be going for the contractual rate of interest (ie the rate of interest they charge on your account & probably shown on your statements), then mention it & detail it clearly from your prelim letter, through your LBA to your claim form. If you are going just for the "courts rate of interest" (8%), then you will only mention this on your court claim form. I think if you look around this site you find all the template letters + all the details of interest etc. Hope i have helped & not confused. Good luck.
Id like to lodge a complaint with the Information Commissioner immediately if they give me the Microfiche run-around since they've already been told its not on. I need to look into the legalities more but Id have thought that using the microfiche defense at this point would be equivilent to saying "no, we wont comply with your request".
Im also going to go right in with my prelim at that stage with estimated amounts (Im only missing about 2 years statements) since it sounds like Barclaycard are intent on dragging things out as long as possible.
And yup Mr Chips, I will be going for the contractual rate of interest - lord only knows they sharked us enough with it over the years
I was thinking of adding the following onto the SAR request :-
"Please note that I am aware of the recent Information Commissioners investigation into Barclaycards microfiche system (please see attached) where it has been ruled that this system is a relevant system as pertains to the Data Protection Act 1998, thus I will consider any refusal to supply the requested data on those grounds as a statement that you intend not to comply with my Subject access request and will immediately take the appropriate measures."
I struggled as to whether or not I should detail what the appropriate measures should be but decided it was unwarrented.
One more question though :- In the SAR what is the prefered wording as to the data being requested? "charges relating to my credit card history" is what Ive used....I couldnt find a template for CC claims (have I overlooked it?)
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Mr Pain Vs Barclaycard - Pending
Mr Pain Vs Halifax - Pending
Mr Pain Vs Halifax CC - Pending
Mr Pain Vs Student Loans - Thinking about it
Mrs Pain Vs First Direct Pending
Mrs Pain Vs First Direct CC
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The template letter for a SAR is in "Bank templates library", "1. Data protection act Subject access request letter - list of charges." by Bank Fodder. I would tend to stick to the template letters - they should have all angles covered!
Sorry - another bit, if you are going to take appropiate action, then list exactly what you will do (eg lodge a court claim etc), and then follw through with it. This is why i said i proceeded straight with an estimated amount for any months where they refused to give me the data - otherwise you end up going to court for the data - delay, delay etc. Then you go to court again for reclaiming your money. I just felt if they wanted to be ackward about it all, then it kind of plays into my hands, as i shall estimate & if they want to dispute then they have to supply the data anyway. Also, on my claim form i can list the reason why i have estimated as that they have failed to comply with the data protection act. Now, with the IC on my side, i feel that this sort of behaviour is to my advantage in front of the judge ! But it is up to you, whatever you feel is the best way forward.
Mr_Pain vs Barlaycard
stage...and should I mention this as my intention in my S.A.R - (Subject access request
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