barclaycard stalling badly, what should i do? **WON**

**jimmyay** · 30th January 2007 21:02

I received the following letter today following my 7 day letter threat to go to the info commissioner about the failure to respond within 40 days, a barclaycard hallmark. Iam getting nowhere, this is what it says...

Dear Mr jimmyay

Subject request access number 424

Further to your request for copy statements, we are writing to inform you that the legal time limit for supplying this information is about to expire. If your initial complaint was through the information commissioner the time scale is 28 days. If this is your first request the legal time limit is 40 days

The reason for the delay in our providing this information is the very large number of identical requess that we have received, all of which we are obliged to respond to within the same timescale. The recovery of some of the information you have requested from archive (note- I only asked for my 6 yrs icon

statements) is a lengthy and labourios process and we are reviewing our staffing position to put us into a better position to deal with the demand.

We have made the Information Commisioner's office aware of the volume challenges we face and that we are writing to you in these terms. We are sorry for the delay but we assure you that we will let you have your statements as soon as we can.

(I like this bit).

We regret we are not able to enter into any correspondence with you about this issue.

Yours sincerely,

Adrian Whalley (what a wally)
Head of privacy and data protection, legal counsel, data protection team, legal and regulatory compliance, dept LRC

He does give his direct tel O1604 245 518 and fax 01604 254 150 but given that he says he won't enter into any correspondence on the matter I'm expecting more stonewalling when I call.

Just a question for others on here, what can I do? Their resourcing is not my problem, yes? And I sent my first request in early dec, its nearly february now. I'm hopping mad as they first claimed not to have received my letter until 2 weeks after. I sent it recorded delivery and they cashed my cheque. So I smell the rat of refusal to supply info. Is it worth reporting them to the info commisioner now even though they say they're dealing but giving no specific dates and refusing to enter into correspondence. Have to say when I started in early dec I was half wanting my money back now with their attitude like it is making me even more determined. Ideas and guidance please folks, cheers j

Similar Threads:

**datxman** · 30th January 2007 22:25

I would wait until the end of the 40 days is up and then I would inform the ICO. I had a similar problem with Capital 1 and as soon as I sent the request to the ICO I received the statements. The ICO are not the most helpful of organsiations however they do tend to work eventually.

**Bookworm** · 30th January 2007 22:44

Besides, the better documented their delays are, the more pressure the ICO can put them under to comply... So that they can't use the staffing levels to delay forever... So yes, I'd say complain to the ICO anyway.

**jimmyay** · 31st January 2007 10:25

Thanks. I am going to write to the Info Commisioner today and may cc my local MP to boot. Sick of this.

**fab1969** · 31st January 2007 11:22

Originally Posted by Bookworm

Besides, the better documented their delays are, the more pressure the Information Commissioners Office can put them under to comply... So that they can't use the staffing levels to delay forever... So yes, I'd say complain to the Information Commissioners Office anyway.

I have had the same letter too. I can't do anything until I get the statements as this account has been dead for a couple of years now.

Can anyone point me to a template letter I need to send to the information commissioner please?

**jimmyay** · 31st January 2007 11:38

You may be better off sending a 7 day letter before action icon

, which is what i am doing, and then copy in the information commisioner. it may yield more results. Text below :

Adrian Whalley
Barclaycard
Head of Privacy and Data Protection
Legal Counsel
Data Protection Team Legal and Regulatory Compliance Dept LRC
1234 Pavillion Drive
Northampton NN4 7SG

LETTER BEFORE LEGAL ACTION

Section 7 – Data Protection Act 1998

Dear Sir

Account: xxxxxxxxxxxxxxxxxxxxxxx mr jimmayay

You have failed to comply with my Data Protection Act Subject access request icon

dated xxxxxxxxxxxxxxx

I have received your letter dated xxxxxxxxxx stating you recognise the statutory time limit is about to expire and in fact it has now expired.

You have given me no indication as to when you will be able to supply this information, and indeed you state you will not enter into any correspondence with me about this issue.

This is totally unacceptable and contrary to the spirit and letter of the Act. If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

In addition I am copying this letter to the Information Commisioner’s office.

Yours faithfully

Mr jimmyay

cc Information Commisioner

**fab1969** · 31st January 2007 13:30

Thanks Jimmy, letter going in the post any minute.

**jimmyay** · 9th February 2007 10:36

I got this through today from Barclaycard, following my 7 day letter (now just expired). What do folks think?

Dear XXXXXXXXX

Re: YOUR DATA Subject access request icon

I write in response to your 7 day letter. Clearly you are not happy about the fact that you have not received your past 6 years icon

card statements within 40 days specified in the DPA1988.

May i put the situation into context. The volume of requests identical to yours that we have had since the beginning of December is in the region of 2000.

Card statements pree May 04 are stored on microfilm at Barclays icon

record mangement centre in the North West. post May 04 statements are held on computer .

It is a labour intensive manual intensive process to retrieve the relevant microfilm of which there are many thousands, from storage, this then has to be inserted into a reader for the relevant statements to be located. it therefore takes a fair time to locate each statement a cusotmer has requested, we are going back to January 2001 in each case. . This will be 28 statements to satisfy each request. statements on microfilm are not always in sequence as this is determined by the billing date which isnt always the same each month.

Barclays has had to recruit additional staff and has aquired anumber of additional mircofilm readers to seek to speed the response process.

I have made the info commissioners offic (at assistant commisioners level) fully aware of the situation i describe and am updating on a regular basis.

I can only apologise for our not being able to let you have the statements you have requested within the timescale set. However i want to seek to reassure you that we will let you have your statements as soon as we can

yours sincerely

A Whalley

etc etc

**oscar52** · 10th February 2007 20:04

I havnt had the second letter (i didnt reply to the first TBH) but when I called Whalley (who was quite suprised) i did get all the fob off regarding "due you know how many customers..." "do you realise..." blah blah blah.

However I still havnt had them (and Monday will be 54 days), so i can see three options -

1. Wait a bit longer

2. Second in a nasty letter (which given the previous post probably wont do squat)

3. (and this sounds best to me) Just make up a figure - ie "I beleive i have payed £X charges in last 6 years icon

which I would like refunding, also, I would like to claim an amount of compensation, which i shall leave at your discretion for the blatant disregard of the DPA"

This last point - I know they "say" they have informed the commissioner blah blah blah, but they aint the only bank to have this up against them, and they have manged quite well.

**Glenn UK** · 10th February 2007 21:44

I spoke to the ICO office last week and they dont agree that the barlcaycard response puts them witin the law. However, the ICO are unlikley to prosecute since they try to get the relvant body to comply rather than use the big stick.

If you want to force the issue take them to court for non-complaince and their letter is the evidence that not only have they not com;plied but this is in effect wilful noncomplaince.

JMHO

Glenn

**Stornoway** · 10th February 2007 22:08

Hi Glenn

If I was to take them to court for willful non compliance what am i actually suing them for ? i.e. there is no financial loss by not getting the statements so other than the missing statements what should i be asking the court to give me ?

Cheers

**jimmyay** · 19th February 2007 14:08

OK time for my update . in response to my 7 day letter i had a grovelling letter from Mr Whalley explaining in detail the reason for the delay but still giving no specific date. the letter was sufficiently explanatory for me to allow them extra time.

i have now received a letter from the office of the info commissioner about my complaint, and they say they have asked Barclays icon

to comply within 28 days. so clock is ticking again . after 28 days are out (another 3 weeks) i will give another 7 day letter and then proceed to court, with more justification , i feel , having given them every chance.

**Glenn UK** · 19th February 2007 14:36

Originally Posted by Stornoway

Hi Glenn

If I was to take them to court for willful non compliance what am i actually suing them for ? i.e. there is no financial loss by not getting the statements so other than the missing statements what should i be asking the court to give me ?

Cheers

You would ask the courts for an order forcing them to comply or provide a good reason why they havent, see my thread Glenn Vs co-op for what i did.

HTH

glenn

**fab1969** · 19th February 2007 15:11

Originally Posted by jimmyay

OK time for my update . in response to my 7 day letter i had a grovelling letter from Mr Whalley explaining in detail the reason for the delay but still giving no specific date. the letter was sufficiently explanatory for me to allow them extra time.

i have now received a letter from the office of the info commissioner about my complaint, and they say they have asked Barclays icon

to comply within 28 days. so clock is ticking again . after 28 days are out (another 3 weeks) i will give another 7 day letter and then proceed to court, with more justification , i feel , having given them every chance.

Had the same letter last week after issuing them a 7 day final warning letter and issuing a complaint to the Information Commissioner. BUT, also amongst that same days post were my statements!!

I don't honestly think the right hand knows what the left hand is doing there.

Have now sent of my first 14 day letter asking for my money back.

**datxman** · 19th February 2007 15:32

Your proberly right " The right hand doesn't know what the left hand is doing" as Barclaycard have failed to reply with their aq icon

and now only have until the end of the week to comply with the request of the judge.

The strain is showing and they are cracking under the immense pressure LOL

**jimmyay** · 14th June 2007 16:26

barclaycard have now run out of time on my small claims case.

how long should i leave it after the 28 day limit to enter judgement and what is their likely reaction?

**jimmyay** · 14th June 2007 16:30

oh dear. just checked MCOL. Defence entered "late" at last minute.
grrrrrr.

**jimmyay** · 2nd November 2007 14:57

I Have Won! Settled In Full £800! This Was After Their Original Part Refund Of "anything Over A£12 Charge" - I Have Got Every Penny Of Every Charge Refunded. Case Was Transferred To Another Court , Then Barclaycard Applied For Stay Lumping The Credit Card Claim In With Normal Bank Charges One. Court Mistakenly Agreed With Them And Deffered To Jan 08 , Then Out Of The Blue - Bingo - Barclays icon

Sent A Letter Capitulating! Think Court May Have Noticed They Were Trying To Be Clever And Hoped I Wouldn Notice - Has Taken Best Part Of A Year But Got There In The End. Hooray!

**slick132** · 3rd November 2007 03:00

hi Jimmy, Thats great news - well done

Slick

**ukaviator** · 3rd November 2007 23:52

Congratulations, well done

Thread: barclaycard stalling badly, what should i do? WON

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