Crippla2k vs Barclaycard ***Charges Repaid***

[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.

 

[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.

[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.

[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.

[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.

[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.

[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,

[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.

[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.