The Microfiche Scam

[ayrforce1]

Received the microfiche reply to my DPA request letter. Is there any breakthrough on this front and is there anything that can be done apart from the £3 statement that they then seem to be able to produce, surely contradictory as this must be data.

[mechs]

Take a look here

[ayrforce1]

I have just had a reply from Barclaycard having sent them the letter refering to the Smith v Lloyd`s bank case.

According to Barclaycard this case fully supports their position.

Also I have been thinking of trying to claim for the charges that I know of stating that this is a claim only for the dates supplied and not final.

Should I proceed or is there another course of action.

[viktoriaujj]

Hello,

 

I just got a letter like that from barclaycard! got the template above but does anyone know what's the Regulatory Compliance address fro Barclaycard??

Please help!!

thanks

[Glenn UK]

If you are worried about Barclaycards view that the case supports their position then you need to refer to the case directly.

 

It supoprts the view that unstructured bundles of papers areno part of a relvant filing system.

 

However, it doesnt refer specifically refer to michrofiche, but in my veiw paras 11 and 13 give an insight into why microfiche systems may well be a relevant filing system.

 

IMHO

 

Barclaycard are bluffing and you should proceed on the basis that they are.

 

This is all just my humble untrainend opinion and it would be useful if any of the mods can add or correct anything said by me.

 

Glenn

[kieron1810]

I Have Tried 3 Times To Get Barclaycard To Release The Statement But To No Avail.

I Have Informed The Ico As Each Letter States That Barclaycard Will Take No Further Actions.

 

Don't Know Whether To Claim An Estimated Amount Or Just To Claim From 1/5/4 To Present Date And Go Back Later And Claim Again When I Can Afford To Request The Statements.

[Glenn UK]

I have not heard of a bank arguing the toss over the SAr and that they are claiming the stated case supports thier view.

 

Why not pm a link to this thread tro a mod and ask them to have a look.

 

it may be that there is something differnet about your case or it may be that the bank are chanig tack and that the template needs to be revised.

 

Glenn

 

PS we got statements using the SAR from barclaycard yesterday so am surprised you are having problems.

[concernedfromkent]

I'm having problems too. See my thread "Please Help! Problems with DPA"

[Amanda1011]

shall i just pay the £3.00 per statement then claim it back of them? I am convinced my charges pre 04 will amount to a fair bit and i dont really want them to just get away with two years worth of my money!

 

any advice much apreciated.

[roydosan]

You can claim the £3 back when you initiate the court claim. It seems like Barclaycard are not going to back down over this so it might be the only way forward.

[Glenn UK]

FWIW i think it depends on your view over this if you wish to force them to reveal the data, and inmy view you should, then take them to court.

 

Reporting them to the ICO may beuseful but from waht i can see its not a lot of use.

 

Taking them to court will force them to revela the data.

 

FWIW if the ICO come down on Abbey nationals side, then this wold make any route more difficult and therefore we would have to challenge them on it.

 

Its difficult to see how they could, but we should consider that its possible.

 

Incidentally even if the ICO do side with the banks it doesnt mean a court will.

 

JMHO

 

Glenn

[gunn0r]

If you were to send them an LBA with 'estimated' charges on your account, would they send you the data does anyone know? I am hoping that I would be able to do this, and they would hopefully come back with the information to prove me wrong....

[Glenn UK]

If you were to send them an LBA with 'estimated' charges on your account, would they send you the data does anyone know? I am hoping that I would be able to do this, and they would hopefully come back with the information to prove me wrong....

 

I dont believe they have to, but if they want to disprove your estimated claim then they have to provide data in their defence and as i understand it they have to send you any documents they wish to use in their defence.

 

So i think one way or another you will get the data, its the timeframe and how difficult it could make it to claim from them.

 

JMHO

 

Glenn