HAREJON V Barclays

[harejon]

I'm about to send my Subject Access Request to Barclays on an account I had with them between 1989 to Nov 2001. It would seem they hold statements going back 12 years (according to the sticky by zootscoot see link below), should this be mentioned in the letter? Can I rely on Barclays to supply all the info or do you think they need a prod?

 

the sticky:

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/81661-data-retention.html

 

Thanks for your attention.

[happyolddog]

Hi harejon,

welcome to the forum,

 

They might need a bit of prodding, but thats half the fun of it.

use the template letters in order. Stick to the timetable in there.

please take time to read the faq's

LINKS....

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/71112-glance-guide-claiming.html

FAQs....

Templates Library....

If you have charges going back further than six years read in here;

http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html

There is also live chat, visit if you need any quick advice.

http://www.consumeractiongroup.co.uk/forum/chat/flashchat.php

Finally good Luck.

Happyolddog.

 

If my advice helps please tip the scales, left.

[harejon]

Thanks hod, I'm new to the barclays forum. I've been living on the HSBC forum as I've had a claim going through with them since Feb. A couple of days a go I read the big thread on claiming back charges further back than the 6 years which is when I had the Barclays account. Then yesterday out of the blue I remembered the account number. I rang them yesterday and found out the sort code and closure date 'for my records'.

 

I am using the SAR template off of this site but just wondered if it was worth mentioning the 12 years.

 

I'll leave it as it is and see what they send.

 

Cheers.

[oneofakind]

The template asks for 'a complete history' of your account.

 

That said, I used the template, and only got 6 years worth, so now I'm going the non-compliance route to try to get the rest. Maybe it would be worth saying 'I am informed that you retain account data for at least 12 years, and I request all such data held in my name...' or suchlike; let them know that you know they DO have more than 6 years worth of info.

 

Bankers are sneaky. Don't let them wriggle off the hook.

 

David.

[harejon]

that's what I'm thinking David. Adding a piece like that may clarify what they need to do somewhat.

[Micky the Hippo]

there's a whizzy version around with a dead cool para about microfiches and a signed affidavit from the DATA officer confirming they hold no records

 

posted by bong I think, probably on the big thread about claiming beyond 6 years

[oneofakind]

I'd try to keep it as simple as possible at this stage. Just let them know that you know how much they know, and you want to know it all. Then they'll know no more than you know, so that's fair, you know?

 

All clear now?

 

D. :D

[Allrighty]

I'd try to keep it as simple as possible at this stage. Just let them know that you know how much they know, and you want to know it all. Then they'll know no more than you know, so that's fair, you know?

 

All clear now?

 

D. :D

 

 

methinks you watched too many yes ministers LOL

[oneofakind]

My favourite documentary!

[harejon]

I'd try to keep it as simple as possible at this stage. Just let them know that you know how much they know, and you want to know it all. Then they'll know no more than you know, so that's fair, you know?

 

All clear now?

 

D. :D

 

quality

 

has anyone on here received more than 6 years statements from Barclays? I've read so much over the last couple of weeks I can't remember...

[happyolddog]

I got 19 years. no not inside of statements,

[harejon]

going today:

 

27th April 2007

 

Barclays Bank

Data Protection Office

Barclays Bank plc

1 Churchill Place

London

E14 5HP

 

Data Protection Act 1998

Subject Access Request

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: 99999999 99-99-99 (closed 7th Nov 2001)

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable. I am informed that you retain account data for at least 12 years, and I request all such data held in my name.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. My address at the time I closed the above account was ..... I would be happy to collect the Data from my local branch.

 

 

Yours faithfully,

 

 

Anyone see any issues with that? It's the standard one plus an additional bit mention data retention of 12 years and also a bit on my change of address. Cheers.

[Micky the Hippo]

I really would use the bit about the signed affadavit from the DATA officer, that's asking someone to lie and risk their career

 

Otherwise they'll just lie

[harejon]

you haven't seen that para in another thread have you harry, I'm on page 11 of the biggun and haven't found it yet.

[Micky the Hippo]

seen it loads for times, can't find it now

something similar, I think the thrust is to say that if they insist they hold no records beyond a certain date, you ask for an affidavit sating as much, signed by their data compliance officer

 

Please provide the following:

Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data

[harejon]

I've found this on page 21

 

Dear Sir,

 

As you state that all data older than six years has been destroyed, I now require you to provide the following within 7 days:

 

Full copies of all contracts which you believe exist between myself and your organisation, including copies of any documents you hold in support of same.

Details of the identity of any individuals or organisations who have provided you with my personal information together with copies of any letters of instruction provided by them, or any contracts entered into between yourselves and the third party, and the relevant dates to which those contracts relate.

Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails, microfiche or computer records containing my personal information, or any records which pertain to this information.

Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.

Full copies or transcripts of any computer logs, microfiche or database records kept in relation to myself or in relation to my financial or personal information.

Full copies of any correspondence in postal, email or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial information, or which pertains to myself.

Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party.

Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

Full hard copy print outs of any of my personal or financial information held in a digital, magnetic, microfiche or any other format which is held in any archives, backups or other storage devices / locations. And Audio files

Your registration number with the Information Commissioners Office.

Your Consumer Credit Licence number.

Your VAT registration number

Where reference to emails is given above, these emails should be taken from your email servers or backups / archives held in a magnetic or digital format. These emails may not be present on a user’s local system, and may require the assistance of your IT department / IT providers, who you should contact immediately for their provision.

 

Please confirm whether you hold a physical file with details of my personal and / or financial information. If so, please provide details and dates of any instance when this file has left your control, to whom it has been communicated, the method of transportation / communication e.g. Royal Mail, courier, by hand, electronically. Please provide a full copy of this file Where my physical file has left your offices, please provide details of any precautions taken to ensure that my information has not been lost, stolen, misplaced or made available to anybody who does not have authorised access, including those who would use my information for the purposes of identity theft, or registered with any credit agencies. Please also confirm whether any of the documents held within the physical file are computer generated.

 

Under S.40 of The Administration of Justice Act 1970, if you believe you have provided my information to any organisation, agent, or individual who could, or may have used it for unlawful purposes, you should contact me immediately, and provide full details of their identification and address, together with full details of any instructions you have provided to them. If you have forwarded or communicated my personal or financial information to any person, company, or organisation, please provide a copy of the authority, signed and dated by myself upon which you have relied prior to doing so. As requested above, you should provide copies on any such communications.

 

Under the Data Protection Act 1984 / 1998, as a Data Controller, you are responsible for the complete retraction of all information provided to any third party, should I request you to do so, and have a duty to myself to ensure that any personal or financial information I have provided to you is kept securely, and is only communicated to those to whom I have given my express permission / authority.

[harejon]

Thanks for the para micky you are a star. I've added it to the below:

Barclays Bank

Data Protection Office

Barclays Bank plc

1 Churchill Place

London

E14 5HP

Data Protection Act 1998

Subject Access Request

Dear Sir/Madam

ACCOUNT NUMBER: 99999999 99-99-99 (closed 7th Nov 2001)

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable. I am informed that you retain account data for at least 12 years, and I request all such data held in my name.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. My address at the time I closed the above account was ........ I would be happy to collect the Data from my local branch.

Yours faithfully,

[Micky the Hippo]

good show

 

I think the big one that goes on about emails and the like is over the top, it;s bad enough trying to get statements out of them

 

good

 

I've got sars for old statements out there, I'm having that rather than hunting for it next time

 

[harejon]

well their 40 days was up today and no statements. time for the next step.

[oneofakind]

A gentle reminder is called for; they are really snowed under, though, and your info may just arrive a few days late....

 

Poor little bankers.

 

[harejon]

I was going to give them a couple of days before sending the next snotty letter. I'd rather not have to take them to court to get the info to take them to court.

[saintly_1]

Have you tried ringing 0800 282 390 and speaking to an advisor there .... mention that you are about to send out a http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html they will proberbly print them out for you and send them

[harejon]

right, I sent the snotty letter on Friday (received Monday) threatening court action if they do not supply the statements I require and guess what came in the post today.

 

the cheeky monkeys have only sent 28th Dec 2000 > 7th Nov 2001 (when the account was closed) even though I requested all info held which I believe was going back 12 years. If that info was not available then I required confirmation of disposal of data, the exact wording is in the letter above.

 

 

I guess it's time for another letter.

[harejon]

I have a number of 'PAID REFERRAL' charges on my statements for £20. I take it I can claim these back?

[harejon]

How's this for a follow up? It's the template letter plus some of the original. Is 7 days enough do you think? They've already had far more than the 40 days I'd allowed.

Barclays Bank plc

Data Protection Office

1 Churchill Place

London

E14 5HP

Dear Sir/Madam

 

ACCOUNT NUMBER: ******** **-**-** (closed 7th Nov 2001)

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 27th April 2007. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1) You have failed to provide a complete list of transactions and charges. For the period prior to 28th Dec 2000. Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data

2) You have provided no notes, or documents relating to instances of manual intervention. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have a further 7 days to comply.

 

Yours faithfully,