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Guapa1 V Barclays


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Good evening folks, just wanted to say a quick hello.

 

I banked with Barclays until 2001 when I had a car crash and they were.. How shall I say it... Less than sympathetic :rolleyes:

 

I'm sure that year in 2001 I accrued lots of charges, so hopefully I will get them back.It's funny because I shredded ALL my bank details and didn't know the account number so I went into the bank today and got my details by pretending in being interested in using the account again.

 

As soon as she gave me the number I skipped, hopped and jumped to the internet cafe and printed off my S.A.R letter.

 

So it begins...

Halifax

S.A.R - (Subject Access Request) request sent - 14th September

Non-compliance letter- 26th October

Prelim sent-3rd November

LBA sent - 21st November

Settlement rejection offer sent- 28th November

N1 form filed 8th December

PAID IN FULL:D

Barclays

S.A.R - (Subject Access Request) request sent - 26th October

Barclays Acknowledged letter and sent back P.O - 1st November

Barclays sent out statement. Jan-Mar 01 is missing.

Letter for missing statements sent 14th Nov

Barclays sent letter claiming microfiche data

Letter sent back claiming data again 28th November

Non compliance letter sent 8th Dec

Prelim sent-18th January.

LBA sent Pending

Moneyclaim made-Pending

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Barclays have send a letter of acknowledgement and £10 back. The letter is long winded and I'm sure is the standard letter we've all got.

Halifax

S.A.R - (Subject Access Request) request sent - 14th September

Non-compliance letter- 26th October

Prelim sent-3rd November

LBA sent - 21st November

Settlement rejection offer sent- 28th November

N1 form filed 8th December

PAID IN FULL:D

Barclays

S.A.R - (Subject Access Request) request sent - 26th October

Barclays Acknowledged letter and sent back P.O - 1st November

Barclays sent out statement. Jan-Mar 01 is missing.

Letter for missing statements sent 14th Nov

Barclays sent letter claiming microfiche data

Letter sent back claiming data again 28th November

Non compliance letter sent 8th Dec

Prelim sent-18th January.

LBA sent Pending

Moneyclaim made-Pending

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Yes I am sure its the standard one, if it is from Peter Townsend and states they are under no obligation to discuss manual intervention and quoting rubbish about microfiche thats the very one we have all received! ;)

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LOL Ollie, that's exactly the one!

Halifax

S.A.R - (Subject Access Request) request sent - 14th September

Non-compliance letter- 26th October

Prelim sent-3rd November

LBA sent - 21st November

Settlement rejection offer sent- 28th November

N1 form filed 8th December

PAID IN FULL:D

Barclays

S.A.R - (Subject Access Request) request sent - 26th October

Barclays Acknowledged letter and sent back P.O - 1st November

Barclays sent out statement. Jan-Mar 01 is missing.

Letter for missing statements sent 14th Nov

Barclays sent letter claiming microfiche data

Letter sent back claiming data again 28th November

Non compliance letter sent 8th Dec

Prelim sent-18th January.

LBA sent Pending

Moneyclaim made-Pending

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  • 2 weeks later...

Hi all, they sent me statements from 99 onwards, however Jan- March 01 is missing, so I'm sending a letter out tomorrow requesting the missing statements.

Halifax

S.A.R - (Subject Access Request) request sent - 14th September

Non-compliance letter- 26th October

Prelim sent-3rd November

LBA sent - 21st November

Settlement rejection offer sent- 28th November

N1 form filed 8th December

PAID IN FULL:D

Barclays

S.A.R - (Subject Access Request) request sent - 26th October

Barclays Acknowledged letter and sent back P.O - 1st November

Barclays sent out statement. Jan-Mar 01 is missing.

Letter for missing statements sent 14th Nov

Barclays sent letter claiming microfiche data

Letter sent back claiming data again 28th November

Non compliance letter sent 8th Dec

Prelim sent-18th January.

LBA sent Pending

Moneyclaim made-Pending

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  • 2 weeks later...

You know, I've just totted up the statements I have, and it's nearly £300, which is a lot to me as I'm only claiming from 26th October 2000 till about June 2001. They still haven't sent me those missing statements yet. They have until the 5th December I suppose. I am right in saying I can claim 'interest charged 'right? It's only the £6 cost of the account I can't claim for?

Halifax

S.A.R - (Subject Access Request) request sent - 14th September

Non-compliance letter- 26th October

Prelim sent-3rd November

LBA sent - 21st November

Settlement rejection offer sent- 28th November

N1 form filed 8th December

PAID IN FULL:D

Barclays

S.A.R - (Subject Access Request) request sent - 26th October

Barclays Acknowledged letter and sent back P.O - 1st November

Barclays sent out statement. Jan-Mar 01 is missing.

Letter for missing statements sent 14th Nov

Barclays sent letter claiming microfiche data

Letter sent back claiming data again 28th November

Non compliance letter sent 8th Dec

Prelim sent-18th January.

LBA sent Pending

Moneyclaim made-Pending

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Yes when you get to court you can claim 8% interest.

 

Spotty

[sIGPIC][/sIGPIC]Statement request 4th May

Prelim Letter sent 24th May

LBA 7th June

Thanks but no thanks letter sent 22 June

MCOL 22nd June

Claim acknowledged 26 June

AQ sent 2nd August

17 Nov Court Date Set for 29 Jan 2007

Settled in full 12/12/06

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Thanks Spotty, I was actually talking about the interest charged on my unautorised overdraft.

 

I got a reply from Barclays about my missing statements. It says

'May we take this opportunity to remind you to our letter dated XX XXX in which we advised you that some statement information arising from the period prior to and possibly during 1999 and 2000 is manually stored in the form of microfiche and does not fall within the data subject provision access provisions of the DPA. As a consequence of this this information has not been provided.'

 

Now I've asked them for the period of January 01-April 01. They've sent me data from 1999 and I have all of 2000. Can someone help me construct a reply telling them they should have it as it doesn't fall into their own dates of 1999-2000? Letter writing has never been a strong point of mine. Many thanks.

Halifax

S.A.R - (Subject Access Request) request sent - 14th September

Non-compliance letter- 26th October

Prelim sent-3rd November

LBA sent - 21st November

Settlement rejection offer sent- 28th November

N1 form filed 8th December

PAID IN FULL:D

Barclays

S.A.R - (Subject Access Request) request sent - 26th October

Barclays Acknowledged letter and sent back P.O - 1st November

Barclays sent out statement. Jan-Mar 01 is missing.

Letter for missing statements sent 14th Nov

Barclays sent letter claiming microfiche data

Letter sent back claiming data again 28th November

Non compliance letter sent 8th Dec

Prelim sent-18th January.

LBA sent Pending

Moneyclaim made-Pending

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Hi. Go to post #2 here for template letters to send.

 

Also, you could edit the letter pointing to this thread regarding the Information Commissioner vs Abbey Bank where he held that material stored on Microfische IS a relevant filing system.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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Thanks Welshman. I sent them the non compliance letter already, and that was their reply. I'm thinking of something along the lines of:-

 

Dear Mr Townsend,

 

I refer to your letter dated XXX in which you stated that the information I've requested has not been provided because it is manually stored in the form Microfiche. I also refer to your letter dated XXX in which you advised me that some statement information arising from the period prior to and possibly during 1999 to 2000 is manually stored and doesn't fall within the data subject access of the Data Protection Act.

 

I now suggest you refer to MY letter dated XXX again. I did not request any date from 1999-2000, because you have already sent it to me. I requested XXX-XXX of 2001.

I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

Yours sincerely

G1

 

But better, as you can see letter writing is not soemthing I do well! Thank you for that thread, I'm going to slowly read it with interest.

Halifax

S.A.R - (Subject Access Request) request sent - 14th September

Non-compliance letter- 26th October

Prelim sent-3rd November

LBA sent - 21st November

Settlement rejection offer sent- 28th November

N1 form filed 8th December

PAID IN FULL:D

Barclays

S.A.R - (Subject Access Request) request sent - 26th October

Barclays Acknowledged letter and sent back P.O - 1st November

Barclays sent out statement. Jan-Mar 01 is missing.

Letter for missing statements sent 14th Nov

Barclays sent letter claiming microfiche data

Letter sent back claiming data again 28th November

Non compliance letter sent 8th Dec

Prelim sent-18th January.

LBA sent Pending

Moneyclaim made-Pending

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Thanks Welshman. I've read the thread and am not sure how to insert it into my letter. I've also amended it slightly, what do you think?

 

Dear Mr Townsend,

 

I refer to your letter dated XXX in which you stated that the information I've requested has not been provided because it is manually stored in the form Microfiche. I also refer to your letter dated XXX in which you advised me that some statement information arising from the period prior to and possibly during 1999 to 2000 is manually stored and doesn't fall within the data subject access of the Data Protection Act.

 

I now suggest you refer to MY letter dated XXX again. I did not request any data from 1999-2000 as you have already sent it to me. I requested XXX-XXX of 2001, which by your own letter suggests that this time frame is not stored manually in the form of microfiche.

If you are stating that 2001 now falls under the this manually stored data, could you please explain why I have the rest of the year?

 

I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have a further X days to reply.

 

Yours sincerely

G1

Halifax

S.A.R - (Subject Access Request) request sent - 14th September

Non-compliance letter- 26th October

Prelim sent-3rd November

LBA sent - 21st November

Settlement rejection offer sent- 28th November

N1 form filed 8th December

PAID IN FULL:D

Barclays

S.A.R - (Subject Access Request) request sent - 26th October

Barclays Acknowledged letter and sent back P.O - 1st November

Barclays sent out statement. Jan-Mar 01 is missing.

Letter for missing statements sent 14th Nov

Barclays sent letter claiming microfiche data

Letter sent back claiming data again 28th November

Non compliance letter sent 8th Dec

Prelim sent-18th January.

LBA sent Pending

Moneyclaim made-Pending

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Try something like this.

 

Dear Mr Townsend,

 

I refer to your letter dated XXX in which you stated that the information I've requested has not been provided because it is manually stored in the form Microfiche.

I draw your attention to the following recent ruling; The Information Commissioner has conducted an investigation and has decided that “Abbey” is breaching its statutory obligations. The Abbey microfiche system is a "relevant filing system".

Whilst I understand this refers specifically to Abbey I believe it bears a great relevance to all banks. I shall therefore inform the Information Commissioner of your actions regarding this matter.

I also refer to your letter dated XXX in which you advised me that some statement information arising from the period prior to and possibly during 1999 to 2000 is manually stored and doesn't fall within the data subject access of the Data Protection Act.

 

I now suggest you refer to MY letter dated XXX again. I did not request any data from 1999-2000 as you have already sent it to me. I requested XXX-XXX of 2001, which by your own letter suggests that this time frame is not stored manually in the form of microfiche.

If you are stating that 2001 now falls under the manually stored data, could you please explain why I have the rest of the year?

 

I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have a further X days to reply.

 

Yours sincerely

  • Haha 1

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Thanks livelylad thats perfect. I'm in an internet cafe printing it off right now.

Halifax

S.A.R - (Subject Access Request) request sent - 14th September

Non-compliance letter- 26th October

Prelim sent-3rd November

LBA sent - 21st November

Settlement rejection offer sent- 28th November

N1 form filed 8th December

PAID IN FULL:D

Barclays

S.A.R - (Subject Access Request) request sent - 26th October

Barclays Acknowledged letter and sent back P.O - 1st November

Barclays sent out statement. Jan-Mar 01 is missing.

Letter for missing statements sent 14th Nov

Barclays sent letter claiming microfiche data

Letter sent back claiming data again 28th November

Non compliance letter sent 8th Dec

Prelim sent-18th January.

LBA sent Pending

Moneyclaim made-Pending

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OK, I got a letter back and it says

We regret that our letter of XX Vo did not address your concern in more detail. The position can be clariified is as follows. On receipt of your letter of XX the service centre, which maintains the database containing duplicate statement information, was contacted to confirm the extent of the information held on your behlaf. In terms of the above account, we are advised there is no additional information to be found.

We must further advise that Barclays does not share your views concerning manually held information, including that held within Microfiche.

Given that this department deals exclusively with information that must be provided due to the DP, Barclays obligation in this respect are discharged.

 

We do appreciate however that this is not satisfactory from your point of view. In the circumstances, we would strongly suggest that you now consult a local Barclays branch for assistance. Further duplicate statement information may be made available on an ordinary customer service basis, rather than a matter to be considered by this department within terms of the DPA.

 

We apologise that our earlier letter gave rise to some confusion and trust that the matter is now clarified.

 

 

So what next? Their 40 days is up tomorrow, and I'll definitely be filing a complaint with the IC. Should I estimate how many charges they owe me, or should I leave it? Any ideas/advice welcomed.

Halifax

S.A.R - (Subject Access Request) request sent - 14th September

Non-compliance letter- 26th October

Prelim sent-3rd November

LBA sent - 21st November

Settlement rejection offer sent- 28th November

N1 form filed 8th December

PAID IN FULL:D

Barclays

S.A.R - (Subject Access Request) request sent - 26th October

Barclays Acknowledged letter and sent back P.O - 1st November

Barclays sent out statement. Jan-Mar 01 is missing.

Letter for missing statements sent 14th Nov

Barclays sent letter claiming microfiche data

Letter sent back claiming data again 28th November

Non compliance letter sent 8th Dec

Prelim sent-18th January.

LBA sent Pending

Moneyclaim made-Pending

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Bump, anyone?

*EDIT*

I've just read the sticky about Barclaycard. Does that apply to normal barclays accounts as well? If so should I write another letter to Mr Townsend telling him that he needs to send my info? Or shall I send another non compliance letter adding that the Information Commissioner have now decided that the their microfiche is now a relevant system? Any help would be appreciated.

Halifax

S.A.R - (Subject Access Request) request sent - 14th September

Non-compliance letter- 26th October

Prelim sent-3rd November

LBA sent - 21st November

Settlement rejection offer sent- 28th November

N1 form filed 8th December

PAID IN FULL:D

Barclays

S.A.R - (Subject Access Request) request sent - 26th October

Barclays Acknowledged letter and sent back P.O - 1st November

Barclays sent out statement. Jan-Mar 01 is missing.

Letter for missing statements sent 14th Nov

Barclays sent letter claiming microfiche data

Letter sent back claiming data again 28th November

Non compliance letter sent 8th Dec

Prelim sent-18th January.

LBA sent Pending

Moneyclaim made-Pending

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Anyone around to answer my questions?

Halifax

S.A.R - (Subject Access Request) request sent - 14th September

Non-compliance letter- 26th October

Prelim sent-3rd November

LBA sent - 21st November

Settlement rejection offer sent- 28th November

N1 form filed 8th December

PAID IN FULL:D

Barclays

S.A.R - (Subject Access Request) request sent - 26th October

Barclays Acknowledged letter and sent back P.O - 1st November

Barclays sent out statement. Jan-Mar 01 is missing.

Letter for missing statements sent 14th Nov

Barclays sent letter claiming microfiche data

Letter sent back claiming data again 28th November

Non compliance letter sent 8th Dec

Prelim sent-18th January.

LBA sent Pending

Moneyclaim made-Pending

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Hi Guapa

 

Nice to here that you're sticking it to Barclays too..

 

Barclaycard are a trading name of a department of Barclays Bank plc. As such you should have confidence that the Information Comissioner's (Information Commissioner)decision in relation to the Microfiche storage system used by Barclaycard bears direct relevence to that used by Barclays the Bank.

 

I have recieved a similar reply from Pete Townsend myself and am intending to reply to the effect that I am aware of the Information Commissioner decision and would be prepared to take the matter before a magistrate to obtain resolution.

 

I am pretty certain that Barclays would rather send out the documents than go through the hassle of a court case. Although if they did, a judge would almost certainly rule in favour of the Information Commissioner decision and against the Bank which would set a precedent that Barclays would not welcome.

 

Good luck with you claim - don't let the swines grind you down.

Paulo Saolo

'If you like it try it, If you don't like it; try it you might like it.'

'Inside every sack of $h!te, there's a spark of gold. Now, it might just be the wrapper off a Caramac, but it's there'

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Thanks Paulo. what I've done is sent them a non compliance letter giving them a further 7 days before starting court action. I've also added the following paragragh.

I refer to your letter dated XX in which you stated that Barclays does not share my views concerning manually held information. Following the Information Commissioners Office decision that Barclaycard PLC microfiche is a relevant filing system and that Barclaycard are a trading name of a department of Barclays Bank plc.

I now expect my S.A.R - (Subject Access Request) to be satisfied in full

Halifax

S.A.R - (Subject Access Request) request sent - 14th September

Non-compliance letter- 26th October

Prelim sent-3rd November

LBA sent - 21st November

Settlement rejection offer sent- 28th November

N1 form filed 8th December

PAID IN FULL:D

Barclays

S.A.R - (Subject Access Request) request sent - 26th October

Barclays Acknowledged letter and sent back P.O - 1st November

Barclays sent out statement. Jan-Mar 01 is missing.

Letter for missing statements sent 14th Nov

Barclays sent letter claiming microfiche data

Letter sent back claiming data again 28th November

Non compliance letter sent 8th Dec

Prelim sent-18th January.

LBA sent Pending

Moneyclaim made-Pending

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Well 7 days is up and nothing, shall I just proceed with my claim, and estimate the three months, or shall I wait?

Halifax

S.A.R - (Subject Access Request) request sent - 14th September

Non-compliance letter- 26th October

Prelim sent-3rd November

LBA sent - 21st November

Settlement rejection offer sent- 28th November

N1 form filed 8th December

PAID IN FULL:D

Barclays

S.A.R - (Subject Access Request) request sent - 26th October

Barclays Acknowledged letter and sent back P.O - 1st November

Barclays sent out statement. Jan-Mar 01 is missing.

Letter for missing statements sent 14th Nov

Barclays sent letter claiming microfiche data

Letter sent back claiming data again 28th November

Non compliance letter sent 8th Dec

Prelim sent-18th January.

LBA sent Pending

Moneyclaim made-Pending

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up to you.. you've made every effort to obtain your data and their intransigence has forced your hand...so why not estimate generously?

 

I had the same prob and ended up estimating 6 years worth, and my claim was accepted.

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  • 3 weeks later...

Right. They finally sent the remaining statements. Mr Townsend must've been spewing. I'm still going to complain to the information comissioner though.

I've been realy slack with this claim, life took over for a while, but now I'm BACK!

I have all my statements together, so I'm going to go through with a highlighter pen and see how much charges I have got.

Halifax

S.A.R - (Subject Access Request) request sent - 14th September

Non-compliance letter- 26th October

Prelim sent-3rd November

LBA sent - 21st November

Settlement rejection offer sent- 28th November

N1 form filed 8th December

PAID IN FULL:D

Barclays

S.A.R - (Subject Access Request) request sent - 26th October

Barclays Acknowledged letter and sent back P.O - 1st November

Barclays sent out statement. Jan-Mar 01 is missing.

Letter for missing statements sent 14th Nov

Barclays sent letter claiming microfiche data

Letter sent back claiming data again 28th November

Non compliance letter sent 8th Dec

Prelim sent-18th January.

LBA sent Pending

Moneyclaim made-Pending

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  • 4 months later...

Hello again all. Yes this claim is still going. I got my AQ through, and am just reading through the ups and downs of it now. The first point is saying that I haven't sent them my details of the account, and I have twice now! Any tips for filling this out will be appreciated!

Halifax

S.A.R - (Subject Access Request) request sent - 14th September

Non-compliance letter- 26th October

Prelim sent-3rd November

LBA sent - 21st November

Settlement rejection offer sent- 28th November

N1 form filed 8th December

PAID IN FULL:D

Barclays

S.A.R - (Subject Access Request) request sent - 26th October

Barclays Acknowledged letter and sent back P.O - 1st November

Barclays sent out statement. Jan-Mar 01 is missing.

Letter for missing statements sent 14th Nov

Barclays sent letter claiming microfiche data

Letter sent back claiming data again 28th November

Non compliance letter sent 8th Dec

Prelim sent-18th January.

LBA sent Pending

Moneyclaim made-Pending

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