Thread: Barclaycard antics!! ... template required to respond

Hi all on this swirly, windy North London day!

My story in as brief as poss, so bear with me.

I sent my first letter to Barclaycard 2nd Feb 2007 (so the 40 day limit is now up) & here was their reply ...

DATA PROTECTION ACT 1998 - SAR

"Further to your request for copies of your credit card statements, we are writing to let you know about 2 things; 1st to enclose part of the information you have requested and 2nd; to explain the position with regard to the other statements you asked for.

Enclosed you will find copies of your credit card statements from May 2004 to the present time. These statements are stored on comnputer. We will be sending your statements prior to this date later. These statements are stored on microfilm (rather than computer) and take more time to search and reproduce. We will get this information to you as soon as we can. This is likely to be within the next 6 weeks or so.

Statements requests are being processed in the order in which they have been received to seek to ensure fairness. The Data Protection regulator, the Information Commissioner, has been made aware of the position and knows that we are writing to you in these terms. The Information Commissioner is also aware that whilst we are endeavouring to supply this information as quickly as we can, we do not consider that the microfilm statements fall within the scope of the Data Protection Act 1998. Nevertheless, we are happy to provide these as a gesture of goodwill."

I have waited long enough for this info and now they are dragging their heels further! ... Any advise what to do next please???:idea:

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Originally Posted by papadak

Hi all on this swirly, windy North London day!

My story in as brief as poss, so bear with me.

I sent my first letter to Barclaycard 2nd Feb 2007 (so the 40 day limit is now up) & here was their reply ...

DATA PROTECTION ACT 1998 - SAR

"Further to your request for copies of your credit card statements, we are writing to let you know about 2 things; 1st to enclose part of the information you have requested and 2nd; to explain the position with regard to the other statements you asked for.

Enclosed you will find copies of your credit card statements from May 2004 to the present time. These statements are stored on comnputer. We will be sending your statements prior to this date later. These statements are stored on microfilm (rather than computer) and take more time to search and reproduce. We will get this information to you as soon as we can. This is likely to be within the next 6 weeks or so.

Statements requests are being processed in the order in which they have been received to seek to ensure fairness. The Data Protection regulator, the Information Commissioner, has been made aware of the position and knows that we are writing to you in these terms. The Information Commissioner is also aware that whilst we are endeavouring to supply this information as quickly as we can, we do not consider that the microfilm statements fall within the scope of the Data Protection Act 1998. Nevertheless, we are happy to provide these as a gesture of goodwill."

I have waited long enough for this info and now they are dragging their heels further! ... Any advise what to do next please???:idea:

There you go, nice one. That other thread is supposed to be left for just contact address' for Barclaycard. Now you have your own thread people will be able to help you better and follow your progress.

Barclaycard are renowned for dragging their heels. This is standard drivel from them. If the timelimit expires you can complain to the Inforamtion Commisioners Office or even file for Non-Compliance with the county courts.

A few what I call pressure letters may do the trick, heres one I used feel free to use it and adapt to suit:

Mr Adrian Whalley -The Data Protection Manager
Data Protection Team
Department LRC
Barclaycard
Northampton
NN475G

15th December 2006

Account Number: **** **** **** ****


Dear Adrian Whalley,


Following my recent telephone conversations with your organisation I felt it necessary to clarify my position with you.

During the first telephone on 13th December 2006, I was informed by one of your customer account advisors that a letter had been posted to me, first class delivery on the 12th December 2006. I was also informed that the contents of this letter stated that you would be, even if already extremely overdue, supplying me with all of the information which I requested you supply in my original Subject access request (SAR), but that this would take 28 days to get to me, also that this is as a gesture of good will.

I feel that a few points need to be brought to your attention.

1) My original SAR was dated 3rd September 2006. The original information which I requested should have been supplied within 40 days. As a result Barclaycard has, I believe contravened the sixth data protection principle, as this requires data controllers to process personal data in accordance with data subjects' rights. May I point out that as of today’s date it has been 103 days since I submitted my SAR request to you, which if you do the maths, is 63 days in which you’ve had over and above the original request deadline. May I also point out that, on the21/11/06 a Royal Bank of Scotland customer wasgranted a CountyCourt 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. I suggest you consider your failure to comply carefully, and I require this information to be sent to me within 7 days of the date of this letter.Should there be any further attempts to delay compliance, I will be left with no alternative but to commence a county court action under section 7, and section 15(2) of the Data Protection Act 1998.
2) It is now 15th December and I still have yet to receive your letter, which you informed me was sent out 1st class delivery on the 12th December 2006. Even with the Christmas post I feel this should have been with me by now. I received a letter from another bank this morning sent 1st class which was also dated 12th December, so this would suggest; you have not sent this and are again deliberately trying to stall this matter further. I suggest you re-send your response letter dated 12th December, immediately.
3) When I phoned your organization on 14th one of your customer account managers read the above mentioned letter out to me. He said, referring to the recent decision by the Information Commissioners Office that Barclaycards Microfiche system is a relevant filing system, “Although Barclaycard reserves its position on this matter, as a goodwill gesture I have requested the statements you require from our National Records Centre. You will receive this information within 28 days. Please accept my apologies for the delay.” I must say that I find this patronising to say the least. It is blatantly obvious to me that you are deliberately trying every possible thing you can to stall this matter, so that you can try to decrease the number of charges in which customers should be able to claim, in respect of the limitation act 1980. This will have no bearing on my future claim and you should be aware of Section 32 of this Act, which gives relief to claimants.
I hope this clarifies my position.

Yours sincerely,

HTH

Tanz

Is there a Barclaycard Bank charges re-claim hotline to call? Thanks!

Originally Posted by papadak

Is there a Barclaycard Bank charges re-claim hotline to call? Thanks!

Ha HA

They dont want you to claim your charges back, so theyre arent going to help by setting up a hotline for you.

Sorry, couldn't help it

Have a read of the FAQ and the procedure to a claim.

As long as you read up and follow the guides on here you should be fine, and if you have any problems or questions just ask, there are plenty of people who are claiming against Barlcays.

Good luck

Originally Posted by papadak

Is there a Barclaycard Bank charges re-claim hotline to call? Thanks!

:grin: Not likely mate, they want this issue to go away not help you to claim it. Barclaycard are I think one of the worse for stalling however you have to keep at them and they will settle in the end.

Tanz

Hi
Just wondering if Barclaycard have changed their tactics slightly!

I sent my prelim letter on 11th April claiming just over £500 and have heard nothing - that doesn't surprise me as it's early days BUT today I checked my account balance and just over £300 has been credited to my account as 'late payment refund'.

Looks like it is the difference between £12 and charges applied but no reply to my letter - they just did it!!