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Hi All, I've started proceedings for my wife. Sent the initial letter off and received one back. Although her account was in her maiden name we explained this in the letter. Can someone please translate the reply......
Dear Mrs McWilliam
DATA PROTECTION ACT
We refer to your recent letter, which was passed to this department for comment due to your request for certain information, relating to bank charges, under the terms of the Data Protection Act ["the DPA"].
Please be aware that the bank is under no obligation to present information according to any particular format. Therefore, your request to assemble a schedule of charges is turned aside. You may of course obtain this data from copy statements and these will be supplied to you within the next few weeks without charge on this occasion. We would advise however, that statement information prior to 2000 is stored manually rather than on computer. Therefore, if you account was opened prior to this time, there maybe an increase in the time required to collate the information you have requested. I apologise in advance should this delay be the cause of any inconvenience to you.
As regards your mention of "manual intervention", the DPA does not oblige the Bank to comment about internal policies and procedures. Furthermore, in the context of managing day to day transactions arising from out of order accounts the Bank does not hold the information you have requested in a form that would be covered by the DPA. Whilst aggregated information is retained for statistical purposes, this would not constitute "personal data" under the DPA and therefore would not be covered by a s.7 DPA Subject access request. For the avoidance of doubt, the fact that we do not generally record information in a way that is caught by the provisions of the DPA, is in no way an admission that there was no such manual intervention.
As the bank is providing the copy statements on a complimentary basis you payment is returned herewith.
It basically means they will not list you your charges, but will suply you with copy statements. You will have to go through them yourself and obtain the necessary information from them.
As you can only claim back 6 years, information not being available prior to 2000 is irrelevant.
As long as the information arrives within your time limit, they have completed their obligation under the data protection act.
Mrs Mc has just been offered half the amount asked for (£750). What is the next best step to take. Do we write to them or wait for the next letter?!?!?!
Ok in the prelim you gave them 2 weeks to respond positively to your request, as soon as the 2 weeks elapse send out the lba (in the templates library) and just change the first part to say something like:
I am very disappointed with your response dated 14 February 2007 which does not deal with my request for repayment of charges dated 8th February 2007 within the timeframe specified.
The LBA gives them another 14 days before you start action, so then you would either file with MCOL or fill out an N1 Form.
14 days from your lba ? if so then its time to file at court ...... i would go the N1 route to your local court as this allows for a fuller particulars of claim
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14 days from your lba ? if so then its time to file at court ...... i would go the N1 route to your local court as this allows for a fuller particulars of claim
Mrs Mc vs Barclays Bank
" under the DPA and therefore would not be covered by a s.7 DPA Subject access request
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Re: Mrs Mc vs Barclays Bank
Originally Posted by saintly_1
