Bignig32 V Barclaycard

[Bignig32]

It seems the Microfiche letter is sent as standard to everyone:mad: ,I received mine today, I have amassed quite a bit of charges going back to May 2004 (stops here because of Microfiche tatic), My plan of attack is this (please could you advise on this) 1. send them a letter reminding them that they have not fully complied with the S.A.R - (Subject Access Request) and the commision has recently ruled that Abbeys Microfiche "is relevant", 2. take this to the next stage advising that the unlawful charges are not a final figure and subject to further additions due to thier non compliance todate of my S.A.R - (Subject Access Request). Could somebody also advise me if i should pursue the £12 charge (again if they reveal true cost I suppose £12 will seem excessive?) Anybody Help?

[Bignig32]

Anybody?

[Bignig32]

Ok Here is a copy of Email i have sent to Sue Lomas at Barclaycard:confused:

 

Dear Sue

 

 

 

ACCOUNT NUMBER: xxxxxxxxxxxxxxx

I am writing to you to acknowledge receipt of your letter dated 22/10/2006 outlining that you could only provide me copy statements covering transactions from May 2004 on my account, because any earlier information has been archived onto microfiche. I also acknowledge receipt of the information you forwarded.

My request was for a complete list of transactions and charges relating to my account – in short, a list of charges with dates and amounts – alternatively, a complete set of account statements for that period would be acceptable. This should be retrievable from your accounting systems, and easy for you to produce. I will accept a computer print out of these transactions.

 

I would also like to draw your attention to the fact that if the statements are readily accessible enough for you to offer them to me at a cost of £3 per statement then they are READILY ACCESSIBLE enough for the purposes of the Data Protection Act 1998. If the information requested in my letter of 09/10/2006 is not supplied by 18/11/2006 being the statutory 40 days from the date of the request letter, I shall lodge a complaint against you with the Information Commissioner and the FSA for breach of the provisions of the Data Protection Act. I am aware that you have been willing and able to provide other customers with a print outs of transaction information covering this period and that any delay tactic will not be tolerated.

 

Also upon further investigation the Data Protection Act does not cover microfiche stored entries is not true, it has been taken out of context. This exemption only applies to medical, educational, and public records. Clearly bank charges are none of these. Please be aware of the recent visit to Abbey by the Information Commissioner and the finding that Microfiche is a relevant filing system.

 

Yours faithfully,

 

Any Comments?

[skbuncks]

Im no expert but sounds reasonable to me. I believe the ICO paid a visit to barclaycard this week so we shall see what there findings are. Id wait to there 40 days are up and then lodge a complaint with the ICO. In the meantime you can press on with your claim, bearing inmind you alter the amount you are claiming at any time upto the MCOL stage. In my book £12 is still unfair and disproportionate, the CC's companies have locked onto this as a magic figure they can charge but at the end of the day its still way above there actual costs. So yeah include it in your schedule of charges - if they want to argue the matter then let them publish there actual costs (something theyll never do)

 

skb

[Bignig32]

No reply from BC yet, i have had a read receipt but no response to my email, BC have approx two weeks to comply to the 40 days, should i now look to pursue the £504 in charges i know about by sending a letter before action, warning them that the amount being claimed will change subject to them disclosing the information stored on Microfiche?

[Bignig32]

Well here's the two responses i had from BC, seems Mr Nuttal forgot to reply to me and mrs lomas prompted him, any suggestions now??????

Thank you for your email of 24th October addressed to Mrs Lomas on whose behalf I am replying

As explained previously copy statements held prior to May 2004 are stored on microfiche. The statements are copied onto the microfiche in date order and more than one customer statement may be held on an individual film of microfiche. These statements are not stored by reference to account number or customer name and are not “readily accessible” within the meaning of the Data Protection Act. These statements are therefore not retained in a relevant filing system and therefore do not fall within the class of documents to be produced pursuant to a subject access request.

Accordingly we are unable to disclose any further statement documentation to you pursuant to your request under the Data Protection Act. As previously advised you may contact the Customer Services team for copy statements. There is a standard charge of £3 per copy statement.

Should you have any further questions regarding this matter please do not hesitate to contact me. If my reply does not meet with your expectations you may ultimately be eligible to refer to the Financial Ombudsman Service. Further details of this service are available on request. If I have not heard from you within 8 weeks from the date of this letter, I will close my complaint file in accordance with our usual practice.

Yours sincerely

Carl Nuttall

Customer Relationship Manager

Thank you for your email which I passed on to one of my colleagues who has been dealing with all correspondence relating to such requests. I am sorry you have not yet had a response but I can confirm that Barclaycard is fully aware of the information to which you have referred with regard to the Information Commissioner. We are also aware of the time limits involved.

As I am sure you will appreciate, yours is one of many claims which we have seen. I would like to correct your assumption that the information you have requested is easy for us to retrieve. This is not the case. The information is contained on microfiche in billing day order which is not easily retrievable and cannot be produced onto a computer printout as you have requested. We have not provided other customers with print outs, and I do wonder where this misinformation originated from.

You can be assured that Barclaycard will comply with any legal requirement made of us as a company, and to that end I am confidant that you will hear from us as soon as we are able to deal with your request.

Yours sincerely

Sue Lomas

Sue Lomas

Customer Relationship Manager

Barclaycard Manchester

Tel:-0161 200 7567

Fax:-0161 200 7197

Email:[email protected]

 

[I hate barclaycard]

Hi, im new to this but i received a reply from SAR today from barclay card, it pretty much said what your email above said, reading another post hills vs barclaycard, i am going to send the ' Abbey letter' found in that post along with the additional parts from the letter in your post above ie the bit about abbeys being told it was relevant info. imsure ill get the same response as you!

from what ive read we wait the 40 days and then send the non compliance letter????? someone please tell me if im right??

Thanks.

[Bignig32]

Prelim letter sent Today, will now also send letter complaining about the Microfiche.

[Bignig32]

Letter received from Carl Nuttall saying ICO have said Microfiche is relevant and will be sending me the rest of my statements.

[Bignig32]

Response from my 2nd letter saying BC will resolve the matter by 22nd Jan, this is a month over the time limit i have given them, could anybody confirm if this is a stall tactic or should i wait until the 22nd Jan before sending my LBA?

[Yorkyclaims]

No - Keep to your timescale. It is highly unlikely you will receive an offer to settle in full without the court being involved, so abiding by their timescales is delaying the claim.

[chorlton1]

Would suggest you should still stick to your timetable and not theirs - your only problem may be that you dont have enough statements yet to identify your charges so the LBA may be a little weak. If you have, say, 1 years worth of statements you could put a pro-rata estimate in the LBA and then its up to Barclaycard to prove the estimate is incorrect (which might speed them up a little!)

[TANZARELLI]

Would suggest you should still stick to your timetable and not theirs - your only problem may be that you dont have enough statements yet to identify your charges so the LBA may be a little weak. If you have, say, 1 years worth of statements you could put a pro-rata estimate in the LBA and then its up to Barclaycard to prove the estimate is incorrect (which might speed them up a little!)

 

Wouldn't hold your breath though, they like to take things easy, this lot. Estimate is a good idea though.

 

Tanz

[Bignig32]

I have received statements going back to 2004, the charges for this period is £504, I am awaiting statements going back to 2002 that are on Microfiche. I will send letter before action today indicating the time period was more than adequate to resolve the matter and i am not prepared to wait until the 22nd Jan as they have not indicated they will repay me in full before then. i will estimate the figures for 2002 to 2004 as being at £125 per year. Do you think this is fair??????

[chorlton1]

Depends on how you have calculated it:

 

The calculation is:

 

£504/the number of months statements you have in your possession gives you the average amount per month.

 

Then multiply that amount by the number of months statements you are missing (back 6 years or to when the card was issued, whichever the later), add the answer to £504 and there is the total which you use to make your claim.

 

It is then up to BC to prove those numbers are incorrect.

 

If you are claiming interest you can then spread the estimated charges over the spreadsheet and calculate the interest,but as I would expect BC to provide the data relatively soon, just not on your LBA that your charges are estimates and that when you have a full set of statements per your S.A.R - (Subject Access Request) request you will be adding interest as appropriate.

 

Hope that helps

[Bignig32]

i have worked it out at 504 / 36 = 14 per month 14 * 12 = 168 per year for the two years missing. this is an extract from the LBA going out today.

 

I calculate that you have taken £504 plus £336 estimated (Due to you not fully complying with my Subject Access Request dated 9/10/06 I have had to estimate the charges for 2003 and 2002) which you have taken in charges. Total £840.

I am enclosing a copy of the amended schedule of the charges which I am claiming.

[chorlton1]

looks fine - if you havnt sent it yet just amend the penultimate sentance (you say charges twice) perhaps just say: .......(due to you not fully complying with my SAR dated xxxx I have no option but to estimate the charges you have taken for 2003 and 2002). and leave it at that

[Bignig32]

Cheers Chorlton, already gone!

[Bignig32]

Response from BC saying they will resolve in 10 days, This will not be soon enough, will issue proceedings tomorrow.

[TANZARELLI]

Response from BC saying they will resolve in 10 days, This will not be soon enough, will issue proceedings tomorrow.

 

Thats it stick to your timetable, not theirs.

 

Tanz

[Bignig32]

microfiche statements have arrived, tee hee! looks like there is no hidding places for these Bank [edit]any more:p

[Bignig32]

was going to issue proceedings online but there seems to be a lot of confusion over filling in the paticulars of claim, i think i will go down the N1 form route and post to my local court, would hate for this to get kicked out at this late stage.

[Bignig32]

Sent claim of yesterday. CANNOT BELIVE IT! logged on to Barclaycard this morning £396 late payment refund sat in my account Nice starter, this is not the whole amount, they are about halfway, I have had no correspondence saying they were going to refund. Yet further evidence to the Judges that there is no consistency to how the banks are conducting themselves.

[Bignig32]

Well still no response from BC, how can you just deposit £396 in somebodys account and not inform them? Could anybody advise me on how long the court stages are taking? the cheques sent to the courts have been cashed (they dont mess about) i am now awaiting some contact.

[TANZARELLI]

I should write to them and acknowledge reciept of this but state that you only accept this as partial payment and that you will continue with your claim to recover the rest of the outstanding balance. Something like this:

 

BANK NAME

Address

Address

Postcode

Re: Account number ***********

 

Response to settlement offer.

 

Dear ***********

 

Thank you for your partial refund of unlawful charges to my account.

I respectfully decline your offer of settlement.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will continue to pursue the recovery of the remainder and that I have now commenced an action through the county courts, claim number *******.

Even at this stage I am willing to accept full settlement of charges £******, Interest £*****, and court fee, as well as daily rate interest which has been accruing since my claim was filed at a daily rate of £0.** over ** days, giving a settlement total of £******.

I trust this clarifies my position.

 

 

Yours faithfully

 

 

Hope this helps.