This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 2019-03-08. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Wow it was the end of April since I last updated this thread, its been a busy 6 months, with the stress and depression a dissertation brings, finished uni with a 2.1, have moved house twice since as my partner got a decent job for which we've relocated 250 miles away, left my job as a result and have been unemployed for 2 months, but things are looking up I've got a job to start in 3 weeks, Been occasionally lurking here and very slowly plodding through the steps and have just eventually filed a claim on Money Claim against Barclaycard. So that has brought my situation right up to date heres a summary of whats been going on inbetween. After the initial DPA and SAR farce I decided to claim based on the statements I had which go back to mid 2002, when my account unfortunately was conducted much better. With all the information BC provided and what I had kept myself there was only 1 statement missing for which I thought there was a late payment charge pre May 04, so a quick call to Barclaycard to request this 1 copy statement, the lady said that will be £3, I said thats fine, and then she realised as the account had been closed she could not charge the £3, even onto an alternative debit card, she agreed though to waive the fee, and within a couple of days I had the copy statement, a real poor microfiche photocopy - at least there is some truth from BC as I seriously doubted the use of Microfiche post 1986, lol. Mid August Prelimanary letter sent Standard "were sorry your not happy" reply recieved, have a read of our customer service leaflet and we'll aim to resolve matters and contact you within 4 weeks. Mid September 1st Letter Before Action sent Replied with; Part settlement offer of the difference between the charges and OFT £12 reccomendation, they credited £32 to my CLOSED Barclaycard account and sent me a statement telling me I'm in credit. Someone wasn't too good with their sumds that day as the offer was only the difference of half the charges. Mid October Settlement rejection sent, said I would take their offer as part settlement but would need the money as a cheque as I dont have access to the closed acoount as I have no card, and also reminded them that I would start a court claim after a further 14 days. Today Moneyclaim filed So its taken a while to get this far, and its only for a couple of hundred pounds but I want it back!

Hi, I'd be in on this aswell, 40 days elaspsed about a month ago, just been real busy with uni, and moving house, back tot he fight against Barclaycard now.

Just an update to let you guys know I'm still alive! My dissertation is in this Friday and so has been ruling my life recently, then its back to fighting Barclaycard, the DPA 40 days passed for me today aswell. Will update after the weekend when the hangover has cleared, lol

Cheers for the replies, I'll get onto it by the end of the week, got a dissertation in this week so have got quite a bit on!

After receiving the initial DPA microfiche fob off, I forwarded another letter as per my other thread http://www.consumeractiongroup.co.uk/forum/showthread.php?t=4431 Now had a very long and personal reply, Dear Mr Kruger Subject Access Request With regard to your request that we provide a computer printout of your transaction on your account from the period 25 March to date we are unable to provide the information requested. Our computer systems do not permit us to print such historic data. Neither do our systems allow us to search for and identify individual charges applied to an account. It is therefore not possible to provide you with a printout of such charges. I would also add that Barclaycard did not introduce default charges on its account until mid 2001. the print out that has been provided to you (they must mean statements back to May 2004 as there is nothing else enclosed) contains the information that we currently have recorded relating to charges on your account. As I explained in my letter dated x April, copy statements held prior to may are stored on microfiche. These statements are therefore not retained in a relelvant filing system and therefore do not fall within the class of documents required to be produced pursuant to a subject access request. Your reference to the case of Smith-v-Lloyds Bank PLC (2005) EWHC 246 (Ch) is puzzling in this regard as that case fully supports Barclaycard’s position. In that case Mr Smith made a subject access request to Lloyds. Lloyds did not disclose all the documents that it held as it took the position that a number of documents held loosely in boxes were not contained in a relevant filing system and therefore were not required to be produced. Mr Justice Laddie agreed with Lloyds and dismissed the court application of Mr Smith to have the documents produced. As with a box of documents the copy statements held by Barclaycard on microfiche are not held in a relevant filing system. You also state that other customers have been provided with computer printouts of transaction information covering “this period”, which I understand to be the period prior to May 2004. As Barclaycard do not hold transaction information prior to May 2004 on computer I do not understand what you are referring to in this regard. Accordingly we are unable to disclose any further statement documentation to you pursuant to your request under the Data Protection Act. As previously advised you may contact the Customer Services team for copy statements. There is a standard charge of £3 per copy statement. Barclaycard is not attempting to obstruct you are delay you. We are however ensuring that all subject access requests made to Barclaycard are dealt with in the same way, whether or not they relate to default fees, so all requests are processed fairly and properly. Barclaycard have made it clear to customers for many years that copy statements held on microfiche are not required to be produced pursuant to a subject access request. Please do not hesitate to contact me if you wish to discuss the issues further Yours sincerely S Walker Head of Data Protection and Legal Counsel Data Protection Team Legal and Regulatory Compliance Need some help on a plan of action form here on. Cheers

I was going to add something similar into the letter just to cover that aspect but left it out as the 40 days is ticking away reardless, but after they received mt second letter they cashed the original cheque, not sure if it was just a coincindence though from the initial dpa request, looks like they are going to drag this out for a while now so I'm not expecting anything until the middle of May

Just to update, I'm looking forward to the post now as Barclaycard have cashed my DPA cheque today, hopefully the full list of charges is on its way.

Top post edited to include full details.

Righty, getting on with claiming back some Krugerrands!, slightly modified the additional DPA request letter in response to the Barclaycard microfiche blag, as below, will be going in the post on Tuesday, look okay? Simon Walker Head of Data Protection Data Protection Team Legal and Regulatory Compliance Dept LRC Barclaycard 1234 Pavillion Drive Northampton NN4 7SG 18/4/06 Data Protection Act disclosure request Dear Simon Walker Re: Account Number: 4xxx xxxx xxxx xxxx I am in receipt of your letter dated 12 April 2006, outlining that you could only provide me with statements covering transactions onwards from May 2004, because any earlier information has been archived onto microfiche. (*I also acknowledge receipt of the information you forwarded.) My request was for a complete list of transactions and charges relating to my account since April 2000 – in short, a list of charges with dates and amounts – alternatively, a complete set of account statements for that period will be acceptable. This should be retrievable from your accounting systems, and easy for you to produce. I will accept a computer print out of these transactions. I am aware that you have been willing and able to provide other customers with a print-out of transaction information covering this period – and am ready to bring this to the attention of the Information Commissioner should it prove necessary. I would also draw your attention to Smith v Lloyds TSB Bank plc (2005) EWHC 246 (Ch). This letter has been sent by first class recorded delivery, and therefore should have reached you by 19/04/06 – as you will be aware, as of this date you have just 26 days in which to comply with my request. As stated above, a complete set of account statements for the period in question will be acceptable; however, I expect this to be provided within the initial 40 day time period for DPA compliance.(Initial DPA request submitted 5/4/06.) Should there be any further attempts to delay compliance, I will be left with no alternative but to escalate this matter into an official complaint to the Information Commissioner and/or the County Court under s.7 and/or s.13 Data Protection Act Yours faithfully, Kruger x

Hi guys, first post, nice site and once the money comes in they'll be contribution going in for books/hosting/coffee whatever! Well I've got the ball rolling by sending off the DPA request with £10 for Barclaycard statements, I only have copies going back to mid 2002, sent the first letter on 4th April and received a response yesterday 13 april with statements back to May 2004 and the microfiche standard fob off letter, and also an invitation to buy the rest of the statements at £3 each. Its cleverly worded to just state the statements before then are not held on a computing system or a structured relevant filing system and as such are not covered under the DPA, its a shame the charges are covered, so I'll now be asking for a list of those. I've calculated that theres at least £160 of late payment charges, most were just 1 day late, I just know theres going to be more, next letter will be on its way this week requesting 'the requested' information. Just wanted my own thread here to show progress.