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Barclaycard & Microfiche - they are wrong - OFFICIAL


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Merry Christmas to all!!!!!!!!!!!!!!1 Wahoow, what great news, just sent of my LBA to barclaycard with a whopping great estimate for the statements that they would not supply.....i will wait and see there response before proceeding, i wonder wether theyll send me a reply relevent to the LBA or just send the missing satements????? Have a good xmas all xx

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I wrote to the Information Commisioner about 10 days ago complaining about Barclaycard and their stance with the Microfiche. How long before I receive a reply from them?

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

---------------------------------------------------

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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thay sent me a letter saying that it will take 28 days. Im getting a bit cheeky and saying thats not good enough, and only giving them 10 days.:p i think that they put themselves in this situation and it has gone on for long enough.

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  • 2 weeks later...

Hi there,

Brilliant news for you. Can i ask you probably a stupid question?? does it mean that the microfiche i have recieved for my barclays current accounts do not contain all the info i need???

Thanks

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Hi everyone, I've made several claims now using the guidence provided by the peeps on here, however this claim against Barclaycard has got my brain aching a bit because as with everyone else making claims against B/Card recently I recieved the microfiche argument and statements going back to May 04 dispite the fact my account was opened in 2001. So I started a claim on the basis of reclaiming the actual charges I had proof for and estimated charges calculated by the charges applied duing the period 04 - present, all was fine until B/Card decided to refund the charges I had proof for !!! So now all I have left is the estimated charges, can I start a claim based solely on these claims or will a judge just strike out the claim at the 1st viewing of my POC ?!? I feel putting a part in the POC about B'Card's non-compliance with my Sec.10 S.A.R - (Subject Access Request) would help me, espcially since the information commisioners office ruled that their microfiche system was (as we all knew) a 'relevent filing system'. But I dont really want to waste the court fees by having my claim struck out before even stepping into court ! I sent them a 2nd LBA after the letter outlining their partial refund stating I would accept it as an interim payment only and that I would be pursuing them for the estimated charges, I also had a good dig at them about their microfiche boolooks and I have recieved a letter back from them now which is a carbon copy od deadsquirrels :

 

Dear ....

I write further to your recent letter regarding your request for copy statements.

 

As you are aware the Information Commissioners Office is likely to revise its guidance on non-computerised filing systems and believes that our microfiche records are held on a relevant filing system. Although Barclaycard reserves its position on this matter, as a goodwill gesture I have requested the statements you require from our National Records Centre. You will receive this information within 28 days. Please accept my apologies for the delay.

 

Our position not to provide these documents further to your earlier Subject Access Request was taken as the Information Commissioners Office had previously felt that most manual records fell outside of the definition of personal data. It now appears that their interpretation of what constitutes a relevant filing system is likely to change and they intend to publish new guidance on this in the near future.

 

Should you have any further questions regarding this matter please do not hesitate to contact me. If my reply does not meet with your expectations you may ultimately be eligable to refer to the Financial Ombudsman Service. Further details ofthis service are available, blah blah blah

 

The thing is they had their 40 days..... and MANY MORE since so I cant see why I should wait another month before filing a claim against them so I want to continue using my original estimates and then if they want to argue the fact in their defence and furnish me with the relevent statements I will alter the amount claimed accordingly, if there are any fees for changing my POC then obviously I would be looking to add these to my claim because it was B/Cards obstructive attitude that made this neccersary in the first place !

Have I got a leg to stand on here though people or should I just wait for the full set of copy statements to arrive ???

 

MrP

 

P.S. Thanks Rooster for highlighting this thread to me ;)

 

MrP

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I would simply wait for the statements ot arrive, mine got here last week and they only go back 5 years, so I am going to make a claim based on those and estimate the rest.

 

My claim is somewhat different though as will be revealed once it's fully resolved.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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All will be revealed in due course. I don't want to tip their hand before I drop it on them though :D

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Hi Mrp i shouldnt worry too much about having an estimated claim in,mine was estimated and they have just told me the correct figures today(after i had got my court date )although my statements have arrived too:rolleyes:the settlement offer they have made seems about right:Dbobtheb v Barclaycard

:grin:amount WON so far £15,021.27(12 claims):D

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All will be revealed in due course. I don't want to tip their hand before I drop it on them though :D

 

Very interesting tamadus, you have got me guessing.

 

MrP I had the same letter and sent a LBA to Adrian Whalley for non compliance. I then phoned him to tell him it was on its way. He sent me a letter dated 2nd Jan in response to my phone call, and low and behold, 2 days later most of my stuff came through the post in a letter dated 3rd Jan, all but statements from 2000 and a couple of others.

 

Have a look at my thread heres the link: http://www.consumeractiongroup.co.uk/forum/barclaycard/50532-tanzarelli-barclaycard.html

 

Tanz

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  • 1 month later...
Guest Tracey284

Had the same rubbish about the microfiche some time ago. Does anyone have a template letter telling them that you now want the information they said they couldn't supply? Thanks

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This is the letter I sent them .... and they produced the missing info.

 

Mr Peter Townsend

Privacy & Data Protection

Radbrooke Hall

Knutsford

Cheshire

WA16 9WU

Date

Data Protection Act 1998

Subject Access Request

Dear Sir

 

ACCOUNT NUMBER: xxxxxxxxxx

Thank you for your prompt reply to my SAR.

I am concerned that you say it is not possible to provide details that you hold on microfiche and I would like to point out the following recent information relating to an investigation by the Information Commissioner.

I am aware this relates to Barclaycard, however, logic states that youshould also act on the Information Commissioners findings, that “Following our visit, we concluded that the microfiche system used by Barclaycard is a relevant filing system for the purposes of the Act. This means that in our view the information is personal data and should have been supplied as part of your S.A.R - (Subject Access Request) within 40 days and for a maximum fee of £10. As a result, it is our view that it is likely Barclaycard has contravened the sixth data protection principle, as this requires data controllers to process personal data in accordance with data subjects' rights.”

In addition, section 13 of the Act gives individuals the right to claim compensation if they have suffered damage as a result of a contravention of the Act.

I look forward to your confirmation that the information requested in our Subject Access Request is provided in full including any information held on Microfiche.

Yours faithfully,

 

 

 

 

 

Mr AllanLyn

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  • 1 month later...

I just got a letter from Barcleycards Paul Dickenson (littlewoods cards services) stating that "they do not consider microfilm statements fall within the scope of the Data Protection Act 1998"

 

And only sen 2 years statements - so guiess what letter tehy are gettting tomorrow from me.

 

Am i right that i can still enforce the 40 days from my orignal request or do i have to start hte 40 day clock again from today as tehy have provided part of it.

 

43154

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just to reinfocre noomill060 point it is important to allow the 40 days to expire before either complaiing to the ico or filing at court (if going the court route you should send a LBA giving 7 days too).

 

THe 40 days is permitted for complaince in law.

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Hi there all.

Am inspired, thank you so much. I have three different banks/institutions to chase... Barclaycard, MBNA card and Abbey National.

I am going to send the letter and cheque requesting statements tomorrow, (recorded first class) What is the time scale I can expect from Barclaycard..... and please can someone encourage me with a sucess story from them? I owe £1600, £400 over my limit and yet have never tried to use my card since I reached my limit. Without seeing my statement I can only guess that around £800 of my debt is accrued charges, due to ill-health and inability to work over a period of 18 months.

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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i won against barclay card

 

I got my charges

interet i had paid on those charges

contractual interest on top of that

plus costs

 

Does that help?

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Received a letter from Mark Jones - Customer Services dated 9th March - in response to my SAR request dated 26th February.

" Enclosed you will find copies of your credit card statements from June 2004 to present time. These statements are stored on computer. We will be sending your statements prior to this date later. These later 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. The Date Protection Regulator 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"

 

19 days and counting - not my fault if they don't have enough staff, but at least they are now going to supply statements.

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All

sorry to sound thick.Is it ok to use the same initial template requesting statements that would you would send to a bank.Can't find a credit card template on here.

Had oustanding amount with Barclaycard who passed to RMA collections who are being a pain in the arse and adding their own charges on without my knowledge.

 

Well done to all of you.......wanna make sure i get this right when i start taking them all on.

 

Cheers

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Received a letter from Mark Jones - Customer Services dated 9th March - in response to my SAR request dated 26th February.

" Enclosed you will find copies of your credit card statements from June 2004 to present time. These statements are stored on computer. We will be sending your statements prior to this date later. These later 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. The Date Protection Regulator 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 1988. Nevertheless, we are happy to provide these as a gesture of goodwill"

 

19 days and counting - not my fault if they don't have enough staff, but at least they are now going to supply them.

 

 

 

sorry to be picky was that your freulian slip or theirs ???

:cool: sunbathing in juan les pins de temps en temps

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