Crippla2k vs Barclaycard ***Charges Repaid***

[crippla2k]

SARN sent today will update everyone on how it goes!!!

[crippla2k]

quick update (for a laugh) they replied in 3 days!!! with a photocopy of terms and conditions and a letter stating they had fulfilled there obligations to me under the CCA 1974!!!

 

Sending off a non compliance letter!!

[slick132]

Just to make sure, I assume you did send the SAR requesting data under the DP Act with a £10 fee.....

 

.....and not a CCA request under CCA 1974 with a £1 fee.

 

[crippla2k]

i double checked to make sure it was the sarn with a £10

[the_shadow]

Nothing surprises me about this company... I've had envelopes that are empty or claim they are including something and nothing else sent.

 

You should complain direct to Barclaycard in the first instance and then if no joy the ICO.

 

S.

[slick132]

From what we're hearing about the ICO recently, if BC don't produce the data you require, I'd take the court route. The ICO may take months just to look at the case, let alone sort it.

 

Items 18 and 19 here - The Consumer Forums - Bank charges templates (consumer)

 

Did you right to London or Northampton. The London HO address may be the "proper" address but quicker results seem to come from Nothants.

[crippla2k]

ive replied to barclaycard informing them they are non compliant and that they still have 31 days in which to Respond (time left on the SARN)

 

As they've got the time left, felt I've got to give them the full 40 days before I start a complaint!!

 

I sent it through to there Northants office

[crippla2k]

ok ive received statements up to 2003

 

question: if i cant get my statements from when my account was started can I estimate additional damages on an average basis??

 

Has anyone been able to get statements further back than 6 years?? If so how did you do it?? I'm going to complain to the ICO anyway, and try a LBA to barclaycard, any suggestions people??

[slick132]

BC are not likely to supply data back beyond 6 years unless you get the ICO or a court to order them.

 

LBA for non-compliance re the SAR would be worth a try.

[crippla2k]

thanks slick, ive sent it to them today, we'll see what happens!!

[crippla2k]

can i make a claim on the 6 years and then if I get my older statements a further claim again??

[havinastella]

can i make a claim on the 6 years and then if I get my older statements a further claim again??

 

 

yes!

[crippla2k]

cool no need to delay then!!!

[crippla2k]

b/c have responded by saying they are only able to store data legally for 6 years due to the dpa 1988, meaning that they can only produce statements from 2003.

 

If I push it and try to get my older statements am I likely to get them?? Has anyone gone to court to get older statements?

[slick132]

Have you read this - The Consumer Forums - PollXT - We don't believe it! Please take part in the poll and help the Site nail the banks on this one.

 

they are only able to store data legally for 6 years due to the Data Protection Act 1988

Is this exactly what BC said to you. Please confirm their precise wording.

 

BC will probably be as helpful with older data as they are with producing credit agreements.

 

Maybe your best bet would be to claim your charges for the last 6 years but claim Contractual Interest which will significantly increase the claim.

 

You'll have to file at court and produce a court bundle but you should be able to negotiate a settlement with BC just before a final court hearing.

[crippla2k]

ill scan the letter in and let everyone see

[mooiismum]

B/card have sent me a letter saying they don't have to provided anything and they quite within their rights! They are now threatenting court action!

 

MM

[the_shadow]

B/card have sent me a letter saying they don't have to provided anything and they quite within their rights! They are now threatenting court action!

 

MM

 

You've not updated your thread MM

 

S.

[mooiismum]

You've not updated your thread MM

 

S.

Thanks S

I've just posted on my thread.

MM

[crippla2k]

Scanner's not working here's the letter though verbatum

 

Acct # - xxxxxxxxxxxxxxxx

Data Protection Act - Subject Access Request

 

Dear Mr c2K,

 

Thank you for your recent letter (attached) requesting information from your account

 

Unfortunately we are unable to provide this information as we are only able to store data legally for six years due in part to the Data Protection Act 1998, Meaning at the moment we can only produce statements from August 2003.

 

For reference the statements snet to you prior to May 2004 are stored on microfiche, after this date the statements are stored electronically

 

I do apologise for any inconvenience this may cause

 

Yours Sincerely

 

Marc Bush

 

Barclaycad Customer Services

[crippla2k]

im thinking i should ask them if they havent got it what have they done with it ie if it's destroyed were is the certificate of destruction??? and get them to prove iuts been disposed of?? what does anyone think?

[the_shadow]

Scanner's not working here's the letter though verbatum

 

Acct # - xxxxxxxxxxxxxxxx

Data Protection Act - Subject Access Request

 

Dear Mr c2K,

 

Thank you for your recent letter (attached) requesting information from your account

 

Unfortunately we are unable to provide this information as we are only able to store data legally for six years due in part to the Data Protection Act 1998, Meaning at the moment we can only produce statements from August 2003.

 

For reference the statements snet to you prior to May 2004 are stored on microfiche, after this date the statements are stored electronically

 

I do apologise for any inconvenience this may cause

 

Yours Sincerely

 

Marc Bush

 

Barclaycad Customer Services

 

I'm no data protection expert but i would say that should fall foul of the 5th data protection principle that data is only "held for as long as is necessary"

 

I would say the need to be able to show a brought forward balance is required and therfore necessary for a running account, a closed account may be a different matter but for an open account surely they have a duty to show every charge on that account from day 1.

 

S.

[slick132]

I'll see if the Site Team are interested in this letter, in connection with the larger DP Issues picture.

 

Did you complete the DP Poll which I linked on the last page.

 

I'll come back if we need a copy of that letter or if we need you to write back to BC with a specific response.

[crippla2k]

yes i did complete the poll, but im going to try the following letter see if I get any joy

 

Date: 12/08/2009

 

NON COMPLIANCE WITH SUBJECT ACCESS REQUEST NOTICE

 

Section 7 - Data Protection Act 1998

 

Dear Sir or Madam

 

Account number – xxxxxxxxxxxxxxxxxxxxx

 

REF: xxxxxxxxxxxxxxxxxxxxx

 

I am in receipt of your letter dated 3rd August 2009. Of which I supply a copy for your records. I would also like to thank you for the statements received from June 2003 to date.

 

You state that you are only able to store documents legally for 6 years and that documents previous to May 2004 are stored on microfiche. You have yet to offer an explanation as to where my information prior to 2003 resides. As this is critical Personal Identifiable Information I expect a response detailing what has happened to my documentation. Simply stating we are only able to store data for 6 years is insufficient.

 

 

Previously the ICO has upheld a complaint against you regarding the storage of data on microfiche, and I quote

 

“Following our visit, we concluded that the microfiche system used by Barclaycard is a relevant filing system for the purposes of the Act. This means that in our view the information is personal data and should have been supplied as part of your SAR within 40 days and for a maximum fee of £10. As a result, it is our view that it is likely Barclaycard has contravened the sixth data protection principle, as this requires data controllers to process personal data in accordance with data subjects' rights

………………………………

In addition, section 13 of the Act gives individuals the right to claim compensation if they have suffered damage as a result of a contravention of the Act.”

 

Therefore I ask again for my statements dated from when my account was opened to May 2003. Should this information not be available I request specific information as to what has happened to it.

 

I request that you respond in 7 days by the 19th August 2009 and as you can see I’m also well within my rights to seek compensation should you not supply the information.

 

Yours faithfully,

 

 

c2K

Edited August 12, 2009 by crippla2k
spelling mistake

[crippla2k]

I'm no data protection expert but i would say that should fall foul of the 5th data protection principle that data is only "held for as long as is necessary"

 

I would say the need to be able to show a brought forward balance is required and therfore necessary for a running account, a closed account may be a different matter but for an open account surely they have a duty to show every charge on that account from day 1.

 

S.

 

Shadow are you saying I should go back and ask for a schedule of charges from 98-03??