Crippla2k vs Barclaycard ***Charges Repaid***

[the_shadow]

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

 

Not sure to be honest...prob better to wait to see if slick comes back with something from site team.

 

I would say that not having itemised accounts would put them in foul of money laundering regs as well as data protection and possibly the banking code with the need to keep accurate account data.

 

They must have something even if its just a list of amounts in columns surely?

 

S.

[slick132]

Hi Crippla,

 

No word yet from the site team so please hold off from replying just now.

 

Unless they come back with specifics, I'd rejig the letter slightly and add a demand for details of why the data has been destroyed on on whose authority.

 

Thanks for your patience.

[crippla2k]

k no probs happy to hold off

[slick132]

Hi Crippla, No word back form the team so can I suggest this, or similar:-

Date: 14/08/2009

 

Dear Sir or Madam,

Section 7 - Data Protection Act 1998

NON COMPLIANCE WITH SUBJECT ACCESS REQUEST NOTICE

Account number – xxxxxxxxxxxxxxxxxxxxx

REF: xxxxxxxxxxxxxxxxxxxxx

 

Thank you for your letter dated 3rd August 2009 enclosing account statements from June 2003 to date. I consider your response to be inadequate in at least two respects, namely:-

1. You have failed to provide a copy of the credit agreement which you are required to do.

2. You state that you are only able to store documents legally for 6 years due in part to the Data Protection Act 1998. As I am unaware of any such legislation, would you please confirm what Law or Regulation stops you holding my data longer.

Therefore I ask again that you now provide all data, as required by the Data Protection Act, including account data or statements from when my account was opened to May 2003.

Should this information not be available, you must provide specific information as to what has happened to it.

In particular, I require the reason that any data has been destroyed, the name and position of the person who authorised its' destruction and the reason this was done.

 

Previously the Information Commissioners Office 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 Subject Access Request 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.”

I require your response within 14 days and, if this is not forthcoming, complaints will be made to relevant regulatory bodies. Additionally, I will start court proceedings to obtain this information without further warning.

Yours faithfully,

[the_shadow]

Good letter slick.

 

Some more things to chuck at them if you want Crippla2k.. Taken from a letter by Rory or it could be PT2537?

 

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 Credit Card 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. “

 

S.

Edited August 14, 2009 by the_shadow
corrected author as advised by Car & Citzb ;-)

[crippla2k]

brilliant thanks guys, shadow ill build in what you said into slicks email and send it off tomorrow!!!

[crippla2k]

Barclays have just paid £1,170.35 into my barclaycard account!! Looks like I've won the 1st part of the battle!!

 

But I only have a £400 limit!!! How do i get the rest!!!

 

ok time to send the data protection act letter off and see if i can get the 1st 5 years of my statements!!!

Edited August 14, 2009 by crippla2k
forgot to put the last sentence in!!!

[crippla2k]

its ok they're transferring it into my account!!!

[crippla2k]

WA HEY VICTORY!!! My first one!!! Donation on its way!!!

[slick132]

YEEEEHAAAA !!

 

Congratulations on your win and thanks for the Site donation.

 

Thread title changed to reflect your win. You may want to start a new thread to cover "The Early Years".

 

You say you're now going to try and get the 1st 5 years' statements from BC. What years exactly will this cover.

[crippla2k]

thanks guys!! Nevr thought it would have been possible probably wouldnt have been without stumbling on to this site by accident

 

trying to get statements from dec 1997-june 2003!!

[slick132]

So have you sent the letter yet re o/s SAR data from post #29 above.

 

If so, on what date.

[slick132]

Ahaa,

 

Just seen your NEW thread - answer on that.