My start with Barclaycard! £90 for statements?!

[anttreas]

Hi all,

Thanks to Martin Lewis I have found out that I can claim back my charges!

I am going to start with Barclaycard.

When I phoned them originally the told me it would cost me £90+ for my statements.

With thanks to you all I am now going to try and get them with a DPA letter.

Will keep you posted!

[Bookworm]

Good stuff. Welcome. Don't forget to enclose a cheque for £10 and let them know that you know it can't be more than that.

[anttreas]

I have read on other threads that they are claiming they dont have to supply more than 6 months due to the method of storage. Am I right in thinking this is a breach of the DPA?

[alanfromderby]

You are correct, it is a clear breach.

[dave]

Nothing else for it:

 

http://www.ico.gov.uk/documentUploads/DPA%20Complaint%20Form%20.pdf

[anttreas]

Ink now in printer. Letters posted.

Will let you know of the reply!

[anttreas]

I am as yet unsure how much in charges I have had with Barclays.

I have had an account with them now for about 8 years, including my time as a student so they may be high!

Have sent off my DPA letter and will keep you posted.

 

 

 

3rd April: UPDATED

As with Barclaycard, I also forgot to put the cheque in the envelope with my DPA letter to Barclays.

However () they have informed me that they will send me all of my statments free of charge!

Again, they are asking what I mean by manual intervention, and are offering all 'subject data' if I forward on a cheque.

As far as Im concerned I think all i need are my statements, so I will leave it at that for now.

(Unfortunatly not so lucky with Barclaycard. They are demanding the £10 and other probs, see other thread.)

 

Thank you all!

Ant

 

PLEASE KEEP TO ONE THREAD PER INSTITUTION, OR IT MAKES THINGS TOO HARD TO FOLLOW. THANKS

[Janet-M]

Welcome and good luck with your claim

[anttreas]

Hi

I have just recieved my first letter back from Barlcaycard.

Being an idiot I forgot to enclose the £10 DPA cheque, so a slight delay on that front.

However, like other they are claiming, QUOTE:

 

"...I am obliged to advise only copy statements covering a maximum period from June 2004 to date will be provided. Prior to this time, statements are manually stored on microfiche and do not fall within data subject access provisions."

 

Anyone know what I can do about this and what wording to use?

 

Many thanks!

[Bookworm]

Do a search for "microfiche". It has been discussed before at length.

[anttreas]

Its looking like they are right

I am currently trudging through the DPA and it seems to be in their favour.

I tried to catch them out by phoning up to ask about information about a transaction that occured on my account nearly a year ago, hoping they would give me the information and I could prove they have it on their systems, but was told that they only keep 6 months on their system.

Il keep going through the DPA, if anyone has any further ideas please let me know.

Not finding any information as to how to get around the microfiche on the forums.

[anttreas]

Another update:

According to the DPA, if the microfiches are indexed by a computer they ARE a relevant filing system.

I cant honestly imagine they hand write every single statements location!

Things are looking up!

[anttreas]

Looks like there is nothing I can do.

Have contacted the ICO helpline, who stated that the DPA cannot in ""anyway, shape or form counteract bank charges for statements"".

Now I need to think whether it is worth it to me to pay up for the statements.

[maforduk]

Use the Standard letter in the Library section. I had 6 years off data sent in the post to me.

[anttreas]

Use the Standard letter in the Library section. I had 6 years off data sent in the post to me.

 

I used that and the reply was they will provide from June 2004 and no earlier due to the microfiche situation.

[angelstar]

I rang customer services and they sent statements going back to 2002 and took the money directly from my bank account, they must be a way round this or are they just been awkard.

[anttreas]

I rang customer services and they sent statements going back to 2002 and took the money directly from my bank account, they must be a way round this or are they just been awkard.

 

Unfortunatly it looks like they are right. It seems strange because I sent exactly the same letter to Barclays and they replied saying they would forward all statements free of charge. I dont understand why Barlaycard are not the same.

[anttreas]

Having re-read the FAQ's (sorry dave!!!) I have noticed the section if they refuse the statements.

I have now sent a letter to Sharon Caffery at Barclays DPA dept including the following:

 

 

I am confused as to why the content of the statements prior to June 2004 are not covered by the Data Protection Act. As I understand it, provided the information in question can be linked to an identifiable individual the following are examples of personal data:

 

+ information about the medical history of an individual;

+ an individual's salary details;

+ information concerning an individual’s tax liabilities;

+ information comprising an individual’s bank statements; and

+ information about individual’s spending preferences

I would like to draw your attention to the case of Durant v Financial Services Authority [2003] where Lord Justices Auld, Mummery and Buxton ruled that Bank Statement information, though not the statements themselves, is personal information and thus covered under the Data Protection Act.

[angelstar]

Fingers crossed, hope you get a response now, let us know how you get on.

[anttreas]

Hi all,

After my initial letter to barclaycard with a DPA request, i was sent a letter saying that I could only have statements from June 2004 (strange 6 months!!!) and that I had forgotten to enclose my cheque. They said they would give me my statements if i forwarded on the cheque.

I replied (with a cheque) stating that I didnt think it was fair that the others were not covered by the DPA and refered them to the durant case.

After that I recieved a shi**t letter back from the DPA manager, (Peter Townsend) which quashed the Durant vs FSA case and said they would send the statements from June 2004.

I have now recieved my statements from June 2004 and THEY RETURNED MY CHEQUE!!! after all that fuss!

I have calculated a mere £80 on those statements as they do not cover my time at Uni, but I may just put in a claim for that, as I cant afford to get the other statements at the moment.

 

Thanks for your support and I will keep you updated.

Sorry to Dave for the spelling mistakes but im in a rush. lol

 

Will keep you updated.

[alanfromderby]

I replied (with a cheque) stating that I didnt think it was fair that the others were not covered by the DPA and refered them to the durant case.

After that I recieved a shi**t letter back from the DPA manager, (Peter Townsend) which quashed the Durant vs FSA case and said they would send the statements from June 2004.

 

This is the problem when you allow the bank to knock you off track. They have to provide you with the information you requested.

 

I would suggest you send a letter based on the original DPA letter from the library - keep as closely to the wording as you possibly can.

 

State that your DPA request started from the date that they received your cheque (insert that date if you can) and that you expect the information requested to be sent within 40-days of that date.

 

Add the following paragraph at the end:

 

I note that you have chosen to return my payment - please be aware that this does not absolve you of your responsibility to carry out this information request.

 

Should there be any further attempts to delay compliance, I will be left with no alternative but to escalate this matter into an official complaint to the Information Commissioner and/or the County Court under s.7 and/or s.13 Data Protection Act

 

Please keep us informed of progress.

[anttreas]

This is the problem when you allow the bank to knock you off track. They have to provide you with the information you requested.

 

I would suggest you send a letter based on the original DPA letter from the library - keep as closely to the wording as you possibly can.

 

State that your DPA request started from the date that they received your cheque (insert that date if you can) and that you expect the information requested to be sent within 40-days of that date.

 

Add the following paragraph at the end:

 

I note that you have chosen to return my payment - please be aware that this does not absolve you of your responsibility to carry out this information request.

 

Should there be any further attempts to delay compliance, I will be left with no alternative but to escalate this matter into an official complaint to the Information Commissioner and/or the County Court under s.7 and/or s.13 Data Protection Act

 

Please keep us informed of progress.

 

I have contacted the ICO and they are saying Barclaycard are right in saying that I cant get it via the DPA. I also recieved a letter with all the information explaining why and they seem to be right :s

[alanfromderby]

What exactly did you ask for?

[anttreas]

My first DPA letter was the one from the library, starting:

Please supply me with a complete list of transactions and charges relating to my bank account since it was opened. Alternatively a complete set of bank statements for that period will be acceptable.

I have only had the account for about 3 years.

I then recieved the standard reply including:

I am obliged to advise only copy statements covering a maximum period from June 2004 to date will be provided.....statements are stored on Microfiche and do not fall within the subject access proivisions.

I then replied with my cheque stating (as advised in the FAQ's):

I am confused as to why the content of the statements prior to June 2004 are not covered by the Data Protection Act. As I understand it, provided the information in question can be linked to an identifiable individual the following are examples of personal data:

 

+ information about the medical history of an individual;

+ an individual's salary details;

+ information concerning an individual’s tax liabilities;

+ information comprising an individual’s bank statements; and

+ information about individual’s spending preferences

I would like to draw your attention to the case of Durant v Financial Services Authority [2003] where Lord Justices Auld, Mummery and Buxton ruled that Bank Statement information, though not the statements themselves, is personal information and thus covered under the Data Protection Act.

I then got the reply:

A computerised method of stored was intorduced during May2004 with records prior to this time remaining stored by chronological order on microfilm. In Durant Vs FSA it was clearly established that manually stored records did not fall within the DP regime unless such records are stored in a very highly structured filing system.....in regard to your comment that we must provide copies of your statement that under the DPA we must provide copies of documents on microfiche the Bank is not able to comply with this demand.

He then goes on to say that this was enforced with the Durant vs FSA and only documents (when manual) which are stored in a system 'broadly equivilent to computerised systems in providing readily accessibility to the relevant information......Moreover, the effort and time involved to obtain copies of the statements for the period requested would in any event be dispropotionate under the DPA

Any ideas?

 

[Alleycat]

Hmm, tricky one!

 

Could you possibly see if anyone from this board has successfully got their six years bank statements/info back from Barclaycard and use that as proof that it can obviously be done? Not sure what the wording would be, but I am sure someone with a better understanding of the law surrounding this could help.