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Carl Nuttall has written to me on the 7th December advising they have credited my account with £376.
In my original letter I had to estimate the charges and interest. The statements they did provide showed £504 in charges, and I estimated the previous charges at £450-odd.
The response with the £376 shows that the total charges prior to the statements were in fact £280, so I have revised my schedule.
I am going to send a letter accepting this offer as part payment. Do I then give 14 days before sending a lba or not?
Also, is it worth proceeding with an estimate on interest or am I better to complain the the Information Commissioners Office and get them to tell Barclaycard to send me the statements.
Confused as every template seems irrelevant now...
As you said accept the offer as a partial payment only, personally i would then complain to the ICO and write to bcard to get the pre 2004 statements. Then once you have these you can revise your schedule of charges and fire off a final lba, taking into account the money already refunded.
Victory over Lloyds PPI claim £2606 click! Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06) The GF's battle against RBS click! stayed awaiting the end of the world
I refer to my letter of Friday 3rd November and your reply of the 8th November.
Thank you for your prompt response and I acknowledge receipt of my statements for the period May 2004 to date.
I note with disappointment, however, your failure to supply me with statements held prior to May 2004 and your contention that this is because they are held on microfiche which “does not constitute a relevant filing system.” I do not accept your position and note with interest the Information Commissioners Office [Information Commissioners Office] rejection of a very similar argument advanced by the Abbey National Bank earlier this year.
I understand that Barclaycard has now been visited by representatives from the Information Commissioners Office and that the Information Commissioners Office have ruled, contrary to your contention, that the microfiche system is indeed a “relevant filing system” and that therefore you are obliged, under the Data Protection Act, to supply the information so held.
Please therefore now supply me with the missing data, namely the list of transactions and charges relating to my banking history with your organization from October 2000 to May 2004. Alternatively, a complete set of statements for that period will be acceptable.
Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.
If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.
I have already paid you the statutory maximum fee of £10. You have 40 days from the 4th November, the date of my original request, in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act Subject access request fee.
If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.
Yours faithfully,
Then followed up with this:
Mr. Carl Nuttall
Customer Relationship Manager
Barclaycard
PO BOX 599
M603NF
Your ref: xxxxxxxxx
Our ref: BC2
Tuesday, December 12, 2006
Data Protection Act 1998 Subject Access Request Breach of your obligations
Dear Sir,
BARCLAYCARDACCOUNT NUMBER xxxxxxxxxxxxxxxx
I refer to my unanswered letter of 2nd December. Your 40 day period has expired and you are now in breach of your obligations under the Data Protection Act.
I note your failure to supply me with statements held prior to May 2004 and your contention that this is because they are held on microfiche which “does not constitute a relevant filing system.” I do not accept your position and draw your attention to the Information Commissioners Office [Information Commissioners Office] rejection of a very similar argument advanced by the Abbey National Bank earlier this year.
I understand that Barclaycard has now been visited by representatives from the Information Commissioners Office and that the Information Commissioners Office have ruled, contrary to your contention, that the microfiche system is indeed a “relevant filing system” and that therefore you are obliged, under the Data Protection Act, to supply the information so held within 40 days of a request
You have failed to do so and I have today therefore made a formal complaint to the Information Commissioners Office. I shall also commence legal action to force disclosure and would in this context draw your attention to a recent posting on the Consumer Action Group website:
“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 user’s 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”.
I suggest you may wish to bring this to the attention of your Data Controller as I assure you I will not hesitate to use the full force of the law against you if you continue to fail to comply with your obligations under it.
Yours faithfully,
cc: Data Controller Barclaycard
Chief Executive Barclaycard
Phoned Mr Nuttall this afternoon and he tells me that all my statements are in the post. Yippee!
How to proceed? Please help me!
. The statements they did provide showed £504 in charges, and I estimated the previous charges at £450-odd.
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