This topic was closed on 03/07/19. 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 03/07/19. 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

After recieving money back from First Direct a month or so ago, they added another charge to my account. Again I sent a letter to them asking for a refund. The reply stated that they are closing my account on 5th July 2006 and all overdrafts must be paid by then! (About £1000) Well, i guess that is the end of that!!!

was only £140 as I have only been with them about a year. I hope u are sucessful! Ant

Well, first direct actually paid up almost immediatly after the first letter. The only delays were royal mails fault. I got the usual letter of 'you are wrong' etc but it would cost too much to fight me etc... have ur money back! I now have that money back in my account! Thank you everyone, and I will keep you posted on the Barclaycard fiasco. Ant

Many thanks for your concern. The form does state that it is my full and final settlement. I was a bit cautious of this, so have ammended the form to say that it is settlement in this case only and does not affect future cases. Its now up to them whether they decide to accept it. Thank you! Ant x

I would first like to note, please ignore my recent posts about first direct not getting back to me, and my having written the wrong letter. They actually replied a day later (30.March) but our dear old royal mail only managed to deliver the letter today (24.April) even though the post mark is March 31st! The letter seems to be fairly standard, with the usual, 'We are right' theme, HOWEVER, due to the costs they would incur, blah de blah, I am allowed a refund in full if i sign and send back the attatched form. I will add a note that this does not stop me in anyway claiming in the future of any further charges. Thank you to everyone, and I will keep you updated on reciept of my money, and also my claims with Barclaycard. Ant

Actually, now I have managed to get the last 2 years via DPA there is only about 1 years left remaining, bringing the cost down to around £30 i think. It may be worth paying up and possibly reclaiming it.

i have had a look through and have seen that some people have got them just by sending off the DPA letter, I dont see why I'm different! lol

My first DPA letter was the one from the library, starting: Please supply me with a complete list of transactions and charges relating to my bank account since it was opened. Alternatively a complete set of bank statements for that period will be acceptable. I have only had the account for about 3 years. I then recieved the standard reply including: I am obliged to advise only copy statements covering a maximum period from June 2004 to date will be provided.....statements are stored on Microfiche and do not fall within the subject access proivisions. I then replied with my cheque stating (as advised in the FAQ's): I am confused as to why the content of the statements prior to June 2004 are not covered by the Data Protection Act. As I understand it, provided the information in question can be linked to an identifiable individual the following are examples of personal data: + information about the medical history of an individual; + an individual's salary details; + information concerning an individual’s tax liabilities; + information comprising an individual’s bank statements; and + information about individual’s spending preferences I would like to draw your attention to the case of Durant v Financial Services Authority [2003] where Lord Justices Auld, Mummery and Buxton ruled that Bank Statement information, though not the statements themselves, is personal information and thus covered under the Data Protection Act. I then got the reply: A computerised method of stored was intorduced during May2004 with records prior to this time remaining stored by chronological order on microfilm. In Durant Vs FSA it was clearly established that manually stored records did not fall within the DP regime unless such records are stored in a very highly structured filing system.....in regard to your comment that we must provide copies of your statement that under the DPA we must provide copies of documents on microfiche the Bank is not able to comply with this demand. He then goes on to say that this was enforced with the Durant vs FSA and only documents (when manual) which are stored in a system 'broadly equivilent to computerised systems in providing readily accessibility to the relevant information......Moreover, the effort and time involved to obtain copies of the statements for the period requested would in any event be dispropotionate under the DPA Any ideas?

I have contacted the ICO and they are saying Barclaycard are right in saying that I cant get it via the DPA. I also recieved a letter with all the information explaining why and they seem to be right :s

So just file a claim with the courts and see what happens? >PS ST24's r nice cars!

Hi, I had a thread a couple of weeks ago stating that I messed up and sent First Direct a Letter Before Action instead of a preliminary request letter. At the time, many helpful people contacted me, saying to wait and see what happened and then come back for help. It has now been well over the 14 day period and havn't heard a thing from them. My current line of thought is to send out the prelim letter (recorded) and appologise for the previous letter, stating that it was sent in error. Any ideas? Thanks to you all. Ant MOD NOTE: THREADS MERGED TO MAKE IT EASIER TO FOLLOW CASE

Hi all, After my initial letter to barclaycard with a DPA request, i was sent a letter saying that I could only have statements from June 2004 (strange 6 months!!!) and that I had forgotten to enclose my cheque. They said they would give me my statements if i forwarded on the cheque. I replied (with a cheque) stating that I didnt think it was fair that the others were not covered by the DPA and refered them to the durant case. After that I recieved a shi**t letter back from the DPA manager, (Peter Townsend) which quashed the Durant vs FSA case and said they would send the statements from June 2004. I have now recieved my statements from June 2004 and THEY RETURNED MY CHEQUE!!! after all that fuss! I have calculated a mere £80 on those statements as they do not cover my time at Uni, but I may just put in a claim for that, as I cant afford to get the other statements at the moment. Thanks for your support and I will keep you updated. Sorry to Dave for the spelling mistakes but im in a rush. lol Will keep you updated.

Having re-read the FAQ's (sorry dave!!!) I have noticed the section if they refuse the statements. I have now sent a letter to Sharon Caffery at Barclays DPA dept including the following: I am confused as to why the content of the statements prior to June 2004 are not covered by the Data Protection Act. As I understand it, provided the information in question can be linked to an identifiable individual the following are examples of personal data: + information about the medical history of an individual; + an individual's salary details; + information concerning an individual’s tax liabilities; + information comprising an individual’s bank statements; and + information about individual’s spending preferences I would like to draw your attention to the case of Durant v Financial Services Authority [2003] where Lord Justices Auld, Mummery and Buxton ruled that Bank Statement information, though not the statements themselves, is personal information and thus covered under the Data Protection Act.

Unfortunatly it looks like they are right. It seems strange because I sent exactly the same letter to Barclays and they replied saying they would forward all statements free of charge. I dont understand why Barlaycard are not the same.

I used that and the reply was they will provide from June 2004 and no earlier due to the microfiche situation.

In reference to statements not being covered by DPA, I contacted the Information Commissioners Office Helpline and they did state that the DPA cannot overrule the banks charges for statements ""in anyway shape or form""

Looks like there is nothing I can do. Have contacted the ICO helpline, who stated that the DPA cannot in ""anyway, shape or form counteract bank charges for statements"". Now I need to think whether it is worth it to me to pay up for the statements.

Another update: According to the DPA, if the microfiches are indexed by a computer they ARE a relevant filing system. I cant honestly imagine they hand write every single statements location! Things are looking up!

Its looking like they are right I am currently trudging through the DPA and it seems to be in their favour. I tried to catch them out by phoning up to ask about information about a transaction that occured on my account nearly a year ago, hoping they would give me the information and I could prove they have it on their systems, but was told that they only keep 6 months on their system. Il keep going through the DPA, if anyone has any further ideas please let me know. Not finding any information as to how to get around the microfiche on the forums.

The letter I sent is below, I am just worried that I should have requested the money unofficially before sending a letter before action? LETTER BEFORE ACTION Dear Sir/Madam, ACCOUNT NUMBER: xxxxxxxx I now understand that the regime of 'fees' which you have been applying to my account in relation to exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. I would draw your attention to the terms of the contract, which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner, which complies with UK law. I use First Direct for all my banking and have recommended you to many people. I have always found your customer services department very helpful with all my problems and queries. I hope I will not be disappointed this time. I calculate that you have taken £140 in charges during my time with you. I am requesting repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

I have just been browsing around and it suddenly dawned on me, I sent a Letter Before Action to First Direct, before I sent anything else. I think I should have sent a preliminary letter first. They are the only bank who have not yet got back to me. Have i messed it up?! Ant

My experience with Barclays so far, in relation to getting hold of the statements is very good. I actually forgot to put the cheque in and they said they would send them for free! Good luck! I add that it not as easy with BARCLAYCARD!!!!

Hi I have just recieved my first letter back from Barlcaycard. Being an idiot I forgot to enclose the £10 DPA cheque, so a slight delay on that front. However, like other they are claiming, QUOTE: "...I am obliged to advise only copy statements covering a maximum period from June 2004 to date will be provided. Prior to this time, statements are manually stored on microfiche and do not fall within data subject access provisions." Anyone know what I can do about this and what wording to use? Many thanks!