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tnook

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

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Ok here is the POC I am planning to submit, can someone give it a final once-over? 

 

Thanks for your help.

 

Quote

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 request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.

 

4. The Defendant has failed to comply, and only submitted a credit agreement and account numbers. No other statements or documentation related to these accounts 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 or produces a Certificate of Destruction pursuant to Section 7 of the Data Protection Act 1998.

 

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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I would consider changing damages to  loss /compensation.

 

Andy


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Not sure whether posting on this thread will help or not, being as I have my own running....but it might:

 

I have just rang HSBC again after my three recorded delivery letters to them asking (1) where in the Data Protection Act is states the 6 year rule and (2) if they have destroyed the data then where is the certificate of destruction.

Finally this week, I received yet another generic letter quoting the 6 year thing with no acknowledgement of my questions.

 

I spoke to a good bloke who (even sceptical me) I believe tried his best. he checked with the 'Data team' regarding the destruction of data and he said that this means the physical data, such as loan application forms, is destroyed. I asked why then were HSBC previously (two years ago) able to send me a loan application form from 2007 (with no PPI, obviously). He explained that this was a digital copy and they have those but not physical ones from over six years ago. I recorded the call.

Thoughts?

Edited by craigten

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Thanks Craigten. In my case I suspect the data   is on microfiche and they don’t want to look for it. I can’t see them deleting it. 

Edited by tnook

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On 29/03/2019 at 02:16, tnook said:

Thanks Craigten. In my case I suspect the data   is on microfiche and they don’t want to look for it. I can’t see them deleting it. 

Oh I agree here....!

I'll be honest, I'm not the sharpest tool in the box...but I'm not 100% sure on where to start regarding taking them to court to get said records?

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I know I have a few £5 penalty charges from 1986. Would dearly love to nail Barclaycard for them. I did try but ran up against the microfeche barrier, which was supported by the data commissioner.

 

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You can make an application for an order to comply with your SAR through an N1. It would most likely would be heard in Small Claims.

 

Edited by noomill060
Bad spelling

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1 minute ago, noomill060 said:

You can make an application for an order to comply with your SAR through an N1. It would most likely would be heard in Small Claims.

 

Thank you for that. I have completed an N1 before but am not sure where to start for this one. Shoul I just write it in layman's terms or could someone help me with the formatting of it, please?

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Ok update. I have submitted my claim form using the new online service. Very nice, not limited to 1000-ish characters.

Barclays has until the 29th to respond.

 

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Naturally they will be late. File a defence and take it to court. I’m a patient man 😉

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I received some very interesting replies on my thread along the lines of the bank can just come back with “No, that’s all the data we have” and the court will likely side with them?

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10 hours ago, craigten said:

I received some very interesting replies on my thread along the lines of the bank can just come back with “No, that’s all the data we have” and the court will likely side with them?

I've removed two very long posts of yours which you have posted on this thread.

Firstly they are very difficult to follow when they are present in that way. Secondly, you are effectively hijacking somebody else's thread and it is very unfair on them.

Please would you not hijack the threads of other people and please do post your story and your issues in your own thread and you will get a much better level of advice and support. Thank you


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Understood....but I thought my communications with the ICO would be of use, it was never my intention to ‘hijack’ the thread, as I think is clear to those who read it.

 

Im viewing on my phone so am struggling to see the whole thread - did you leave the pertinent bits or did you delete it all?

Edited by craigten

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On 07/04/2019 at 17:07, tnook said:

Naturally they will be late. File a defence and take it to court. I’m a patient man 😉

tnook, apologies if I hijavked your thread.

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No worries. Let's see how my court actions pans out. BC have two weeks to reply, they can also request a two weeks extension. I suspect they will automatically lodge a defence and it will go to court. Will see.

 

Feels good though doing something though :)

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14 minutes ago, tnook said:

Feels good though doing something though :)

This is what I want. Doh!!!

 

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Update: Barclaycard have requested an additional 14 days to respond to the claim. Have to wait till mid May now. 

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5 minutes ago, tnook said:

Update: Barclaycard have requested an additional 14 days to respond to the claim. Have to wait till mid May now. 

Is this negotiable or do you have to agree to it?

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It’s their right. Defendants can request an additional 14 days to respond. 

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Barclays have written to me.

 

I got a letter from Barclaycard offering to pay me £100 goodwill for getting the wording on their last response about GDPR law saying they had to store things for 6 years.

 

They also offered £25 good will for it all taking so long.

 

This is £125 which is the amount I am claiming in the court case.

 

Does this mean they have effectively offered to settle and I need to close the claim?

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Effectively....but they haven’t, though, have they? I’d suggest accepting their offer for what it is - compensation for screwing things up, and press on.

Edited by craigten

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Add your court fees and then possibly consider discontinuing ?

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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But this isn't the aim of the case. I'd rather not discontinue. Do I need to?

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Then decline their offer and proceed with your claim.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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The aim is to get the old data, if I decline their offer and it goes to court won't it get thrown about because it will look like I am being unreasonable?

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