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tnook

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

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Hi TN,

 

See post #11 in this thread for an example POC - https://www.consumeractiongroup.co.uk/forum/showthread.php?486054-Lloyds-Breach-of-SAR&p=5109551&viewfull=1#post5109551

 

however, you should read through the thread carefully before doing anything as there's a lot of useful info and opinion.

 

:-)


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Thanks Slick, really appreciate it. Will read over it tonight and prepare.

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we've never seen Barclays try that they know diff

as for MSE

I wouldnt believe anything that's written there...

 

practical law...well but the fact is here its WHEN YOU REALISED not any other time.

 

MSE for years have I am sure Paid people to argue with posters, it started out years ago Great, but declined after certain events, most/all posting I made got be-cried by the same names within minutes,


:mad2::-x:jaw::sad:

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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:

 

 

 

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

 

 

Same Welcome finance use now - BUT they do state call this Number x xxxxxxxxx etc so when asked would it make a difference to their response - No they state


:mad2::-x:jaw::sad:

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Just had a phone call from Barclaycard level 2 complaints. They said they asked the microfiche team to look for the statements and they were unable to find them. So their position is they don’t have them.

 

I’m still going to press on but is it likely they would actually get rid of old data/statements?

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I would insist that BC confirm in writing anything they've told you by phone, "so you can properly consider your options".

 

Have you looked at this Sticky about BC and their Microfiche data storage - https://www.consumeractiongroup.co.uk/forum/showthread.php?50148-Barclaycard-amp-Microfiche-they-are-wrong-OFFICIAL

 

It's old but I've seen nothing since then to suggest BC have been destroying older data - why would they ? !!


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They said they are sending me a 'final position' letter which reiterates what the lady said in the phone call. I don't think they deleted / destroyed it.

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Let us know when you have their written reply, and confirm what they say.

 

:-)


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Ok finally got the final response letter from Barclaycard. GDPR limited to 6 years, well that's news to me and the ICO. Basically they say they don't have any more data to give me. Here we go:

 

Dear tnook,

 

About your complaint General Data Protection Regulation (GDPR)

 

Thanks for taking the time to discuss your complaint with me. Once again I'd like to say sorry that you've had reason to complain.

 

As mentioned in our conversation, I've carefully considered your complaint and reviewed the issues you raised. I am unable to support your complaint because we have provided you all the information we hold on you for the accounts you listed.

 

Let's take a look at what happened:

We are only required by GDPR law to hold information for up to 6 years. We have checked all of our systems and files and no other data is held for any of the accounts you provided.

 

Therefore we are unable to ascertain if you held Payment Protection Insurance on any of the accounts in question as we no longer hold this information on file due to the time that has lapsed.

 

And finally we need to let you know:

This will be our final response to your complaint, but if you have any questions or new information to share please let me know and I'll be happy to look into your complaint again.

 

You have the right to complain to the FOS within 6 months etc etc etc

 

Your sincerely,

BC

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It's good they've put all this in writing and I'll see if there's interest from the Site Team in BC's response.

 

:-)


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Document Retention

 

According to sections 221 and 222 of the Companies Act 1985, a public company is required to maintain records for a period of six years (section 222(5)(b).

 

As a loan agreement is active until the agreement is terminated, I would suggest that all the payment records (and other documents making up the file - including the agreement/application etc) would be "live" until the account is paid, or terminated - thus, the full file should be retained for at least six years after that.

 

This interpretation fits in with Inland Revenue legislation that requires prime documents to be retained for a period of six years - AFTER THE END OF THE RELEVANT ACCOUNTING PERIOD. That would mean some files need to be retained for up to seven years. The relevant legislation is found in Schedule 18 of the Finance Act 1998 (paragraph 21) - of particular significance is sub-paragraph (6) which states:

 

"The duty to preserve records under this paragraph includes a duty to preserve all supporting documents relating to the items mentioned in sub-paragraph (5)(a) and (b)."

 

Finally, key documents/application forms etc must be kept until 5 years after that business relationship has ended. This is a requirement of The Money Laundering Regulations 1993, 2003 and 2007. “

 

Regards

 

Andy


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Thanks. The statements are outside these timeframes. They did send the application form amazingly fro 1998. I'm just wondering if they have deleted or destroyed the statements since there are other people who have managed to get them.

 

What do you think I should do next?

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I don't believe for one second that any such statements have been destroyed.

 

I would take this to the ICO or, if you prefer, take court action based on the info provided on page #3.

 

:-)


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Will do slick.

 

I’m the meantime, I have another thread in Santander/Cahoot, same situation, old CC charges but I do have the statements this time and it has run its course, ie letters, LBA and final response. Need help preparing for court. Can anyone assist?

 

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

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Have you read through the thread I linked in post #53

 

If you still need more help, let us know here and I'll go take a look.

 

:-)


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I went down this route. Got stuck when the ICO accepted Barclay's word that no accessable credit card personal data pre-6 years existed.

 

 

(Good grief, I joined CAG twelve years ago this month!)

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That's bad can you ask them for proof of deletion?

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Thanks, next letter coming up. Had to take a break from the process due to some personal issues coming up. But back on it now.

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Ok I have dispatched the letter based on Bankfodder's template regarding deletion of data, from link provided above.

 

I referred to their final position letter which states:

 

"We are only required by GDPR law to hold information for up to 6 years. We have checked our systems and files and no other data is held for any of the for any of the accounts you provided."

 

I also don't believe they have deleted the records.

 

Will keep you posted when I get a reply.

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Whilst I await the reply from Barclays I thought I should prepare my POC for the SAR. I found the following template people have used pre-GDPR. Does the text need updating to reflect new the regulations?

 

 

KX

 

PARTICULARS OF CLAIM

 

 

1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject.

 

2. The Claimant had an account number XXXXXXXXXXXXXX ("the Account") with the Defendant which was opened on or around XX/XX/XXXX and closed on XX/XX/XXXX.

 

3. On (Insert Date) the Claimant sent a Subject access requesticon, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.

 

4. The Defendant has failed to comply, and only submitted 3 years of statements which were blank apart from the outstanding balance and account number. No other documentation has been received as requested in the original Subject Access request.

 

5. The claimant is aware that the Information Commissioners Office (ICO) considered Barclaycard's Microfiche data storage system back in November 2006. The ICO concluded that the microfiche system used by Barclaycard is a relevant filing system for the purposes of the Data Protection Act.

 

6. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage

 

7. The damage caused is:

 

Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £100.

 

8. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request

 

9. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request.

 

9. Damages and costs within the discretion of the Court.

 

 

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

 

Date:

 

Edited by tnook
typo

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Hi all, it's been almost a month since I sent the letter asking Barclaycard to prove Destruction of the records. So far no response. I called them today and they are claiming they never got my letter. They said they would look into it and my request for a certificate of destruction.

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Did you get a free Cert of Posting, or use RM Signed For delivery ?


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No I just sent it regular post. Anyway I told them on the phone what I wanted and they said they will get back to me tomorrow. Can see this going to court soon. 

Edited by tnook

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OK, unless they keep to their word and provide what you want quickly, court action is probably the next move.

See here about a checklist of what should be provided - https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-be-informed/

But keep us posted ...........


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