Barclaycard v MandMs son in law

[MandM]

Have put together this reply does it look ok or do I need to change

 

 

Thank you for your letter.doc

[slick132]

I think that will do, apart from the typo's.

 

[MandM]

I think that will do, apart from the typo's.

 

 

ty

[MandM]

Still no reply from Barclays about the rest of the statements. The deadline was today.

 

My son in law does not want to stop paying his card so not sure if I can still do an account in dispute or should I just do a letter to the FOS and complain.

 

Mrs M

[slick132]

Give them a few day's grace and, if still no reply, send a complaint to the ICO.

 

[MandM]

Thank you Slick.

 

Mrs M

[MandM]

Update.

 

Received this letter today from Barc/card.

 

 

Not sure what she is getting at.

 

The only stuff we have had so far is 6 years of statements and the long pages of data that no one understands.

 

There were no copies of any correspondence and no call logs, but on a lighter note hopefully we will now be getting the rest of the statements so we can crack on with the PPI claim.

 

Will keep you posted.

 

 

Mrs M

[DoomPriestKano]

Seems a bit wierd to me, a SAR means they have to produce all information, in any form they currently have, so leaving out those statements is surely a breach of the SAR?

 

She may well mean they are re-sending out the documents, but if thats what she means she hasn't worded it particually well.

[slick132]

A SAR response only has to supply the data they hold.

 

It doesn't HAVE to be in a specific format, eg statements.

 

However, it must be intelligible to the recipient as a lay-person.

 

[MandM]

Thanks Doom & Slick.

 

Mrs M

[WebMaster]

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.

 

 

My thread is one of those. I finally got an additional 2 years worth of statements from microfiche (so 8 years in total), but only when I filed a court claim for non-compliance ... and after they'd told me a couple of times that they didn't have the information

[beachcomber60]

My thread is one of those. I finally got an additional 2 years worth of statements from microfiche (so 8 years in total), but only when I filed a court claim for non-compliance ... and after they'd told me a couple of times that they didn't have the information

 

Me too,

 

All the time they were 'investigating' my ppi complaint they took the stance of 'we are only obliged to supply six years statements.

 

However after admitting my ppi was mus sold & the FOS upheld the complaint (BC wouldnt make a full refund), I had another crack at getting the statements to which BC replied 'oops we've destroyed it'.

 

ICO said what Slick has posted, wasted almost 12 months for them to deal with my complaint.

 

Just filed a court claim in a final attempt to get the statements.

 

Beachy

[MandM]

My thread is one of those. I finally got an additional 2 years worth of statements from microfiche (so 8 years in total), but only when I filed a court claim for non-compliance ... and after they'd told me a couple of times that they didn't have the information

 

Me too,

 

All the time they were 'investigating' my ppi complaint they took the stance of 'we are only obliged to supply six years statements.

 

However after admitting my ppi was mus sold & the FOS upheld the complaint (BC wouldnt make a full refund), I had another crack at getting the statements to which BC replied 'oops we've destroyed it'.

 

ICO said what Slick has posted, wasted almost 12 months for them to deal with my complaint.

 

Just filed a court claim in a final attempt to get the statements.

 

Beachy

 

Thank you for that. Will give it one last go as I'm treading softly with this one as Acc is not in dispute.

 

>>>>>>BC and Webmaster - do you have a link to your threads as it looks like I may be doing the same

 

Mrs M

[slick132]

Webmasters is here - http://www.consumeractiongroup.co.uk/forum/barclaycard/206050-webby-barclaycard.html

 

And Beachy's is here - http://www.consumeractiongroup.co.uk/forum/barclaycard/237194-icos-response-statements-older.html

 

[MandM]

Thanks Slick.

 

 

Mrs M

[MandM]

Hi.

 

Am getting really fed up with them now. I gave them 16 more days and they are still ignoring it.

 

Have done a letter can someone have a look and advise.

 

 

*********************************************************

Letter Before Action

 

Dear Madam

 

Reference Account : ****** **** ****

 

 

 

Thank you for your letter 8/3/10.

 

I would like to point out that a full SAR was not supplied to me.

 

As stated in my letter 20/2/10 there was no comms log.

 

As I remember a conversation with someone at your telephone banking department last year concerning the PPI on my account I am assuming that this conversation would have been logged.

 

There was nothing in the data referring to the PPI I had on my account or when it was requested for the account.

 

I am still awaiting the rest of my statements.

 

It has now been another 16 days and I feel that I have given you ample time to come up with the request.

 

I am now giving you 7days to fulfil your obligation to me under the Subject Access Request or I will be forced to put the account into dispute and ask the courts to intervene.

 

 

 

Yours Faithfully

*********************************************************

 

Is this too much or am I not saying enough.

 

Thanks

 

Mrs M

[rebel11]

Personally I wouldn't highlight what your actually looking for data wise, I would just stress that the 'comms log' is missing. Once you tell them what your looking for it starts to disappear. Sometimes you need to be cunning.

[slick132]

You can also mention that you will complain to the ICO and may issue court proceedings to ensure that they comply with the obligations imposed upon them by the Data Protection Act.

 

[LB145]

Hi M&M

 

I complained to FOS that BC had not sent a CCA only a typed agreement - the FOS adjudicator as written to me confirming that BC do not have a copy - I have not heard from them for months (usually I tempt fate and a letter drops) - Sitting back and waiting!

[MandM]

Thanks Slick, Rebel & LB.

 

All comments noted and digested will reword the letter.

 

He has only ever had the copy Agreement that has no details on it. When we asked Barclays for a signed agreement they came back and said they did not have to supply it.

 

Not sure if we should have argued that.

 

Mrs M

[LB145]

In case any information on my thread is helpful, the FOS confirmed that BC do not have a copy of the CCA although they do not think I should withold payment - well until BC prove otherwide that's the way it will be, I had great advice from Vint and Slick plus others (incase I missed anyone important out!)- here's the link

 

Barclaycard CCA - advice on next move please

 

I also checked my credit file and BC and it shows there has been about 8+ missed payments

[MandM]

Thanks LB.

 

My son in law has never missed a payment on this card in 12 years, and has only ever had 1 referral which they paid him back, so they don't have a problem with him which makes me think they must know that he is looking at claiming back the PPI he was miss sold.

 

I am of the mind now that maybe I should just complain to the ICO.

 

I will let them know that I am putting in a complaint and I might even drop in the fact that he has always kept up his payments etc and as such what is their problem on giving him his agreement and his SAR documents.

 

Mrs M

[MandM]

Hi, have reworded the letter how does it look.

 

 

********************************************************

Letter Before Action

 

 

Dear Madam

 

 

Reference Account :*****************

 

 

 

Thank you for your letter 8/3/10.

 

I would like to point out that a full SAR was not supplied to me.

 

As stated in my letter 20/2/10 the comms log was missing

 

As I remember a number of conversations with someone at your telephone banking department last year concerning my account I am assuming that these conversation would have been logged.

 

I am still awaiting the rest of my statements.

 

I would also like a copy of my signed agreement as requested by me in December 09.

 

The copy you sent me was not a copy of the agreement that I signed, and the T&C’s were not the T&C’s for the original agreement I took out with your company.

 

It has now been another 16 days and I feel that I have given you ample time to come up with the request.

 

I am now giving you 7 days to fulfil your obligation to me under the Subject Access Request or I will put the account into dispute.

 

Further more I will be putting a complaint into the Information Commissioner`s Office and may issue court proceedings to ensure that you comply with the obligations imposed upon you by the Data Protection Act.

 

I would also like to point out that I have always maintained my account in accordance with your terms, I have never defaulted on my payments and as such I will inform the Information Commissioner’s Office of this.

 

*********************************************************

 

Thanks

 

Mrs M

[slick132]

Looks fine to me.

 

[MandM]

Thanks Slick.

 

Will send it off today.

 

 

Mrs M