Another tree to bark up- your thoughts

[lynzpower]

Hello gang

 

Some of you may remember that I was looking int o the possibility of group action under the DPA. to get some semblence of conclusion to whether the b/card system is or is not a RFS.

 

Anyway, thats been discussed to death, and about a motnh ago, I sat down again with the papers that they sent me, and had a close look at the fanfolded print off.

 

Have a PROPER look at yours.

 

On mine there is a massive section on " delinquency" be it late payment or overlimit charges. On mine there is delinquency recorded since 99

 

Now, yes its not legible perse as theres no code to understand it. I wrote this letter to our freind Rachel Sheils at Barclaycard ( sent recorded)

 

 

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

Rachel Sheils

1234 Pavilion Drive,

Northampton,

NN4 7SG

 

Dear Ms Shiels,

 

RE: Subject Access Request under the Data Protection Act 1989

My account number *****

 

I am writing to you in respect of the previous letters I received from yourself and subsequent telephone call with yourself regarding my Subject Access Request t that I have paid £10 for.

 

You sent me replacement statements from May 2004- date.

 

You state in your letter dated 31.5.06 that :

“ With regard to your request that we provide a computer print out of transactions on your account to date we are unable to provide the information requested. Our computer systems do not permit us to print such historic data. Neither do our computer systems allow us to search and identify individual charges applied to an account. It is therefore not possible to provide you with a list of charges. I would also add that Barclaycard did not introduce default charges on its accounts until mid 2001. The print out that has been provided to you contains the information that we currently have recorded relating to the charges on your account.

 

Under the Data Protection Act 1989, Section 7 states

- (1) Subject to the following provisions of this section and to sections 8 and 9, an individual is entitled-

 

(a) to be informed by any data controller whether personal data of which that individual is the data subject are being processed by or on behalf of that data controller,

(b) if that is the case, to be given by the data controller a description of-

(i) the personal data of which that individual is the data subject,

(ii) the purposes for which they are being or are to be processed, and

(iii) the recipients or classes of recipients to whom they are or may be disclosed,

 

to have communicated to him in an intelligible form-(NB My italics)

 

(i) the information constituting any personal data of which that individual is the data subject, and

(ii) any information available to the data controller as to the source of those data, and

 

© where the processing by automatic means of personal data of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct, has constituted or is likely to constitute the sole basis for any decision significantly affecting him, to be informed by the data controller of the logic involved in that decision-taking.

 

I dispute that this printout is ‘in intelligible form’ and it contravenes Section 7 of the Data Protection Act. In discussion with the Information Commissioners Office, they state that providing data that cannot be deciphered by the customer is in contravention to the Act, and that you, as Data Controller has a duty to abide by the Act.

 

Despite finding the printout largely unintelligible, I note that there is reference to activity on my account from before May 04.

For example :

1) It shows that the account was opened with yourselves 7/1/97.

2) That the last cash advance was taken on the 28/5/97.

3) That there are a number of transactions listed under “delinquency” starting from ( date references) 8/6/99, 9/11/99, 5/4/00, 9/5/00, 24/5/00, 13/9/00, 14/11/00, 8/12/00, 8/2/01, 9/5/01, 10/7/01, 8/8/01, 15/8/01, 10/9/01, 9/10/01, 9/11/01, 10/01/02.

Underneath these dates your coding states, for example “f2, 5 days delinquency, a code that specifies the current status or past status of the account, eg account closed, or a temporary block eg Account overlimit’

 

As this “printout” as you have yourself called it is clearly from a computer and shows this data. I believe that you are in breach of the Data Protection Act. Databases DO fall under what the law says are relevant filing systems.

 

I now give you 7 days to respond. I again request that a list of charges that have been made to my account be given to me.

 

I look forward to receiving this intelligible data by 8/8/06.

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

 

Surprise surprise Ive had no repsonse

 

Now I NEED to do something now

 

Do I a) sue under the DPA

b) put in an estimated claim?

 

your thoughts

[give_me_it_back]

Have you sent this letter to IC, and have you also reported them to IC?

[lynzpower]

I have verbally told the IC, I discussed with the helpline, they agreed I was correct in my thinking, in terms of intelligibility

 

I guess thats what I need to do today/ now innit

[give_me_it_back]

There is a pack which you can download from the IC site which you need to complete to make an official complaint. I would also send the letter you have written as supporting evidence. Let us know how it goes.

[lynzpower]

just filled the form out, now need to work out how to rig up my printer will send today all being well

 

watch this space

[lynzpower]

bump

[Warms]

I'll be doing that this weekend, too, by the looks of it! (I meant filling the form in, not bumping, hehe:p )

[martynh99]

just filled the form out, now need to work out how to rig up my printer will send today all being well

 

watch this space

 

You can fill the form in on your PC (Word Doc) and then upload direct to the site. You can also attach any other docs/pdf etc.... along with your case. I've already uploaded mine last week. Should hear from IC in next few days.

[BankFodder]

I don't think it is a good idea to sue for an estimated amount. I know that some people don't have any difficulty with this idea, however as far as I can see every time it has been tried it has run into complications. I think that you need to bide your time. I think that we need to examine the print out to try to understand what it means and to prepare an action under the data protection act. I certainly thinkthat if they refuse or fail to supply a glossary of the codes then they are clearly in breach.

 

If we do it gently but methodically and with determination we should have an interesting result -- assuming of course that Barclays want to go into court (we know they don't). However in this case, there may be ways of forcing them into court.

 

I think also that there may be a basis here for involving the information Commissioner in a more serious way and the more determined way that he has hitherto been interested to involve himself.