Crippla2k vs Barclaycard ***Charges Repaid***

[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.

[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.

[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.

[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.

[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 ;-)