Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Sent them nasty letter reminding them of ICO ruling and threat from Judge to imprison RBS Data Controller for non compliance. Followed up with a phone call to Mr Nuttall in Manchester
All statements are in the post! THEY HAVE GIVEN IN!!!!
Well Done !! A true victory for all B/C microfiche sufferers.
I wonder what effect this will have on outstanding claims based on estimated charges. In my case they confirmed the 2000-2004 charges in a letter, but would'nt supply statements. Claim now at 'Hearing' stage (5.3.07).
More thoughts ..... Is there an implied admission by Barclaycard that as they have supplied statements in Bicesters case (under threat) that in all other cases, where statements have been refused, they have breached the DPA. Perhaps we should collate these cases, as each one could constitute a seperate DPA non compliance offence. Have they set (themselves) a precedent ? J.:?
They are still in breach of Data Protection Act because they failed to comply within the 40 days!
Dont forget to add a claim for any and all quantifiable damages you have suffered by their non-compliance.
Originally Posted by T4FF
Damages?!?? Sounds intriguing.....like what? How? In the same claim?
I don't know whether it would be workable, but I'm just throwing this in the pot for thoughts:
If they try to say that some charges are gone beyond the 6 yrs limit between the time you sent your SAR and the time they comply, thereby delaying your court claim by weeks or months, and you do not want to go down the s32 b of SOLA 1980 route, maybe you would be able to quantify those charges as a quantifiable damage suffered by non-compliance?
Thoughts?
Apologies to people who I was in the process of helping, I may be gone some time.
Well I like the idea of damages! Exemplary and aggravated maybe, because of their deliberate obstructionism, when they were clearly aware of the earlier ruling in the Abbey case. There is another thread somewhere when someone has claimed aggravated and exemplary damages. I understand from yet another post that Judges dont like deliberately obstructionate behavior - any legal opinion out there?
Finally I agree that all those of us who have been obstructed by the microfiche argument should complain to the Information Commissioners Office and maybe the FSA!
Another letter to the nice Mr Nuttall today:
Mr. Carl Nuttall
Customer Relationship Manager
Barclaycard
PO BOX 599
M603NF
I refer to our telephone conversation of Tuesday 12th December. I have still not received the letter which you informed me was “in the post” in reply to mine of the 2nd of December.
I am glad to hear that in the light of the ruling from the Information Commissioners Office that your microfiche system is a “relevant filing system” that you will now be forwarding to me all the outstanding statements as originally requested under my S.A.R - (Subject access request)
I note with concern however your statement that this might “take some time” as they are stored elsewhere.
This is not acceptable. You were well aware of the Information Commissioners Office ruling about the Abbey microfiche system and I consider that your organisation has been deliberately obstructionate in this matter. I am not prepared to tolerate any further delaying tactics. I look forward to receiving the outstanding statements within the next 14 days, which I consider reasonable given the resources at the disposal of your company and that the 40 day period since my original SAR has expired.
If I fail to receive them by then I shall commence legal action against you and it that context would draw your attention to the recent threat made by District Judge Forrester to imprison the Data Controller for the RBS because of non compliance with an SAR..
Yours faithfully,
Ho hum lets see what that does to them!! Anyone else been told that yes they will get their statements but it "might take some time?"
This is certainly good news about the microfiche excuse no longer being relevant. I wonder whether they will now supply this data to all those who previously requested it seeing as they have had the money for the SAR. I have sent my "letter before action" today before I read this latest post, I wish I had included a paragraph about the missing data. Still, no harm in sending Mr Nuttall a further letter within the remaining 14 days!
I got a letter from Barclaycard yesterday stating that although they don't agree with the ICO ruling, they, as a gesture of goodwill, will now send me the relevant statements. Also in the post was one statment from June 2004, which they have already sent me! Incompetent idiots!! I will also be sending a letter informing them that they have exceeded the 40 days.
Spotnot v MBNA and their nasty solicitors (on behalf of my friend)
I've put in an estimated claim, this may actually be more than the statements should I keep going with that and argue about the statements in court or should I get my statements. It may not be in my favour.
I got a letter from Barclaycard yesterday stating that although they don't agree with the Information Commissioners Office ruling, they, as a gesture of goodwill, will now send me the relevant statements. Also in the post was one statment from June 2004, which they have already sent me! Incompetent idiots!! I will also be sending a letter informing them that they have exceeded the 40 days.
Strange, I got similar single statement for June 2004, when I actually demanded Jan 2000 to present day..... hmmmm, maybe the saga's not over yet
I to have had the same attempt to stall a bit longer letter from Bcard, I have also sent a similar letter to you but I think it was a bit harsher that yours, not saying yours wont have the same effedt, but I was a bit angrier I think when I wrote mine. Feel free to take a look.
Barclaycard Surrender On Microfiche!
Data Controller for non compliance. Followed up with a phone call
Reply With Quote
Originally Posted by noomill060
