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tnook

Very Old Barclaycard Charges

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Posted (edited)

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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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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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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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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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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