Barclaycard & Microfiche - they are wrong - OFFICIAL

[papadak]

Hi all on this swirly, windy North London day!

 

My story in as brief as poss, so bear with me.

 

I sent my first letter to Barclaycard 2nd Feb 2007 (so the 40 day limit is now up) & here was their reply ...

 

DATA PROTECTION ACT 1998 - SAR

 

"Further to your request for copies of your credit card statements, we are writing to let you know about 2 things; 1st to enclose part of the information you have requested and 2nd; to explain the position with regard to the other statements you asked for.

 

Enclosed you will find copies of your credit card statements from May 2004 to the present time. These statements are stored on comnputer. We will be sending your statements prior to this date later. These statements are stored on microfilm (rather than computer) and take more time to search and reproduce. We will get this information to you as soon as we can. This is likely to be within the next 6 weeks or so.

 

Statements requests are being processed in the order in which they have been received to seek to ensure fairness. The Data Protection regulator, the Information Commissioner, has been made aware of the position and knows that we are writing to you in these terms. The Information Commissioner is also aware that whilst we are endeavouring to supply this information as quickly as we can, we do not consider that the microfilm statements fall within the scope of the Data Protection Act 1998. Nevertheless, we are happy to provide these as a gesture of goodwill."

 

I have waited long enough for this info and now they are dragging their heels further! ... Any advise what to do next please???:idea:

 

 

 

[achuaran]

Sent my SAR on 26th Feb. Same reply as yours, received on 9th March. As someone pointed out on another thread - Woolwich - STICK TO YOUR DEADLINE. They may not agree with with the Information Commissioner, but that's just too bad, they have to comply.

[papadak]

OK, thanks ... is there a template reply to my query please?

[noomill060]

Heres what i wrote:

 

Didnt do any good, so I started legal action to enforce my rights under DPA. They have until begining of April to respond to the Court.

 

My addresss

 

Adrian Whalley

Barclays Data Protection

Radbroke Hall

Knutsford

Cheshire

WA16 9EU

 

xx jan 2007

 

 

LETTER BEFORE ACTION

Sections 7, 13 and 15(2)– Data Protection Act 1998

 

Dear Mr Whalley

 

ACCOUNT NUMBER: xxxxxxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated xx xxxxxxx 2006. The disclosure of personal data is incomplete and you have failed to provide the data requested.

Earlier this month The Information Commissioner instructed Barclaycard to provide me with all the data I originally requested, stating that Barclaycard are in breach of the Data Protection protocols. You have 7 days to provide the data requested.

May I also point out that, on the 21/11/06 a Royal Bank of Scotland customer was

granted a County Court order in respect of the failure by the Royal Bank of Scotland to comply with his disclosure request under the Data Protection Act.

District Judge Forrester, making the order commented that had the claimant been able

to supply him with the name of the data controller at the Royal Bank of Scotland, that he would have added a threat of imprisonment for non-compliance.

I suggest you consider your failure to comply carefully, I require this information to be sent to me within 7 days of receipt of this letter.

Should there be any further attempts to delay compliance, ADRIAN WHALLEY,

I will be left with no alternative but to commence a County Court action under sections 7, 13 and 15(2) of the Data Protection Act 1998, naming you as Data Controller .

 

 

 

 

Yours sincerely,

[papadak]

Thanks, there appears to be a lot of the same happening here!

[badhairweek]

Hi. Wish I'd read this thread before starting process with Barclaycard. Anyway 40 days past so I filed a complaint with the ICO and my statements arrived the following week. They did mumble about storing data on microfilm and it not falling within a "relevant filing system" but as a gesture of goodwill (?) they did manage to copy my statements before May 2004.

Now I'm waiting for £730. Happy Days!

[papadak]

Hi does anybody out there have a telephone contact for Barclaycard ... the 40 days is nearly up .... thanks

[noomill060]

Why would you want to ring them?

 

If they fail to comply this is their problem, not yours.

 

Just make official complaint to the ICO and wait for the outcome, then issue small claim court claim for damages and an order that they comply with your SAR.

[papadak]

U r right! Maybe this is what I should do ... have you had an experience yourself with BC? what is a reasonable amount to clim for in damages?

[sparks]

Heres what i wrote:

 

I started legal action to enforce my rights under DPA. They have until begining of April to respond to the Court.,

 

Hi noomill060,

 

I am struggling to get my Data from the Woolwich - same team as Barclays - sent my LBA last weeks.

 

Despite 3 letters confirmed by Royal Mail as recieved and signed for, they say they have no knowledge of my SAR!!!

 

I want to get on with taking them to court for non complience.

 

Can you let me know whether you have submitted your N1 or MCOL? Im wondering what to put down as my claim - other than cost of postage ...would really apreciate your advice.

 

thanks

[noomill060]

Just start a claim against them for an order unders s.7 and s.15(2) of the Data Protection Act using the appropriate template letter from the CAG library.

 

My girlfriend also sent a SAR to the Woolly Monster and had no response. We're filing at Court tomorrow.

 

Oh and Barclaycard actually put a defence in against my claim against them!

 

Also sent a letter offering to comply and refund my Court fee.

 

(The silly bu99as dont realise they sent me my statements in March!)

 

Im standing firm for all the time and postage it has cost me to get them to comply.

 

Alternatively, I will accept my statements from 1986 (with £ots and £ots of £ove£y rec£aimab£e charge$ and 21 years of compounded intere$t, at 19.8%, on them!)

 

Im in Court with Barclaycruds solicitors on 12 May. If they can be bothered to put in an appearence!

[sparks]

Im standing firm for all the time and postage it has cost me to get them to comply.

 

 

Thanks noomill060 for your helpful response.

 

I have filled in teh N1 form using the CAG template - just not sure what to put as my costs - is there a standard hourly rate I should use to cover all my time on this???

 

Good luck in court in May

 

Sparks

[noomill060]

Just put £20 as the amount you want back- the main purpose of this is to get your statements as fast as possible, so you can claim the real money back.

 

A £20 claim will cost around £16 in Court fees and you will get this back, as well as the satisfaction of having forced Woolwich to comply with their legal obligations.

 

Just go for it.

[noomill060]

In retrospect I should have simply claimed a nominal sum as well, but I claimed £200, gawd knows how I'm gonna justify this to a Judge!

[sparks]

 

Just go for it.

 

Thanks I will - tomorrow...let me know how you get on with yours

[CraigZ]

I sent SAR about a year ago, and got stalled with microfiche stuff & sent only statements from May 04 & computer print out. Have I left it too late to demand the statements under the new ruling, or will I have to send a new SAR now?

Thanks

[noomill060]

Here are my PoCs and Barclaycard's defence in my claim against Barclaycard for non-compliance of my S.A.R - (Subject Access Request) of last October.

 

I have now recieved all the data I requested and all that remains is my claim for damages. Maybe I should quit while I'm ahead? £200 is pushing it a bit! The full hearing is on May 15.

 

Barclaycard have offered to pay my Court fee of £36.

 

I have offered to accept my statements from 1986 in lieu of damages claimed. They have told me that these are not available as they only keep copy statements for a period of 6 years. They have not said that this data has been destroyed.

 

 

 

PARTICULARS OF CLAIM

 

1. The Respondent is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Applicant is a Subject.

 

2. The Applicant had an account number XXXXXXXXXXXXXXXX("the Account") with the Respondent which was opened on or around December 1999

 

3. On 4 October 2006 the Applicant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Respondent .

 

4. The Respondent has failed to comply, despite being directly instructed to do so by the Information Commissioner on or around 4 January 2007.

 

5. By virtue of the Respondent's failure to comply with the Subject Access Request the Applicant has suffered damage.

 

6. The damage caused is:

 

Extra costs incurred in addition to Court costs, due to the Respondent’s failure to comply- this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice. I estimate this cost to be £200.

 

7. The Applicant seeks an order that the Respondent do comply with the Applicant’s Subject Access Request

 

8. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Respondent contests that information requested under the Applicant’s Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Applicant requests that the Court inspects that information, and where it finds that the Respondent's opinion is unfounded, that it orders such information be included within the information supplied to the Applicant under his Subject Access Request.

9.The Applicant notes that, in the view of the Information Commissioner, it is likely that the respondent has contravened the sixth data protection principle, as this requires data controllers to process personal data in accordance with data subjects right’s.

10. Applicant claims:

(a) £200 extra costs incurred in addition to Court costs due to the Respondent’s failure to comply with the Applicant’s Subject Access Request.

b)£6.56 interest under the 1984 County Court Act rate of 8%, increasing at a daily rate of £0.05 per day until settlement.

11. Settlement to be made in the form of cleared funds drawn on a cheque or banker’s draft, to be received within 7 days of decree.

 

12. Damages and costs within the discretion of the Court.

 

I believe that the contents of these particulars of claim are true

 

Signed:

 

 

Date:

 

 

 

 

 

Barclaycards defence. James, Boston & Sullivan, Solicitors, Belfast.

 

1) Save for any admissions made in this defence, Claimant's Claim is denied and the Claimant put to Strict Proof.

 

2) As regards paragraph 1 of the Claimant's PoC, no admissions are made.

 

3) It is admitted that the Claimant has a Barclaycard account with the Respondent.

 

4) As regards paragraph 3 of the Claimants PoC, it is admitted the claimant made a S.A.R - (Subject Access Request) to the Respondent of copies of statements of his account, some of which were dated prior to May 2004. The Respondent supplied and is willing to to supply copies of statemenst from May 2004 onwards for a fee not exceeding the prescribed maximum under the Data Protection Act 1998 of £10. However for statements dated prior to May2004, the Respondent advised the Claimant that a charge of £3.00 was required for each statement due to such statements not being held in a relevant structured filing system within the meaning of the DPA 1998 (the Act)

 

5) As regards paragraph 4 of the Claimant's PoCs, the respondent denies being directly instructed by the Information Commissioner to comply in or around 4 Jan 2007. Furthermore. in the alternative if the Respondent was instructed by the Information Commissioner to comply in or around 4 han 2007 (which is denied), the Respondent would intend that it has complied.

 

6) As regards paragraph 5 and 6 of the Claimant's PoC, these are denied by the Respondent and the Claimant is put to Strict Proof. It is denied that the Claimant has suffered damage; and that the Respondent would put the Claimant to Strict Proof as to his alleged loss and the steps taken to mitigate the alleged loss. The Respondent will contend that it complied with the Claimant's S.A.R - (Subject Access Request) and is willing to supply copies of the statements prior to May 2004 for payment by the Claimant of the required fee. The Respondent will contend that in the circumstances it is not liable for for extra costs set out by the Claimant as alleged at all and that such costs are unreasonable and the Claimant is not entitled to such alleged costs.

 

7) As regards Paragraph 7 of the Claimants PoC, it is denied that the claimant is entitled to an order. The Respondent will contend inter alia that the Claimant's S.A.R - (Subject Access Request) as regards provision of copy statements prior to May 2004 falls outside the scope of section 7 the Act.

 

As regards paragraph 8 of the Claimants PoC, no admissions are made by the Respondent. The Respondent will contend that the Claimant's S.A.R - (Subject Access Request) as regards provision of copy statements prior to May 2004 falls outside the scope of section 7 the Act.

 

9) As regards the Claimant's particulars in paragraph 9, the Respondent denies that it has contravened the Sisth Data Protection Principle and puts the Claimant to Strict Proof in support of such an allegation.

 

10) As regards paragraph 10 (a) and (b) of the Claimant's PoC, the respondent reapeats paragraph 6 of this defence, namely that the Respondent denies that the Claimant has suffered any loss as alleged or at all and put the Claimant to Strict Proofs of any allegations of loss oe =r damage and also as to what steps have been taken to mitigate any alleged los or damage.

 

11) As regards paragraph 11 of the Claimant's PoC, the Respondent would contend that such settlement method pleaded by the Claimant is unreasonable and should not be granted by this Honourable Court.

 

12) As regards paragraph 12 of the Claimant's PoC, the Respondent would contend that the discretion of this Court should not be exercised since it is contended that the claimants claim is groundless and he has suffered no loss or damage.

[noomill060]

I sent the above defence in an email to Laura Hennessey, case worker at the Information Commissioners Office and within an hour got an email back saying she had been in contact with Barclaycard, who have said they will send copies of all my statements missing form my S.A.R - (Subject Access Request) and that no payment will be expected.

 

Laura also told me that she has instructed Barclaycard to notify her when these statements are sent and that she will be back in touch with me when she gets this notification from Barclaycard.

 

They really are pushing the envelope on this one.

[Ristardoss]

Hi,

 

Just received a letter identical to papadk's sent in March. I phoned up the bank and was informed they are in their rights to make me wait a further six weeks.

 

However from reading all the links the impression I get was this is not lawful.

 

I am thinking of just going ahead with a complaint after the forty days are up.

 

Papadak if you have started this process could you let me know at what stage you are?

[noomill060]

yes ristaross- go to the ICO website and make official complaint after their 40 days is up.

 

Then start a small claim to force them to comply. I asked for £200 damages. they said no at first, but did eventually cough up.

[Ristardoss]

Cheers Noomil,

 

So I do not have to send another seven day warning letter before I lodge the complaint?

 

Also how do I make a claim?

 

Cheers

Ristardoss

[noomill060]

Can send them another warning letter if you like, but it wont make scrap of difference.

 

When their 40 days is up, download and print the complaint form on the ICO website.

 

Complete this form and get photocopies of all your supporting documents, like a copy of your SAR and copies of the letters you've sent to Barclaycard and photocopies of the letters that Barclaycard have sent to you.

 

There is a template Particulars of Claim in the library for a Small Claim for an order for damages and an order to comply with your SAR.

 

Read all you can about this issue on this site so you are sure you know what you are actually doing though. Have a read of my own adventures with bcard http://www.consumeractiongroup.co.uk/forum/barclaycard/85351-barclaycard-r-subject-access.html

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/62596-noomill-barclaycard-r-subject.html

[marie30mc]

hi i wondered if you could help me, i have sent my letter to request my statements to barclycard and mbna and they have both had 40 day's but have had no responce from them. What do you suggest i do now should i write to then or ring them.

Any help would be great.

 

Thanks

Marie

[marie30mc]

i have just recieved 2 years of statments from barclycard, said the others would be with me in 6 weeks because of the microfiche, now i have just been reading all your threads im not sure what to do. Anybody got any idea's, i think maybe there fobing me off.

 

Thanks

MARIE

[papadak]

i have just recieved 2 years of statments from barclycard, said the others would be with me in 6 weeks because of the microfiche, now i have just been reading all your threads im not sure what to do. Anybody got any idea's, i think maybe there fobing me off.

 

Thanks

MARIE

 

Mmmh no change there with B/card then! ... I've just got my other batch of statements through (received the remaining 4 years, as promised within 6 weeks) Well i was patient and waited, they came with a week to spare of the 6 weeks. Really is your call after the 40 days whether you go down the ICO route. I waited and finally got them ... I won't do that with the next claim Natwest ... onwards to the template letters ... good luck with yours!!