Barclays breach the GDPR ??

[paulwlton]

Barclays have just forwarded my wifes details, including an account overdraft balance that no longer exists to a DCA. 

 

In my view Barclays has contravened the GDPR.

[BankFodder]

Of course they are entitled to share details with third parties – but if they are sharing inaccurate data then that is certainly a breach of the DPA.

How has this affected you or your wife?

[fkofilee]

Simple Answer - No they havent... 

 

There is a "Legitimate Interest" to chase this account

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/legitimate-interests/what-is-the-legitimate-interests-basis/

 

ICO specifically dictates on DCA and GDPR

[paulwlton]

13 minutes ago, BankFodder said:

Of course they are entitled to share details with third parties – but if they are sharing inaccurate data then that is certainly a breach of the DPA.

How has this affected you or your wife?

 

 

They're only allowed to share personal data if they have a lawful basis for doing so. Unfortunatley Barclays haven't got one. 

[BankFodder]

But you haven't answered the question - how has it affected you?

[paulwlton]

5 minutes ago, fkofilee said:

Simple Answer - No they havent... 

 

There is a "Legitimate Interest" to chase this account

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/legitimate-interests/what-is-the-legitimate-interests-basis/

 

ICO specifically dictates on DCA and GDPR

 

They have no legitimate interest to chase an account debt that does not exist. 

[BankFodder]

Please will you answer my question or else we can't really help you

[fkofilee]

What is the cause for it not to exist. I would suggest following Bankfodders chain of thought here...

Tell us more... 

[paulwlton]

15 minutes ago, BankFodder said:

But you haven't answered the question - how has it affected you?

 

Barclays previously stated that they wold not pursue the amount as no payment has been made on the account since 2008. After receiving the letter confirming they had sent the balance to a DCA for recovery she was obviously stressed due to Barclays reneging on their promise.

 

The account is zero, it was wiped clean in February this year and Barclays are to remove the debt of her credit file.

 

Ill submit a complaint to Barclays and see what their response is. 

Edited June 9, 2019 by paulwlton

[BankFodder]

Okay thanks. Presumably you haven't heard anything from the DCA.

You are certainly correct to put in a complaint to Barclays. Ultimately because I know you have some experience of this, I would suggest a small legal action against Barclays simply to put the boot in and to get to a 300 quid out of them in compensation.

I would suggest that you make an immediate complaint to the ICO. Not they will make any difference but you should eventually receive an email from them saying that in their opinion Barclays are likely to have breached the DPA. This will be very helpful to you when beginning a claim and then negotiating a settlement.

[fkofilee]

Right okay hang on a second... 

Smokes and mirrors doesnt work for me  

 

So Barclays wrote off the account itself and would pursue it but did they actually make the Balance £0? 

 

Honestly if they have messed up - I agree that a compensation would be due for Maladministration and stress etc 

Paul - We'd like to help but you need to tell us more. 

[paulwlton]

Just now, BankFodder said:

Okay thanks. Presumably you haven't heard anything from the DCA.

You are certainly correct to put in a complaint to Barclays. Ultimately because I know you have some experience of this, I would suggest a small legal action against Barclays simply to put the boot in and to get to a 300 quid out of them in compensation.

I would suggest that you make an immediate complaint to the ICO. Not they will make any difference but you should eventually receive an email from them saying that in their opinion Barclays are likely to have breached the DPA. This will be very helpful to you when beginning a claim and then negotiating a settlement.

 

The letter my wife received from Barclays includes.

 

On the first of February 2019, well reduce the balance to zero and close the account. This means that you won't owe us any money in connection with this account. 

 

well delete any record of the outstanding balance on the this account from your credit file. 

 

My wife is currently off work with stress and anxiety after the death of her father, so the letter she received on Saturday wasn't welcome at all.

[fkofilee]

In that case  - They havent done their job properly. 

Can i suggest you go to the CEOs office? They wont take 8 weeks to resolve it for you.

 

[paulwlton]

Ive recently submitted a complaint due to the fact they have not updated her credit file. They apologised and  sent her  a cheque for £450.

 

They've really messed up with this and should not have shared personal data with a third party has they had no lawful basis to do so.

[fkofilee]

Hence why the CEOs office is most appropriate for this. 

Also the "Legitimate Interest" that I spoke about is revoked in this sort of case because as you quite rightly say - There was no requirement to outsource a n account that had been zeroed.

[paulwlton]

18 minutes ago, fkofilee said:

Right okay hang on a second... 

Smokes and mirrors doesnt work for me  

 

So Barclays wrote off the account itself and would pursue it but did they actually make the Balance £0? 

 

Honestly if they have messed up - I agree that a compensation would be due for Maladministration and stress etc 

Paul - We'd like to help but you need to tell us more. 

 

Yes!!!!!!!!

[BankFodder]

By all means go to the CEOs office if you think that it will be more effective – but the most important thing is not to be controlled by their timescales. They will automatically want an eight week delay. I think you need to lay on the line that two weeks is more than adequate.

Tell them that you want a response within two weeks not prepared to accept their timescales. You can point out to them the litigation that you engaged in not too long ago against RBS and tell them that you are not prepared to stand for any nonsense. Tell them that you are well aware that they have breached their statutory duty and that you are prepared to take legal action.

Most people in this situation I would advise to take a more cautious approach but knowing that you have already cut your teeth on this kind of stuff, I think you should simply wade in and take no quarter

[paulwlton]

I agree. Looking forward to this.

 

 

 

 

[paulwlton]

Im not going to bother with the ICO - they're useless. Ive got a complaint going through the Parliamentary Ombudsman against them at the moment.

 

Is the letter ok?

 

Regards

 

 

 

 

 

Quote

 

Dear -------------

 

On the 22^nd April 2019 you provided me with the banks response to my complaint against the way the bank has handled my account. You supported my complaint and acknowledged that the bank had failed to close my account, remove the outstanding balance and delete the same from my credit file. The letter contained an offer of £450 for the ‘significant delay” in making the amendments and for the distress and inconvenience the matter had caused. The letter stated that “we wont be taking steps to pursue payment of the balance”.

 

On the 15^th May 2019 the bank closed my account and the balance was set to zero. This was circa ten weeks after the initial agreed date. Please note, that hitherto, you've failed to delete the account balance from my credit file after you informed me that you would do so eight weeks beginning the the 2nd April.

 

On the 6^th June 2019 I received a letter from Barclays Collections & Recoveries Department advising that my account had been transferred to a debt recovery agency and that I was requested to make contact in order to establish an affordable arrangement for payment of the debt.

 

My new complaint is as follows;

 

You made a promise not to pursue the balance and therefore the doctrine of estoppel and or latches would be a defence to any claim. I have also made you aware that the debt is time barred by Section 5 Limitation Act 1980. There was never an agreed overdraft limit, the accounts terms and conditions clearly state that there was no arranged overdraft or emergency borrowing, and that if the account went overdrawn I would have to pay the money back immediately.  the last payment was in 2008 and no acknowledgement has been made since. You continue to claim that the account is not time barred because the bank has provided yearly statements, this is nonsense and intended to mislead. The banks cause of action was at the time the account went overdrawn.

 

You have now passed on my name and address to a third party showing a debt owed to Barclays of £------ when you had no legal basis to share my personal data. You have breached the General Data Protection Regulation/Data Protection Act 2018.

 

I lost my Father several weeks ago and my GP has signed me off work due to stress and anxiety and the fact that you have now decided to renege on your promise has compounded this.

 

I give you fourteen days to provide me with a full detailed explanation why you believe the account is not time barred, what legal basis you have for disclosing my data to a third party and why you have not deleted the negative data from my credit file.

Should it transpire that you have breached Data Protection laws my husband (Paul Walton) will issue a claim on my behalf in the county court for compensation under Article 82 GDPR.

 

Yours Sincerely

 

 

 

 

 

 

[BankFodder]

It is "laches"

Also, I'm not sure that laches or estoppel would amount to a defence and I don't think that you should say these things in case the letter happens to be read by someone who knows a bit more law than you do.

Also, you say that Barclays have "no legal basis blah blah blah". This is not strictly true. They are entitled to share your data to third parties for valid reasons. The basis of your complaint so far as I can gather is that the data they have shared is inaccurate. By simply making a very generalised "no legal basis", you are once again opening the door to them to start justifying what they have done.

If you going to write these kinds of letter then I think that you need to be more precise about your wording

[paulwlton]

I take your advice about laches and estoppel even though i think they both hold weight. Ill stick to the GDPR.

 

The valid reason to share would be to recover a debt, as no debt exists theres no valid reason?

 

Ill sort the letter out and keep it short and to the point.

 

 

 

 

[dx100uk]

p'haps angle more toward the SB and compo?

it should not be on her credit file past 6yrs, and has caused damage since 2014 to her rating/worthiness 

no payments have been made since 2008.

regardless to what Barclays think it should not have been showing?

[paulwlton]

You're spot on there dx.

 

 

[paulwlton]

7 hours ago, BankFodder said:

It is "laches"

Also, I'm not sure that laches or estoppel would amount to a defence and I don't think that you should say these things in case the letter happens to be read by someone who knows a bit more law than you do.

Also, you say that Barclays have "no legal basis blah blah blah". This is not strictly true. They are entitled to share your data to third parties for valid reasons. The basis of your complaint so far as I can gather is that the data they have shared is inaccurate. By simply making a very generalised "no legal basis", you are once again opening the door to them to start justifying what they have done.

If you going to write these kinds of letter then I think that you need to be more precise about your wording

 

Important. Could you please state what legal basis Barclays has applied in order to share the data without first obtaining consent. There are limited lawful reasons to do so.

Edited June 9, 2019 by paulwlton

[dx100uk]

they obtained consent when you agreed to open the account.

not really sure you've got anywhere to go under gdpr pers.

 

certainly have if the sb date has past though on many fronts.

 

cant see how they are even allowed to sell it on if all that's kept it alive all these years are their charges which I assume is why they zero'd it anyway, no skin off their nose.