My start with Barclaycard! £90 for statements?!

[anttreas]

i have had a look through and have seen that some people have got them just by sending off the DPA letter, I dont see why I'm different! lol

[Alleycat]

Yeah, I have just had a scout through as well and I can't find anyone who hasn't been told that pre-6 months documentation is stored on Microfiche. Is there any way that you could afford the £90 for your back statements and add it to your claim for charges? I know its a lot of money, but if you are pretty sure there will be more than £90 worth of charges it is maybe worth trying to do?

[alanfromderby]

There has been a debate about the microfiche argument on the Abbey forum - as they have been using this as a way of deflecting DPA requests. The case law in this instant is Smith v Lloyds TSB. This confirmed that systems such as microfiche can be included if they have an electronic indexing system.

 

We have discussed this issue with the IC Office, and we would agree that old systems certainly come outside the scope of the Act. However, newer systems would definately be included, and the feeling is that a bank would want a modern fast system.

 

The difficulty is that in order to confirm whether a particular system would qualify it would have to be inspected - in order for that to happen a complaint has to be made to the Information Commissioner.

 

The letter below is being used for Abbey - and it would seem that they are now, reluctantly, starting to comply. Although they are still claiming they don't have to. Of course, should they not comply within the 40 days, or they point-blank refuse a claim after receiving the letter below, a complaint will be made.

 

At this point the IC will be able to inspect the machine, and the argument being put forward by the bank is either proven, or not.

 

My guess is that whilst it is putting people off, the banks will continue to use the microfiche argument. On that basis, the mere threat of a complaint to the IC, backed up with a reasoned argument, will be enough to make them comply.

 

This is the letter:

 

xx insert name from letter xx

Regulatory Compliance

Abbey National plc

Abbey House

201 Grafton Gate East

Milton Keynes

MK9 1AN

 

xx/xx/xx

 

Data Protection Act disclosure request

 

Dear xxxxxxxxxxx

 

Account Number: xxxxxxxxx

I am in receipt of your letter dated xx/xx/xx, outlining that you could only provide me with printouts covering recent transactions on my account, because any earlier information has been archived onto microfiche. (*I also acknowledge receipt of the information you forwarded.) *assuming they have sent you some.

My request was for a complete list of transactions and charges relating to my account since xx/xx/xx – in short, a list of charges with dates and amounts – alternatively, a complete set of account statements for that period will be acceptable. This should be retrievable from your accounting systems, and easy for you to produce. I will accept a computer print out of these transactions.

 

I am aware that you have been willing and able to provide other customers with a print-out of transaction information covering this period – and am ready to bring this to the attention of the Information Commissioner should it prove necessary. I would also draw your attention to Smith v Lloyds TSB Bank plc (2005) EWHC 246 (Ch).

 

This letter has been sent by first class recorded delivery, and therefore should have reached you by xx/xx/xx (insert next working day after posting) – as you will be aware, as of this date you have just XX days (insert days remaining since they received your original request) in which to comply with my request. As stated above, a complete set of account statements for the period in question will be acceptable; however, I expect this to be provided within the time period for DPA compliance.

 

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

 

Yours faithfully,

[Alleycat]

Sounds like this is an excellent plan of attack. Would it be worth there being a thread on Barclays dedicated to the progress of the DPA letters and who has contacted the IC to make a complaint?

[anttreas]

Yeah, I have just had a scout through as well and I can't find anyone who hasn't been told that pre-6 months documentation is stored on Microfiche. Is there any way that you could afford the £90 for your back statements and add it to your claim for charges? I know its a lot of money, but if you are pretty sure there will be more than £90 worth of charges it is maybe worth trying to do?

 

Actually, now I have managed to get the last 2 years via DPA there is only about 1 years left remaining, bringing the cost down to around £30 i think.

It may be worth paying up and possibly reclaiming it.

[Snorkerz]

I found myself in a similar situation today, and because I'm in a bad mood I'll be sending the following by RD in the morning:

 

I am in receipt of your letter dated 19th April 2006 and data regarding my account from May 2004.

 

Unfortunately, you are incorrect in your assertion that earlier data is outside the remit of the DPA as the act clearly defines ‘Relevant Filing System’ as :

any set of information relating to individuals to the extent that, although the information is not processed by means of equipment operating automatically in response to instructions given for that purpose, the set is structured, either by reference to individuals or by reference to criteria relating to individuals, in such a way that specific information relating to a particular individual is readily accessible.

As you state in your letter – the information I require is available from your “Customer Service Department at a cost of £3 per statement” and is therefore readily accessible – you will remember that I said I would accept statements in my first letter to you.

 

The 40 day deadline for compliance has now passed and therefore details of your response have been forwarded to the Information Commissioners office.

 

If you fail to comply within the next 14 days I shall take this matter to the Swansea County Court under s.7 and/or s.13 of the Data Protection Act 1998 as amended.

 

 

I'll keep you posted.

[Tinkerbelle]

Nice one!

[Guest BlueRuby]

Snorkerz, would you mind if I nicked your letter. It says exactly what I have been thinking!

[Rebel UK]

If they stick by their guns and refuse to give you the information

 

Rebel

[Snorkerz]

Snorkerz, would you mind if I nicked your letter. It says exactly what I have been thinking!

 

No problem - just change the court name!

[kaz]

Hi there,

 

I have recieved a similare letter today saying they can only give me statements from 2004 as anything before this is not held on their computer system or a structured relevent filing system and therefore does not fall under the DPA act 1998. I have read suggestions of sending 3.00 for statements or sending the above letter. Can anyone advise as im really stressed out about this.

 

thanks

 

Kaz

[anttreas]

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