Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #61

    Default Re: Very Old Barclaycard Charges

    Ok finally got the final responseicon letter from Barclaycard. GDPR limited to 6 yearsicon, well that's news to me and the ICOicon. Basically they say they don't have any more data to give me. Here we go:

    Dear tnook,

    About your complaint General Data Protection Regulation (GDPR)

    Thanks for taking the time to discuss your complaint with me. Once again I'd like to say sorry that you've had reason to complain.

    As mentioned in our conversation, I've carefully considered your complaint and reviewed the issues you raised. I am unable to support your complaint because we have provided you all the information we hold on you for the accounts you listed.

    Let's take a look at what happened:
    We are only required by GDPR law to hold information for up to 6 years. We have checked all of our systems and files and no other data is held for any of the accounts you provided.

    Therefore we are unable to ascertain if you held Payment Protection Insurance on any of the accounts in question as we no longer hold this information on file due to the time that has lapsed.

    And finally we need to let you know:
    This will be our final responseicon to your complaint, but if you have any questions or new information to share please let me know and I'll be happy to look into your complaint again.

    You have the right to complain to the fosicon within 6 months etc etc etc

    Your sincerely,
    BC


  2. #62

    Default Re: Very Old Barclaycard Charges

    It's good they've put all this in writing and I'll see if there's interest from the Site Team in BC's response.



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  3. #63

    Default Re: Very Old Barclaycard Charges

    Document Retention

    According to sections 221 and 222 of the Companies Act 1985, a public company is required to maintain records for a period of six years (section 222(5)(b).

    As a loan agreement is active until the agreement is terminated, I would suggest that all the payment records (and other documents making up the file - including the agreement/application etc) would be "live" until the account is paid, or terminated - thus, the full file should be retained for at least six years after that.

    This interpretation fits in with Inland Revenue legislation that requires prime documents to be retained for a period of six years - AFTER THE END OF THE RELEVANT ACCOUNTING PERIOD. That would mean some files need to be retained for up to seven years. The relevant legislation is found in Schedule 18 of the Finance Act 1998 (paragraph 21) - of particular significance is sub-paragraph (6) which states:

    "The duty to preserve records under this paragraph includes a duty to preserve all supporting documents relating to the items mentioned in sub-paragraph (5)(a) and (b)."

    Finally, key documents/application forms etc must be kept until 5 years after that business relationship has ended. This is a requirement of The Money Laundering Regulations 1993, 2003 and 2007. “


    Regards

    Andy

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  4. #64

    Default Re: Very Old Barclaycard Charges

    Thanks. The statements are outside these timeframes. They did send the application form amazingly fro 1998. I'm just wondering if they have deleted or destroyed the statements since there are other people who have managed to get them.

    What do you think I should do next?


  5. #65

    Default Re: Very Old Barclaycard Charges

    I don't believe for one second that any such statements have been destroyed.

    I would take this to the ICOicon or, if you prefer, take court action based on the info provided on page #3.



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  6. #66

    Default Re: Very Old Barclaycard Charges

    Will do slick.

    Im the meantime, I have another thread in Santander/Cahoot, same situation, old CC charges but I do have the statements this time and it has run its course, ie letters, lbaicon and final responseicon. Need help preparing for court. Can anyone assist?

    Link: https://www.consumeractiongroup.co.u...41#post5135041


  7. #67

    Default Re: Very Old Barclaycard Charges

    Have you read through the thread I linked in post #53

    If you still need more help, let us know here and I'll go take a look.



    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS




    Please give something if you can. We all give our time free of charge but the site has bills to pay.

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  8. #68

    Default Re: Very Old Barclaycard Charges

    I went down this route. Got stuck when the ICOicon accepted Barclay's word that no accessable credit card personal dataicon pre-6 years existed.


    (Good grief, I joined CAGicon twelve years ago this month!)


  9. #69

    Default Re: Very Old Barclaycard Charges

    That's bad can you ask them for proof of deletion?


  10. #70

    Default Re: Very Old Barclaycard Charges

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data download times and costs
    If you want advice please PM me a link to your thread. PM advice is not allowed!!
    DX
    RIP Martin3030

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  11. #71

    Default Re: Very Old Barclaycard Charges

    Quote Originally Posted by dx100uk View Post
    Thanks, next letter coming up. Had to take a break from the process due to some personal issues coming up. But back on it now.


  12. #72

    Default Re: Very Old Barclaycard Charges

    Ok I have dispatched the letter based on Bankfodder's template regarding deletion of data, from link provided above.

    I referred to their final position letter which states:

    "We are only required by GDPRicon law to hold information for up to 6 yearsicon. We have checked our systems and files and no other data is held for any of the for any of the accounts you provided."

    I also don't believe they have deleted the records.

    Will keep you posted when I get a reply.


  13. #73

    Default Re: Very Old Barclaycard Charges

    Whilst I await the reply from Barclays I thought I should prepare my POCicon for the SAR. I found the following template people have used pre-GDPR. Does the text need updating to reflect new the regulations?


    KX

    PARTICULARS OF CLAIM


    1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject.

    2. The Claimant had an account number XXXXXXXXXXXXXX ("the Account") with the Defendant which was opened on or around XX/XX/XXXX and closed on XX/XX/XXXX.

    3. On (Insert Date) the Claimant sent a Subject access requesticon, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.

    4. The Defendant has failed to comply, and only submitted 3 years of statements which were blank apart from the outstanding balance and account number. No other documentation has been received as requested in the original Subject access requesticon.

    5. The claimant is aware that the Information Commissioners Office (ICOicon) considered Barclaycard's Microfiche data storage system back in November 2006. The ICO concluded that the microfiche system used by Barclaycard is a relevant filing system for the purposes of the Data Protection Act.

    6. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage

    7. The damage caused is:

    Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be 100.

    8. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request

    9. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request.

    9. Damages and costs within the discretion of the Court.



    I believe that the contents of these particulars of claim are true


    Signed:


    Date:


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