Barclays has been very very naughty.

[mrabody]

Dear Barclays,

 

I know there's no love lost between us but you really really really should have at least acknowledged that Subject Access Request I sent you within the 30 day time limit.  I'm a reasonable guy (unlike you lot) and if you'd given some  lame ass excuse about not being able to find my files and needing more time, I'd have cut you some slack.  But here we are, well past the deadline and now I've had to threaten you with a Letter Before Action.   The clock's ticking now and I know you've got this latest piece of correspondence, just as I know you got the SAR.  The N1 is drafted and ready to go.   Tick Tock.

 

Regards

 

mrabody

 

 

[jotty]

Having had similar problems with my mortgage company, i would go straight for the CCJ if its beyond the 30 days. They have had enough notice with the DSAR and should comply. I went for £50 costs and they paid up and sent me the DSAR.

 

 

[mrabody]

I'm a soft touch - they get the benefit of the LBA - though I'll be surprised if I hear anything before the 14 day period is up.   

[jotty]

If you need advice just ask, we need to stop these companies taking the mick 

[mrabody]

If I need help I'll holler.

 

[slick132]

Hi Mrabody,

 

Do you want to tell us what you're looking for from Barclays.

 

Are you looking for recent, old or very old data.

 

Is there a reason you appear so keen to litigate if given the opportunity.

 

[mrabody]

Let's just say that Barclays and I have had a difficult relationship of late and I believe that the SAR will show them to have treated me unfairly contrary to Rule 5.1.1 of the BCOBS.

 

Am I eager to litigate?   I'm eager to get my SAR answered.   If I appear keen to go to court it's because I'm just trying to inspire some peon at Barclays to pull his finger out.   I'm all about positive motivation and giving encouragement.

Edited June 5, 2019 by mrabody
grammar

[BankFodder]

I think that we would very much like to know the story - for the benefit of others.  Have you complained to the ICO?

 

Would you like to show us your draft claim?

[mrabody]

The underlying story behind my SAR will have a thread of it's own at some point.   This thread concerns my SAR request to Barclays.

 

It started with a lovingly hand-crafted SAR addressed to Barclays 1 Churchill Place headquarters and sent via registered post  with copies of two pieces of identification - I'm thorough in this regard: no recipient of one of my SARs is ever going to have any wriggle room to claim they don't know who I am or that they never received it.  

 

That was nearly six weeks ago, and since then not a peep has been heard from Barclays.   

 

Incompetence?   Arrogance?  Who can say - but having given them a few days grace I've now sent them a Letter Before Action together with a copy of the original SAR and the printout of Royal Mail's proof of delivery.  This was sent by registered post as well and I've check and it was duly signed for.   Just in case it was incompetence at their Churchill Place headquarters that was preventing this from getting actioned, I kindly sent additional copies of the SAR and LBA via Facebook Messenger, and I also emailed further copies to some Jes dude who purports to be Barclays CEO.  

 

Admittedly, it's early days yet, but I still haven't heard anything.  Maybe Jes is too busy to drop me a line by email. 

 

Tick Tock Tick Tock Barclays

 

 

Edited June 6, 2019 by mrabody

[mrabody]

And no, I haven't complained to the ICO.   My understanding is that they've been snowed under with complaints since GDPR came into effect.  Small Claims Court is easier and quicker and most importantly, control of the process remains with me.   

Edited June 6, 2019 by mrabody

[BankFodder]

An ICO complaint doesn't exclude a legal action.  They can run in parallel. If you get an opinion from the ICO that there has probably been a breach - then that is very helpful.

 

Have you drafted your claim yet?

[mrabody]

I've drafted the claim for the N1.  I haven't drafted the particulars of claim yet. 

 

With respect to the ICO, having been told by the defendant solicitors in another GDPR matter I recently settled  that "The ICO is better placed than the court to decide such issues (it is the UK authority empowered to look at DPA complaints) and my client is content to be bound by any decision the ICO makes in that regard."  doesn't inspire much confidence in it.  

[jotty]

The ICO like the equally poor FOS can only issue directions that if necessary can be pursued through civil enforcement. In my case following excellent advice on here I did both ICO and a claim via MCOL for £50 token damages.

 

The court was settled, paid and info sent within a week and 5 months on I am still waiting for any contact from the ICO. 

[mrabody]

Well, colour me surprised. Barclays seems to be taking this seriously.   Today I received in the post a letter from TLT Solicitors who advise me that they are awaiting instructions from their client on this matter.   Barclays seems to have acted with alacrity in this as the letter is dated a mere three days after my Letter Before Action was sent.

 

Of course, past performance is no guarantee of future conduct.    Time runs on.   Tick Tock.

[mrabody]

Now, I could leave this be for the time being and await further communications from Barclays' solicitors but I'm a believer staying on the offence so I've dashed off a quick email asking whether TLT are authorised to accept service should it be necessary to issue a claim.

 

 

[jotty]

My advice is not to over complicate it, give them the 30 days or whatever you said in the letter and if not go straight to MCOL and claim for costs relating to your request ie £50 because you have had to chase them for the DSAR, I have sample wording if you need it.

 

They will have a cut off point to challenge based on costs and it will cost a damn sight more than £50 to employ the clowns at TLT to challenge in court.

[mrabody]

There's nothing complicated at all.  The LBA allowed them 14 days to make a substantive reply.  Either they do or they don't.   

[jotty]

Well if they dont then go for it.

[mrabody]

I did get a couple of replies from Barclays - of sorts.   First they wrote to advise me that they were unable to comply with my Subject Access Request because after conducting a search they could find no evidence that I had ever bought a Standard Life product from them.  I'm glad that's settled - as I too was unaware that I might have bought a Standard Life product!   Pity they didn't actually bother looking for the account information that I had referenced (hint hint guys,  it's explicitly referred at the beginning of my Subject Access Request). 

 

A day or so later I got an email from their solicitors asking for a fortnight's extension.  I sent them a copy of Barclay's correspondence - pointing out that it's an insult to my intelligence and granted them an extra week which expires tomorrow.

 

Having just got back yesterday from overseas I found that Barclay's has sent another letter acknowledging my SAR and advising that they might phone me to discuss my request and confirm my identity (What do you mean "confirm" Kemosabe?  I sent sufficient documentary proof with the original SAR way back on 26th of April 2019 ).   Following that they advise it may take them up to 30 days to fulfill my request though it could take up to 90 if they decide it's complex.  Undoubtedly for such bears of little brains it IS complex.

 

At this pace I could have granted them an extension of six months and I wager I'd still have to issue proceedings.

 

Muppets. 

Edited June 24, 2019 by mrabody

[mrabody]

Heigh Ho! Heigh Ho!  It's off to court we go!

 

Claim form submitted to MCOL last night.

[jotty]

3 minutes ago, mrabody said:

Heigh Ho! Heigh Ho!  It's off to court we go!

 

Claim form submitted to MCOL last night.

 

When they send you the cheque, which is likely as they hope you will run to the sweetie shop and spend it, try not to cash it unless they offer the required info, but just hold onto it in case they forget to tell the court and then judgement will be issued on your request.

 

As Corporal Jones would say "They don't like it up em"

[mrabody]

Their solicitor as advised that they are still trying to assemble a substantive response.   I replied to say that while I'd very much appreciate a substantive response at this stage due to Barclay's pattern of ignoring, obfuscating, and delaying any such substantive response to my SAR, it wouldn't be sufficient to end the court action - only a complete admission will do that.

 

Edited June 26, 2019 by mrabody

[mrabody]

Claim form and Particulars of Claim Issued and served.   Service has been acknowledged by their solicitors, TLT LLC.  In the meantime, TLT send a letter saying that Barclays does really really intend to honour my SAR request.   More entertainingly though, they don't believe they owe me anything.  With respect to damages, the letter concluded on the following note.

 

"Damages 

 

With regards to your request for "non-material damages" and "exemplary damages", these claims do not appear to have any legal basis. We would like to remind you that the General Data Protection Regulations (GDPR) does not confer on the Bank some sort of duty of care that, if breached, entitles you to a monetary claim as you appear to believe. 

 

The Bank does not view itself as being liable to you for any sum of damages and/or compensation. 

 

We trust that the above clearly explains the Bank's position. "

 

I could have just left it and allowed them to humiliate themselves in front of the court  but being the kindly person that I am I sent a helpful email pointing out the relevant sections of the GDPR and the DPA 2018 and suggested that they make the effort to read them.

 

SMH.

Edited July 6, 2019 by mrabody

[jotty]

I am a step in front with my claim, they have written and said they will pay the claim but I haven’t received the cheque yet for £100 and neither do I have the SAR so I have requested and got Judgement. I now need to be sure that if I request Bailiffs and pay the £75 fee it isn’t going to bite me because of the kind of argument you also have from Barclays. I guess we are in unknown waters on this.

[mrabody]

So today I finally received Barclay's "substantive" disclosure of my personal data.  Incomplete of course.  And there was the small matter of Barclay's including somebody else's personal data mixed in amongst mine.  Since this data included the person's email, I emailed and advised them of Barclay's failure to keep their data secure.  I believe Barclays will shortly be receiving another complaint.

 

Ah Barclays, your malice is only matched by your incompetence.  Needless to say, the court case continues.

Edited July 8, 2019 by mrabody