Barclaycard v MandMs son in law

[MandM]

I did an Subject Access Request for my son in law to BC as he has been paying PPi since around 89, they sent back 6yrs of statements from his barclays additions account through normal post instead of his CC statements.

 

I wrote back and asked them why and reminded them that they had not sent the information originally requested I also informed them that as they had wasted 23dys on the wrong statements they now only had 17dys left.

 

Have had no reply from them. He does not have a problem with his account has never missed payments and has never had any charges for late payment etc. I have tried to explain to him about disputing the PPI but he is worried that if he does this he will get a bad mark.

 

He's happy to carry on paying for the card use etc, just not the PPI and he wants to question what he's paid to date. 20 yrs of PPI!!!!!

 

Any advice

 

Thanks

M

[slick132]

Hi MandM,

 

Remember that (in theory) a SAR request covers all data which a company hold about you.

 

In this case Barclays Bank PLC has sent you data about the bank a/c and then Barclays Bank PLC t/a Barclaycard will send data about the CCard a/c. They normally manage to reply to SAR's within the time allowed, or close to it.

 

You could send off a CCA request to see if the PPI was requested when the a/c was opened. If the PPI WAS requested, make sure it was appropriate and not mis-sold. Start a thread in the PPI forum to d/w this aspect if necessary.

 

I assume the Additions status of the bank a/c was known about and agreed to.

[MandM]

Hi MandM,

 

Remember that (in theory) a SAR request covers all data which a company hold about you.

 

In this case Barclays Bank PLC has sent you data about the bank a/c and then Barclays Bank PLC t/a Barclaycard will send data about the CCard a/c. They normally manage to reply to SAR's within the time allowed, or close to it.

 

You could send off a CCA request to see if the PPI was requested when the a/c was opened. If the PPI WAS requested, make sure it was appropriate and not mis-sold. Start a thread in the PPI forum to d/w this aspect if necessary.

 

I assume the Additions status of the bank a/c was known about and agreed to.

Thanks for that Slick. SAR time was up yesterday. How long is a reasonable time to give them to produce the info out of interest?

 

M

[MandM]

this is the letter received with the statements, no mention of other documents to follow

 

[slick132]

I'd allow them an extra week or so.

 

If you want to remind them that their time is up, see items 18, 19 and 20 in the Bank Templates Library.

 

If you want more data (re PPI) from BC for the period from 2003 going back, remind them that any data stored on Microfiche should also be supplied in response to your SAR.

 

See here - http://www.consumeractiongroup.co.uk/forum/barclaycard/50148-barclaycard-microfiche-they-wrong.html

[MandM]

I'd allow them an extra week or so.

 

If you want to remind them that their time is up, see items 18, 19 and 20 in the Bank Templates Library.

 

If you want more data (re PPI) from BC for the period from 2003 going back, remind them that any data stored on Microfiche should also be supplied in response to your SAR.

 

See here - http://www.consumeractiongroup.co.uk/forum/barclaycard/50148-barclaycard-microfiche-they-wrong.html

 

Thanks again Slick. Big help :D:D

[MandM]

Just a little update, have sent BC letter before action as SAR is now late and have heard nothing I wonder if they are having trouble finding the docs because the account is 20yrs old. mrs M

[MandM]

Just one other point to make, my daughter received her statements from BC today and her SAR went 2 weeks after his, although they only sent statements nothing else.

[slick132]

So at least you know they do respond ........ eventually.

 

It is common that you'll only get statements, DN's and Termination Notices.

 

If you want data beyond 6 years, you may well have to File at court for it and argue the issue about Microfiche data.

 

[MandM]

Thought i would update, feel really stupid had to send an apology letter to BC my stupid son in law gave me the wrong account number have been asking for the wrong SAR & CCA am hoping BC will feel sorry for me and give in anyway,LoL.

 

Will wait until after Xmas to really hurt him.

[slick132]

Hi MandM,

 

As your avatar would say, DOH !!

 

BC feeling sorry for you or not is irrelevant. Once you've corrected your mistake, they must respond to your requests.

 

[MandM]

Hi MandM,

 

As your avatar would say, DOH !!

 

BC feeling sorry for you or not is irrelevant. Once you've corrected your mistake, they must respond to your requests.

 

 

Big DOH!!!

 

Thanks Slick - will crack on regardless

 

Mrs M

[MandM]

Hi Everyone

 

Got mail today any ideas, son in law is worried because of the default comment as he has always paid and on time.

 

 

 

 

 

 

 

 

 

Mrs M

[MandM]

What does the comment about a copy of your present agreement being sent under separate cover mean. Will it be the original or just a blank agreement as they usually do.

 

Mrs M

[slick132]

You may get nothing further or they may send more T&C's.

 

Re defaults, if you don't pay the min payments, because they do not recognise the a/c as being in dispute, they may issue a default warning letter and/or register a default against your CRA. These are difficult to remove and the only way to avoid them is to continue to pay just now.

[MandM]

You may get nothing further or they may send more T&C's.

 

Re defaults, if you don't pay the min payments, because they do not recognise the a/c as being in dispute, they may issue a default warning letter and/or register a default against your CRA. These are difficult to remove and the only way to avoid them is to continue to pay just now.

 

hi Slick,

 

The CCA request is just a matter of squeezing them for all info. It's the PPI and charges that we're helping him chase on this particular card so continuence of payment isn't an issue. Touchy, aren't they ,

 

Will keep you posted

 

M (in the absence of Mrs M who is still mourning the demise of her beloved Liverpool FC)

[MandM]

Update, received letter yesterday thought it might be the agreement in letter on post 13 but, no it turns out to be same t&c's received with that letter. Oh well lets see what they come up with next.

 

 

Mrs M

[MandM]

By the way Mr M we are not in demise we are still in Europe unlike The Mighty Hammers

[slick132]

Hi MandM,

 

I'm just hoping that there really ARE 2 of you, and you're not having an argument with yourself about footy teams.

 

[MandM]

Hi MandM,

 

I'm just hoping that there really ARE 2 of you, and you're not having an argument with yourself about footy teams.

 

 

LOL. The last post was without doubt Mrs M. As far as i'm concerned, the ref should have blown up at the correct time in the cup final a couple of years back before steven edit gerrard kicked the ball and took it to extra time.

 

Hope that answers your question.

 

Mr M :D:D

Edited December 12, 2009 by slick132
edit to avoid offence

[MandM]

Hi evryone Mrs M here just a quick update received 6 years of statements beginning of Jan, have a big problem our computor blew up and we lost a lot of data from the harddrive have a chap trying to get it back but not holding out much hope, if I didnt know better I would think that the nasty Barclaycard team had hijacked it & tried to stop me from doing my bit. I have lost all my letters so am trying to work through what I can remember what I have sent them, Will send them a letter asking for the rest of the statements and keep you posted,

 

 

Mrs M

[slick132]

Sorry to hear this.

 

The lesson here is to always print out and keep a hard copy of every letter you send and keep it in the appropriate file.

 

This also makes it easier to read through your file when reviewing your case.

[MandM]

Had this response back from Barclaycard

 

 

I find this most annoying as my daughter has had 8 years back, I think they know that we are going for the PPI and as this account is over 12 years they are probably worried. When my son in law called to cancel the PPI he was told by the chap on the phone that he had only had it for 81/2 years,. The problem being without the other statements it is difficult to know that. What should we do now.

 

Mrs M

[slick132]

Hi MandM,

 

We have seen on other threads that the ICO is unwilling to challenge BC to show proof of, or reason for, destruction of data.

 

BC say, "We ain't got it no more" to the ICO and the ICO say to you, "BC say they ain't got it no more and we believe them, innit."

 

If we actually take it that BC actually have destroyed the data, you can understand why they'd do this to avoid further penalty charge and PPI liability.

 

[MandM]

Thanks Slick

 

Will have a go anyway and see what they say

 

Mrs M