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    • When you have completed your SD you will almost certainly be asked how you plead to the offence(s). Hopefully you have been "dual charged" with both Failing to provide driver's details (FtP) and Speeding. So long as you were driving at the time of the allegation you should offer to plead guilty to speeding providing the FtP charge is dropped. Do not under any circumstances plead guilty to speeding unless and until you have this agreement. You cannot be convicted of speeding unless you plead guilty as they have no evidence that you were driving. The danger in pleading guilty without the deal is that you will be convicted of speeding and they can still continue with the FtP charge. On the basis of what you have said success will not be impossible but will be problematic and the possible outcome is nine points. The "deal" is a well known procedure to prosecutors and Magistrates and is exercised in courts across England & Wales every day and is nearly always accepted. It is nearly always accepted. If you can, arrive at court early and ask to see the prosecutor. You can put your offer then. If not, make the offer when you have completed your SD. If by any chance it is not accepted, plead Not Guilty to both charges and come back on here (your case will be adjourned to a later date). We can then decide whether you have a reasonable chance of successfully defending the FtP charge. Certainly at this stage you do not need a lawyer. You probably wouldn't need one if you have to defend the FtP charge either but let's wait and see what happens on Friday. Save your money for your fines, etc.   You need to make every effort to avoid a FtP conviction. It carries six points but most importantly an endorsement code (MS90) which insurers hate and it will see your premiums increase dramatically.
    • “There is the science, and then the art”.   The science gives you verifiable facts and figures. The art is applying the science in the real world, taking human factors into account.   If I had been in Wuhan, I’d hope I’d apply the principles of Bentham utilitarianism, taking all measures I could to protect myself but without risking others (so, no lying to evade movement controls). Yet, until actually placed in that situation: would I? I don’t know what I’d actually do until I’m in the situation.   What then if (early on in the Wuhan outbreak, before the travel embargo) I am already booked on a pre-planned flight out? Do I cancel it? Not if I don't have a temperature....   What if I have a temperature? I should ‘not travel’, but what would you (or I) actually do? Public opinion (looking at the case of the ‘Michelin traveller’) says to travel would be selfish.   What if I had a temperature, but my flight (booked before the outbreak) was to visit a terminally ill relative, who had only a very short time remaining?. Things are rarely cut and dried.   What would you (anyone, not just me and HB) do? Do you believe that what you think you’d do (when considering the issues) is going to always be the same as what you do when actually in that situation?   Human factors. Eyam plague: The village of the damned http://www.bbc.co.uk/news/uk-england-35064071   Would people do the same, today?
    • To just show there is nothing adverse on it and the address is not on there, anything really to help me? I really don't know as I say i have never been through this before.
    • Thank you. We were sort of saying the same thing then, that people and human nature make controlling disease more difficult?
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tnook

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

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Thanks. Will keep you posted. I really hope those statements are available. Could be a lot. 

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Spoke to the lady at Barclaycard who handled my complaint last August. She says they can't find my letter and asked me to email it to them which I did. In the meantime she has forwarded my request for the certificate of destruction to their legal team...

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Unless you're recording all calls, you should not be speaking to them at all.

 

I'd sent a follow-up email saying, because of the delays so far, you want a full response within 14 days or will complain to BC's CEO and The ICO.

 

:-)


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Just wondering, do they have to provide a certificate of destruction, or other evidence? Expecting to get fobbed off with they say they don't need to, or they will just produce a template certificate.

 

Still convinced the data/statements exist.

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Looking back through the thread, after BC said they had complied with GDPR, did you send a letter seeking a Cert of Destruction ?

 

If so, on what date ?


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Sent the letter on the 11th Feb. Was delayed by personal issues since August.

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Is the IOC a route that is worthwhile pursuing? Or is it a damp squib like the FOS? I see from this thread that someone had no luck with the IOC and they just agreed that 6 years was reasonable for holding records.

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My reply in post #80 was posted before I reviewed the thread history again - sorry.

 

The ICO will look at cases of failure to reply to a SAR and intervene but they tend to be less willing to rule in cases where info has been supplied for 6 or more years.

 

If the bank fails to supply info beyond 6 years from your SAR being sent, court action is probably the only way to take the issue forward.

 

😎


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Yeah I have been prepared to take this down the court route. Seems to have worked for others in the past. Planning to give them until next week before I submit my POC to the courts.

 

Since GDPR kicked in will the template POC for a SAR need tweaking? The template sill refers to the data protection act 1998, see below:

 

Quote

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:

 

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Hi TNook,

 

We'll need to see if any changes are needed after GDPR kicked in.

 

Give me, or Site Team, some time please to come back and advise.


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Thanks slick appreciate it.

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Ok had a letter from Barclaycard saying I'd get a reply by the 20th of March. I expect it will be a deflection. I am keen to push on with the court route and submit my POC on the 21st. If anyone from the site team can help with the old template that would be great. 

 

Slick did you hear back?

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No but it's often quiet over the w/end so be patient - Andyorch is aware and should offer advice :-)


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14 hours ago, slick132 said:

No but it's often quiet over the w/end so be patient - Andyorch is aware and should offer advice :-)

 

Thanks Slick, don't mean to come across as impatient and really appreciate all the help. 

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Section 7 remains the same and also the principles of the Particulars above.

 

See GDPR

 

In the UK collection and use of personal data is regulated by the Data Protection Act 1998, which implemented Directive 95/46/EC on data protection (Data Protection Directive).

 

Regulation (EU) 679/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) comes into force across the EU on 25 May 2018. The General Data Protection Regulation will be applicable to the UK despite the UK's decision to exit from the EU (Brexit). At the time of writing, a Data Protection Bill which incorporates the General Data Protection Regulation into UK law is making its way through Parliament.

 

https://www.legislation.gov.uk/ukpga/1998/29/contents


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Thanks Andyorch. One quick question, are Barclaycard obliged to produce a Certificate of Destruction or is not mandatory? I am trying to find where in GDPR/Data Protection it's stipulated. Otherwise they will just fall back on their statement that they can't find the data.

 

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https://www.google.com/search?q=certificate+of+destruction+data&sa=X&ved=2ahUKEwil47KX7IvhAhWXThUIHUmOB-cQ1QIoAnoECAQQAw&biw=1536&bih=723

 

Simply request it within your particulars pursuant to principle 7 of the Data Protection Act 1998.


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Thanks. Feeling stronger now.

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You word your particulars in a way that states given that the defendant was only able to comply and disclose data from to it is expected that they are able to produce a Certificate of Destruction for the years it has failed to disclose......I wouldn't expect it to be mandatory or pursuant to the GDPR...but it makes life a little awkward to respond to. 


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Thanks. I'll re-draft the POC and post here. If you could give it a final once over before I submit it to the courts it would be appreciated.

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Sure....no problem


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Barclaycard customer services just called me to inform me they have completed their review and their 'privacy department' informs them that they are not obliged to prove destruction of the data and that they will not meet my request. They will send this in writing as a final response.

 

 

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I would tend to agree


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So there's no hope then?

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I wouldn't say that...they still have to get round why the data is not available.


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