Very Old Barclaycard Charges ***Settled by way of Tomlin Order***

[tnook]

Had a reply from Barclaycard regarding my 1998-2003 SAR request.

 

They claim not to be able to find my statements and need more information.

I provided them with my name and the address the cards were registered to at the time.

 

Interestingly Barclaycard claim that the statements are not in their main system, but they state that they do have them.

In order to retrieve the statements they need my old card account numbers.

Alas I don't have these anymore.

Should I just push harder and insist that my name and address are sufficient?

[tnook]

Sweeeet! I found a very old receipt with my original VISA card number on it.

 

Since Barclaycard have written to confirm they have my data and can only access it so long as I have an account number for them to reference it with, well I think they are snookered.

 

Bit annoying can't find any old receipts for the Barclaycard Mastercard I had at the same time.

 

Time to write back to them with the details they requested

[tnook]

Oh damn the receipt was for a different card. Back to square one.

 

I have just found the Barclaycard internet account site id's for the old cards. But no card numbers and the account codes no longer work.

 

It does seem odd that the only way Barclaycard can access pre 6 years data is with a credit card number. Here is the letter they sent me:

 

Dear Mr Tnook,

 

I write further to your recent request for information (original enclosed).

 

Unfortunately we are unable to locate your account from the information you have provided. Therefore I respectfully request that if you have any more information that you can supply to help us locate your account (e.g. previous addresses, change of name, previous correspondence from us, account statements or any other account number held) then please send this for the attention of the Data Protection Team at the above address.

 

If the account has been closed it is possible that the information has been deleted from our main system. While we will have all of your statements available, we can only locate them by card number alone once an account has been deleted from the main system.

 

Upon receipt of the correspondence we will then be pleased to honour your request and the information will be forwarded to you.

 

Your sincerely,

 

Barclaycard Customer Services

 

 

Does anyone have experience of getting pre 6 year statements without account numbers?

Edited June 30, 2010 by tnook

[tnook]

Surely if they have information about me, their letter states that they do, then it is their responsibility to give me access to that information under ICO guidelines.

 

Barclaycard hiding behind the 'excuse' we organised the information in such a way that makes it impossible to access unless you have an account number shouldn't wash.

 

I suspect if a police investigation of 'terrorists' wanted information about credit card transaction of suspects they wouldn't have to supply card numbers, names and addresses would be fine.

[tnook]

Hi, I sent BC a SAR asking for list of charges from my MasterCard and Visa from 1998 onwards. They replied stating that they likely had the information on microfiche but unless I can provide the account numbers for the cards they can't retrieve the information.

 

Is this right? Surely they'd index them by name/address etc?

[tnook]

Annoyingly I've looked everywhere. Oh well.

[tnook]

I asked for Barclaycard to give me my old statements from 1998-2005 quite some years ago. They replied that they had them on microfiche but needed the account numbers to find them. Which I no longer had. Was this ever resolved or are they still claiming its based on account numbers only?

[tnook]

Well I gave up as I didn’t have the account numbers. I was just curious if they are still using it as an excuse/reason for not providing old statements.

[tnook]

Thanks for merging dx100uk

 

is it re a current thread of yours?

have you done a dsar. they should be able to tie up someones prior account numbers to their name

 

I did a SAR a few years ago and they flatly said they had the data on microfiche but needed the account numbers to access the statements.

 

Which I felt was a but off, they should have them indexed by name/address.

[tnook]

Dusting off the old thread.

 

I put in a GDPR request to Barclays last month and just got a stack of papers (15cm think) of all my data. Well it seemed that way...

 

Finally Barclays have provided the account/card numbers for my ancient Visa and MasterCard. They had these on record but years ago claimed ignorance and they could not search for statements without them.

 

The GDPR stack came back with a covering letter with an interesting line:"

 

"Your rights don't cover manual records, or records held in highly structured manual files. So please bear this in mind if you've requested details of older accounts or information that's less likely to be stored in files covered by GDPR."

 

I looked at the ICO website and it seems to contradict this. Feels like Barclays don't want to be bothered going through the microfiches.

 

Anyone have any thoughts?

[tnook]

Absolutely.

There are quite a few late and over limit fees from 1998-2003 on both cards.

I can also positively argue they concealed this since they had the account numbers all along and told me they couldn't find them....

[tnook]

I am just writing the letter to them pushing for the release of the data, now that I have the account numbers.

 

Interesting to note they seem to be arguing in the GDPR response that microfiche systems are exempt from GDPR.

[tnook]

Will persevere. A bunch for charges from 1998, when I was single and carefree should add up to a nice claim

[tnook]

Does anyone know where the credit card interest calculator spreadsheets are? The links in the library are broken.

[tnook]

Yes that the one. Thanks!!

 

Do you think I should try claim contractual interest? Have there been any successes?

 

I just used the spreadsheet and compared the Statutory 8% vs Contractual 19.9% on a single £25 charge from July 1998. The difference is staggering.

 

For 8% = £91.87

 

For 19.9% = £924.18

[tnook]

Will have a look thanks. I think I have about 30-40 charges from back then. Late payment and over limit on two cards. Could get interesting.

[tnook]

Been reading the Shelley threads. Wow, mind blown. You guys are a great help.

 

Was interested in the amount of interest to apply for restitution. Slick you mention 29.9% as good number. Crumbs if I apply that then a single £25 charge from 1998 will attract compound interest of £ 4,678.68. I expect I have about 30 to 40 of these charges, so the total claim could be over £150,000. This will no doubt attract a lot of resistance from BC. Plus won’t it put me out side the small claims track?

 

I’m willing to give it a go if you can guide me.

[tnook]

Thanks Slick, appreciate the help. First battle is getting the old statements.

 

I know how precious they are about their microfiche system.

[tnook]

Just read Johnhn's tread. Feel really bad for him and annoyed that a judge who is ignorant of the regulations and law can just do that.

 

The lessons I am taking from this are firstly I'll be sensible about settling if it's the right thing to do. Secondly learn everything about how credit card charges are not covered by the OFT vs Nationwide case, so that I can argue it strongly in court if needed.

 

Are there anymore recent examples of BC successfully defending claims?

[tnook]

Still waiting for BC statements/transactions.

 

Meanwhile started a similar thread on old Cahoot charges:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?488630-Claiming-Cahoot-credit-card-charges-from-2003-2003-contractual-interest&p=5135041#post5135041

[tnook]

Time limitations.

 

I know we tend to rely on Kleinworth to overcome the 6 years limitation, but I was reading there is a 3, 6 and 15 year limitation which the banks will use to get cases dismissed. See links below from the MSE forum and practical law site.

 

Is this a problem for older claims?

 

https://forums.moneysavingexpert.com/showthread.php?t=571302&page=156#topofpage

 

https://uk.practicallaw.thomsonreuters.com/1-518-8770?transitionType=Default&contextData=(sc.Defaul++t)&firstPage=true&bhcp=1&comp=pluk

[tnook]

It's been 3-4 weeks now and no reply from BC. I asked for the statements for the accounts but nothing, not even an acknowledgement. I guess this is standard. What's the next step go to the Information Commissioner or just straight to court?

[tnook]

Spoke to a lady who was nice but had no idea what was going on.

She checked the records and said they send a letter early July.

 

This was the original incomplete set of data.

No mention of my letter from mid July requesting they complete the request with the specific Visa and MasterCard information.

 

The lady said shel'll give me a call sometime next week if she hears back from the relevant department.

 

I don't feel super confident they will comply.

[tnook]

Ok called again, they haven't a clue.

 

I have now sent them my LBA giving them a week to get the statements to me.

 

In the meantime I have reported the breach to the information commissioner but I won't hold my breath on them doing anything useful.

[tnook]

Ok have reached the end of the road with asking Barclays nicely for the statements/data.

 

Call centre is adamant they only have 6 years of data. Letter back from Barclays saying they have already complied with the GDPR request and won’t process it again. However Iif I want to supply additional information they may look again. All the information was in my previous letters.o

 

Time to escalate it in the courts. I’ll start drafting my claim form tonight, can someone check it before I submit it?