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Barclays breach the GDPR ??


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Andy,

how are Barclays going to explain why they levied over £1100 in charges and interest on the account when they had no contractual right to do so??

Edited by paulwlton

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

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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.

The only businesses more hated than banks are debt collectors, and unlike Banks they're not a necessary evil.   In my (admittedly brief) experience, the quickest responses I've had to Subject Access R

Letter going off today.      On the 25th February 2008 I received a letter advising that I was in an unauthorised overdraft position and if I failed to comply with a balance reduction p

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probably historic charges which is what I said earlier that's why they so readily zero'd the balance then had a change of heart..or left leg didn't know what right leg was doing/had already doneagreed..debt sell off dept will be totally sep to the lot that zero'd the bal as a GOGW.

 

dx

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DCA's view debtors as suckers, marks and mugs

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But the debt was written off or just showing as zero balance ....has this amount appeared after their letter or was it included before they informed you of zero amount ?

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23 minutes ago, Andyorch said:

But the debt was written off or just showing as zero balance ....has this amount appeared after their letter or was it included before they informed you of zero amount ?

 

It was included. The terms of a basic account doesn’t allow for an overdraft or interest charges. 

Like dx has stated they probably new the historical charges were dodgy any way. 

 

 

 

 

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

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The previous letter was addressed to the complaints team - Thought it wise to address one to the data controller as well.

 

does it seem ok??

 

 

 

 

FTAO Data Controller.

 

Data Breach.

Dated 15 June 2019

On the 15th May 2019, my account was closed with an end balance of zero.

 

On the 04th June 2019 my personal details, including an incorrect account balance of  - £xxxxxxx was shared with a debt collection agency called Arvato Financial Solutions Ltd. Barclays disclosed the said data without my consent. Article 7, Recital 32 of the General Data Protection Regulations (GDPR) requires that data controllers obtain a data subjects valid consent before sharing their personal data.

 

The banks lawful basis for sharing in my situation would be either consent, legitimate interest or the performance of a contract.

 

The consent basis has already been dealt with and is invalid as per above. The performance of a contract doesn’t get off the ground as it ceased to exist after the account was closed, and any legitimate interest fails as the purpose to share would be to recover an outstanding balance.

 

In addition to the foregoing, the bank continues to register an incorrect outstanding balance on my credit file after giving me assurance that it would be removed on the first of February 2019. The incorrect data continues to cause damage.

 

The disclosure was unlawful and has caused stress, anxiety and embarrassment, accordingly I seek moral damages pursuant Article 82 GDP.

 

In the event you deny breach I will submit a claim to the ICO and seek damages through the court.

 

I require your response within 14 days.

 

Yours Faithfully 

 

Edited by paulwlton

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

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  • 4 weeks later...

Barclays stated that they would "certainly" provide an update on the complaint by the 8th July. No update received today, so I called the complaints manager who now requires a further two weeks. 

 

 

 

 

 

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

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Barclays stated that they would "certainly" provide an update on the complaint by the 8th July. No update received today, so I called the complaints manager who now requires a further two weeks. 

 

 

 

 

Spoke with Arvatos Data Protection Officer earlier today.  - Time to bring them into play.

 

Arvato Financial Solutions Ltd

24 George Square

Glasgow

G21EG

 

FTAO Data Protection Officer.

 

Ref: 

 

Dear Mrs  

 

On the 5thJune 2019 Arvato Financial Solutions Ltd received incorrect data from Barclays Bank PLC, which consisted of my name, address and an outstanding balance which remained payable to your client. I have recently read Arvato’s privacy notice which sets out your lawful basis for processing personal data. 

 

My complaint is as follows.

 

Your privacy notice states that the purpose for processing personal data and the reason for “contacting you” is to arrange repayment of “your outstanding balance”, and the legal basis for processing is ‘for the performance of a contract to which the data subject is party to”

 

On the 15thMay 2019 the balance was settled and my contract ended. It appears you accepted my personal data without requesting strict proof that either a balance was payable or a contract was performing. 

 

You stated earlier that Arvatos accepts data from Barclays in good faith and that you have no other policies in place to avoid data breach. I suggest you implement a policy that requires your client to provide you with up to date bank statements as your system is clearly defective.

 

I hold both Arvato and Barclays joint responsible for the distress and embarrassment that has emmenated from the data breach and require compensation pursuant Article 82. Should you circumvent my complaint and/or deny data breach I shall submit a complaint to the ICO.

 

Yours Sincerely 

 

 

 

 

 

 

 

 

 

 

 

 

Edited by paulwlton

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

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3 minutes ago, fkofilee said:

Well worded :)

 

 

Within five minutes of contacting Avorto this morning their data protection officer called me even though she's out of office.

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52 minutes ago, paulwlton said:

 

 

Within five minutes of contacting Avorto this morning their data protection officer called me even though she's out of office.

 

The only businesses more hated than banks are debt collectors, and unlike Banks they're not a necessary evil.   In my (admittedly brief) experience, the quickest responses I've had to Subject Access Requests since the GDPR regime came into effect are from DCAs and Bailiffs.

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  • 2 weeks later...

Barclays just called, they say the disclosure was down to human error and internal process. They've offered £150 in compensation.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Not enough

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4 minutes ago, BankFodder said:

Not enough

 

Thats what I told them.

 

Ill post the letter once i receive it.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

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4 minutes ago, fkofilee said:

Wow... That's terrible... 

 

I can see this getting messy now.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

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18 hours ago, fkofilee said:

So can I... 

 

Just called recoveries - their system continues to show a balance owing????

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Wow...Send a DSAR to find out more I think. Maybe contact the complaints handler and ask why action hasnt been taken even though you reject compo.

 

We could do with some help from you.

 

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3 minutes ago, fkofilee said:

Wow...Send a DSAR to find out more I think. Maybe contact the complaints handler and ask why action hasnt been taken even though you reject compo.

 

Ive just sent a right of access off. Ive requested ALL data from the collection and recoveries department, including telephone recordings etc. Hitherto Barclays have witheld the data Ive requested and have only supplied bank statements prior to collection.

 

Ive spoken with the recoveries department on a number of occasions and it was confirmed that the account was sent to recoveries from the collection department on the 29th May, two weeks after the balance was settled. the complaints handler stated yesterday that they held no further data and in their view they had complied. ??

 

The complaints handler is calling me today.

 

 

 

 

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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  • 2 weeks later...

 Barclays say they had a legal basis to share because the outstanding balance was showing on their recoveries system, but they then state "Had we taken the correct steps to "update" the account as we intended, this would never have happened"....I note they've not supplied the dates the account was transferred between departments and to the third party, this will show when they reply to my data request. 

 

They have fallen foul of Principle (d) GDPR for sharing data that was neither accurate nor up to date. 

 

Is £150 enough??????????

 

 

 

barclay letter.pdf

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

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Short answer  - No... 

But if it goes to the FOS - They will consider the amount of compensation to include the balance that was written off I imagine.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

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4 minutes ago, fkofilee said:

Short answer  - No... 

But if it goes to the FOS - They will consider the amount of compensation to include the balance that was written off I imagine.

 

At the minimum I’ll submit a concern to the ICO. 

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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  • 1 year later...

open

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Just to update.

 

Barclays claimed they never terminated the account which therefore allowed the account to continue as "active" for 10 years on the credit file. This claim is now incorrect. Yesterday I found the termination notice dated 2008. 

 

 

 

 

 

 

 

Edited by paulwlton

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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