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Decided after all to start proceedings against Barclaycard. I sent them an SAR on 16th January. Yesterday, I received the following letter from them, dated 25th January….
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 requests 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 is a lengthy and laborious 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 Commissioner'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.
We regret we are not able to enter into any correspondence with you about this issue.
Yours sincerely,
Adrian Whalley
Head of Privacy and Data Protection
Legal Counsel
Data Protection Team
Legal and Regulatory Compliance
Dept LRC
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Obviously it has only been about a week since they would have received my letter so it seems strange that I have been sent this already. Should I just stick to the 40 day deadline and then continue as normal or should I respond to this letter?
Hi, I would ignore it and stick to the timetable. Once they go past the 40 day deadline you should send them a letter advising them they are in default of the Data Protection Act (there are threads you can find on this).
Notorious Barclaycard delaying tactics. Now they can't hide behind their microfiche tactic (you can't have statements on microfiche) they are using it to delay sending you anything.
When the 40 days are up, send a complaint to the Information Commissioner's Office to complain too.
If my post has been useful, tip my scales and let me know
Thats flipping outrageous!! Did you send then the required £10 for the SAR when you sent it off??? If you did then i would have a word with Mr Whalley and find out what they are playing at.
Would be interested to see what the response is as have recently sent my own SAR.
Barclaycard
S.A.R sent 18/01/07 :o
7 Day reminder 02/03/07
Some statements rec'd 19/03/07
ICO Complaint 20/03/06
Yes, I enclosed a cheque for £10 which hasnt cleared my bank so they obviously havent cashed it. Do you think its worth me ringing them or shall I keep everything in writing?
Id say call them then follow it up with a letter anyway to keep the record of correspondance for use at a later date ie maliciously removing funds despite reciept of your letter and hence clearly your cheque.
Whan you call confirm if they recieved the cheque first before equiring if they want to explain why they have charged you for statements.
I got a letter from them yeterday basically telling me that they would supply all the info I've requested about my account within the 40 day time limit - is this standard as I haven't seen other people getting this letter?
Hi Elky,
I got a letter a few days ago saying they would send my details within the 40 days, but now I have just had the letter saying the 40 days are about to expire and they will not be able to supply my statements in time. I think they are just trying to make things as difficult as possible
Tracy
Still no statements received from Barclaycard and their 40 days is up on Friday. I take it I send them template number 3 from the non-compliance letters?
You have failed to comply with my Data Protection Act Subject access request dated (Insert Date).
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.
I still have received nothing from Barclaycard, not even a letter to say they still haven't had the time. I sent the lba just over a week ago now but nothing.
Hi Elky,
If the time has expired then apply for an Order from your local court to force compliance. You can also complain to the Information Commissioner's Office. Might be worth one last phone call. You'd think Barclaysharks could afford to employ extra staff to meet their customer's demands since their record profits announcement.
All the best,
Paul
MBNA: Paid
Co-Op: Paid
Lloyds Tsb:Data Protection Act sent 14th June Still waiting. Started again
Abbey National: Paid
Barclaycard:Prelim £1920 14th Sept MCOL 17/10/06 £2346 Court date 13th March Offered £600 and rejected. Then offered £1,600 rejected. Paid in full £2,705.02.
Capital One: Paid
Cahoot: Paid
Accord Mortgages: Prelim £9,750 LBA 6/10/06
MCOL 21/10/06 £10, 520.65 Withdrawn and waiting for better times
Mother in law Nat West: Paid
Wife's Nat West MCOL issued 26/03/07
Rise, like lions after slumber
In unvanquishable number!
Shake your chains to earth like dew
Which in sleep had fallen on you:
Ye are many - they are few!
Hi Elky
I was in exactly the same situation as you and they also did not reply to my lba. However yesterday they did send the statements at last. I think you will probably get them soon, but they just take their time.
Elky vs Barclaycard
on 16th January. Yesterday, I received the following letter from them, dated 25th January….
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Originally Posted by Elky
