I've been microfished!!!

[simon.woodhouse]

Righteo, surprise surprise B@stardcard have microfished me! They have sent my statements from May 2004 onwards.

 

Now my options are:

 

1. Send them this letter:

xx insert name from letter xx

Regulatory Compliance

Abbey National plc

Abbey House

201 Grafton Gate East

Milton Keynes

MK9 1AN

 

xx/xx/xx

 

Data Protection Act disclosure request

 

Dear xxxxxxxxxxx

 

Account Number: xxxxxxxxx

 

I am in receipt of your letter dated xx/xx/xx, outlining that you database only allows you to provide me with printouts covering recent transactions on my account, and that any earlier information has been archived onto microfiche. (*I also acknowledge receipt of the information you forwarded.) *assuming they have sent you some.

 

My request was for a complete list of transactions and charges relating to my account since xx/xx/xx – in short, a list of charges with dates and amounts – alternatively, a complete set of account statements for that period will 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 understand that your microfiche system was recently inspected by a team from the Information Commissioners Office, and that they have ruled that your system is a Relevant Filing System under the terms of the Data Protection Act. I therefore expect you to fully comply with my request within the prescribed 40-day timescale.

 

This letter has been sent by first class recorded delivery, and therefore should have reached you by xx/xx/xx (insert next working day after posting) – as you will be aware, as of this date you have just XX days (insert days remaining since they received your original request) in which to comply with my request. As stated above, a complete set of account statements for the period in question will be acceptable; however, I expect this to be provided within the time period for Data Protection Act compliance.

 

Should there be any further attempts to delay compliance, I will be left with no alternative but to commence a County Court action under section 7, and section 15(2) of the Data Protection Act 1998, and in due course, escalate this matter into an official complaint to the Information Commissioner and the FSA.

 

Obviously ammend the Abbey part slightly!

 

I would put in the date the origional S.A.R - (Subject Access Request) will expire.

 

2. Make a claim for the charges in the statements they have sent and send that letter. I am worried that by doing this i would jeperdise my chance to claim the rest.

 

I saw a thread on this recently on the Abbey forum but I'm being a bit of a flid and can't find it. If someone could give me the link I'd be happy as larry!

 

Has anyone used the "Hay Barclaycard look what happened to Abbey so sort it out" argument yet?

 

Cheers guys,

 

Simon.

[elizabeth1]

Not yet - but I intend to the next time I am "microfiched"

 

Let's see how that winds them up shall we??

[noomill060]

I phoned the IM's office in Cheshire yesterday, the person I spoke to told me that they were still "having discussions" with Barclaycrud about the mircofish situation.

 

Their 40 days have expired for my SAR and she told me just to send an official complaint to the IM and they would take things from there.

[noomill060]

Youre luckier than me, simon. They sent me the May2004 microfish blx letter, but the bu99as then only sent me out statements from Aprril 2005!

 

They cant even be obtructive with any consistancy!

[noomill060]

But the charges in those statements, if averaged out over the last 6 years work out at .83 charges per statement!

 

(Should I put an estimated claim in for 60oddx £20 charges plus 6 years contractual interest?)

[elizabeth1]

noom - it's their way of stalling you etc.. - you can complain to the information commissioner - if you go on the abbey threads you'll see loads of similar talk in there of this microfiche stuff - don't be disheartened and fobbed off - have a read around and put in an official complaint - I am sure there is a complaint form on here somewhere in a sticky (I am hoping someone can come in here and put a link to it for you) - there is even some stuff of what to put on the complaint forms on the abbey threads which may help you a little.

 

Seems these companies will always find excuses? Just fight them back and let them know you know they were wrong!!!

[noomill060]

Hello elizabeth! up late as well? I sent off the complaint to the IM's office yesterday.

 

The nice lady I spoke today gave an audible sigh when I mentioned Barclaycrud and the infamous microfish monster!

 

I think they are losing very rapidly patience with the crowd of gangsters in Churchil Place!

[noomill060]

or even very rapidly losing patience with them! (Its late, Im off to bed!)

[elizabeth1]

Noom - people will lose patience - even the courts where people are needlessly having to file cases to get their money back etc.. - you see as word is spreading now more people are claiming etc.. - so the banks complaints depts are very busy??

 

But like we know - eventually these companies will have to fall in line - not many more excuses they can come out with are there?

 

Nite - my bedtime too - I get so engrosed reading what these banks are up to - I spent hours here again tonight!!

[noomill060]

Yes, elizabeth, its very addictive reading all this. Never thought that the law could be so interesting! Maybe I missed my calling.

[The_Badger]

The form for a complaint to the Info Commisioner is on their website - you can fill it out electronically and send it via the web if you have no supporting documents (or electronic docs) but I had a hard copy letter to include so printed out the form and sent it snail mail. Not heard back yet so I'll chase it tommorrow but I suspect the IC is overrun at the moment with B@stardcard complaints.

 

The form is here: http://www.ico.gov.uk/upload/documents/library/data_protection/forms/data_protection_complaint_form.doc

 

or if you're filling it out by hand:

http://www.ico.gov.uk/upload/documents/library/data_protection/forms/data_protection_complaints_form.pdf

 

Hope that helps

 

The Badger

[The_Badger]

See the information posted in the sticky area of the Barclays / Barclaycard forum - someone has a letter from the IC with a judgement that the microfiche records are a "Structured and Relevant Filing System"

 

So its official - they have to send them to you!

 

;0)

[noomill060]

Not only that, but the Informatuion Commissioner is encouraging those microfished to persue Barclaycrud for damages.

 

I wonder if we should include this action in with our action to reclaim charges etc?

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/50152-barclaycard-microfiche-they-wrong.html