bobtheb v Barclaycard ***WON***

[bobtheb]

:mad:Having received the two usual 'fob off' letters to my DPA request I have sent the following letter.

 

Barclaycard

PO Box 599

Manchester

M60 3NF

 

16th August 2006

 

 

 

LETTER BEFORE ACTION

 

Section 7 – Data Protection Act 1998

 

Dear Ms Lomas

 

 

 

 

Thank you for your letter dated 13/8/2006. You inform me you disagree with my legal analysis of case law, that is your right and only a judge can decide which of us is correct.

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 7/8/2006.

The disclosure of personal data is incomplete in that at least the following documents are missing.

You have failed to provide a complete list of transactions and charges for the period 1/8/2000 to 30/4/2004.

 

This is not an exhaustive list by any means; it is just an example of some of the information I am missing

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

This letter has been sent to you by first class recorded delivery and you should be in receipt of it by 17/8/2006. You have a further 23 days to comply. As previously stated a complete set of statements for the period in question will be acceptable.

 

Should there be any further attempts to delay compliance, I will be left with no alternative but to commence a County Court action under section 7, and section 15(2) of the Data Protection Act 1998, and in due course, escalate this matter into an official complaint to the Information Commissioner and the FSA.

 

 

does this look alright ?

[Glenn UK]

I too wrote back to them after getting their second fob off letter I dont think it will change thier minds.

 

However, IMHO i think it better to formally reject theit rejection fi you get my drift. That way they know you are proposing to take it to court and wontlet them use the argument that you accepted their rejection.

 

JMHO

 

Glenn

[bobtheb]

worked out an estimate using the two years they sent me,using the same monthly behaviour ,to stretch the informationtion out to 2001 ,when they assure me they started the unlawful charges.Does anyone know any different?

Sent them this estimate 12/09/06

[bobtheb]

sent LBA 27/09/06 still heard nothing from them!!

[bobtheb]

received another fob off ,will let you know by 27/10:mad:

sending MCOL 14/10

[bobtheb]

When I estimated the charges ,I used one of the old spreadsheets total £4122.77

Now I have done it onVampiress's Chambers slightly more £4503 but

Ive worked out compound interest (22.5%) for when I fill in the MCOL:)another £2546 this should be interesting !

[bobtheb]

Should I send them a new LBA for the changed amount or is the MCOL soon enough notice ?

[bobtheb]

?????????????????????

[bram stoker]

I wouldn't worry about the LBA. if you used the template wording you told ythem you'd be adding interest (you never stated which interest).

 

I think you'll find your wording won't fit on an MCOL. There's no template yet for the N1 when claiming contractual interest or compound interest. I'm hoping to deal with this shortly too. Either prepare your own, or you can wait a while.

[bobtheb]

Vampiress thanks:)

You're up late again! The wine must be good:D

[bram stoker]

I've only beer left:-(

 

Signing off now though. Goodnight.

[bobtheb]

N1 been sent today

[bobtheb]

I have also sent a complaint to the information commissioner and issued a court claim (N1) against barclaycard re their refusal to send charges information:o

[bobtheb]

Finally heard from Barclaycard re my non -compliance claim,they have offered to pay my costs( £90 ) and repeated the microfiche argument:mad:

Now what happens,I will accept the £90 but tell them I will continue with my claim for compliance:)

What is likely to happen if this goes to court??:?

[bobtheb]

Anybody had this situation,or got any thoughts?

[bobtheb]

bump

[Warms]

Hi Bob

trying to give you some moral support here - own B'card issues are on ice atm - but following what you're doing, so thought I'd let you know, and I'm sure there's loads of others reading your thread, too.

Had some Glühwein tonight so hope this still makes sense...

We'll continue with our B'card "project" when the microfiche issues have been dealt with.

I'd better shut up, hun, I'm a bit too...Zzzzzzzzz.....

 

*good luck*

[bobtheb]

Thanks Alex all support welcome:)

[bobtheb]

Hi just had my reply from the Information Commissioners Office ,three pages long and a bit confusing in places,but they say: following our visit(to Barclaycard)we concluded that the microfiche system used by Barclaycard is a relevent filing system for the purposes of the act. This means that in our view the informaton is personal data and should have been supplied as part of your S.A.R - (Subject Access Request) within 40 days and for a maximum fee of £10:D

[bobtheb]

Just started with my A/Q form and it is N150,does this mean trouble ahead?:o

[bobtheb]

N150 HELP { F Proposed directions:}:-? if i use the template for filling in section H asking for standard disclosure,is this a direction,do I need to put anything in section F

[bobtheb]

:confused:does anybody know??

[bobtheb]

Help what is a direction? Is asking for standard disclosure a direction?

Do I ask them to comply under the DPA as a direction ?

[bobtheb]

:mad:RETALIATION ???

I have just received a letter from Barclaycard:' Your UK cash advance facility has been withdrawn'

I had paid in over £8000 in the previous weeks,and had a balance of £4000 under my limit !!

[bobtheb]

A/Q filled in and handed in 7/12:)