Tanzarelli V's Barclaycard

[TANZARELLI]

Hi all,

 

I'm just starting a thread here for Barclaycard as this has been on the back burners for a while with the whole Microfiche bulls**t.

 

Just beat Barclays Bank and got £1950.73 refunded prior to sending court bundle.

 

I did send a S.A.R - (Subject Access Request) to Barclaycard and got statements from the month I paid of the balance to present day (showing 0.05p) which was about as usful as a Chocky T Pot.

 

Completed Information Commissioners Office complaints form about them and sent this recorded delivery 14th November. They have acknowledged receipt of this and I await a letter from the case work manager. Gave them a call to check they were intending to return docs as sent originals because couldn't be bothered wasting money on photocopying.

 

Will keep you posted on developments.

 

P.S If when I hear from the Information Commissioners Office and they contact Barclaycard they don't supply info, then I will be sending an estimated Claim for Charges.

 

Tanz

[TANZARELLI]

Hi all,

 

Has anyone got any ideas about what to send Barclaycard as when original S.A.R - (Subject Access Request) was submitted in August and they gave me the fob of Microfiche story, I phoned and complained and the bloke sent me my £10 back to me. I then left it and recently revisited this, however I have filed a complaint with the Information Commissioners Office and am awaiting a reply from them. See above.

 

 

Question 1: Does this mean that I need to re-send this money or would it be best to write to them thanking them for the refund of this money and acknowledge this fact. Also informing them that this was their choice to do so for failing to supply me with the information that I required.

Question 2:

Would it also be worth wrtiting to Barclaycard to inform them that a complaint has been lodged with the Information Comissioners Office for failing to comply with my SAR, and that I will be expecting them to respond positively with a letter telling me as they have told others, that Barclaycards Microfiche Filing System is 'relevent filing system'. Also copying in the letter posted in this section from the Information Commissioners Office. Or adapting the Abbey letter?

Question 3:

Is there a better way to play this?

 

Any thoughts would be welcomed.

[TANZARELLI]

Message to all the MODS I have created 2 links against Barclaycard by mistake could they be merged together please, sorry to be a pain.

 

Here are the links for them both:

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/50532-tanzarelli-barclaycard.html

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/46078-tanzarelli-barclaycard.html

 

Thanks

 

Tanzarelli

[TANZARELLI]

Hi all,

 

Just spoke to the ICO re my complaint and she said that all complaints against Barclaycard (that have still to be dealt with) have been moved to the top of the pile. Responses should be out before Christmas as they break on the 22nd Dec 2006.

 

I also asked her opinion as to the fact that as I had complained to Barclaycard following submitting my subject access request, and that they returned my fee, would this mean the original SAR was not valid. She said no this is up to them if they choose to refund it and if they did this as a gesture of goodwill its up to them. The original SAR still stands.

 

Happy days so I will be sending a letter to BC tomorrow stating that I have spoken to Laura Hennesey at the ICO who has advised me that I will be recieving a repsonse to my complaint in the next couple of weeks and that Barclaycard are required to sends the info to me.

 

I am also going to ring them to discuss this to see if they wish to send the info.

 

Tanz

[noomill060]

Tanz- I spoke to Carl Nuttall yesterdat aft. He span me a different tale.

 

Carl told me that barclaycrud would meeting with the IC "this week" and only if the IC told them they didnt have any choice, would they be complying with everybody's SAR.

 

The arrogance of this company never ceases to astound me. Everyone needs to add all the damages that Barclaycrud have caused by their microfish red herring to their claims for return of unlawful charges and give them a bloody nose over this. they wont feel it financially, but the publicity would make them feel uncomfortable.

[TANZARELLI]

Hi noomill060,

 

I sent this to them yesterday:

 

Data Protection Team

Department LRC

Barclaycard

Northampton

NN475G

8th December 2006

Account Number: **** **** **** ****

Dear Sirs,

Firstly I am acknowledging the receipt from yourselves, the return of, as a gesture of good will my £10 fee, following your failure to supply me the required information I requested within my S.A.R (Subject Access Request) dated 3rd September 2006. I must point out however, that the terms of my S.A.R still stand.

You will be aware that in my original S.A.R you were asked to “Please supply me with a complete list of transactions and a list of charges relating to my banking history with your organisation. Alternatively, a complete set of statements for the period of January 2000 until my account was closed on 29/06/2004 will be acceptable”.

You failed to comply with this request.

I also requested, “Additionally, where there has been any event in my account history over this period, which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you”.

You failed to comply with this request.

You were also asked, “If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response”.

You failed to comply with this request.

As a response you informed me that most of the account data which I requested, prior to 2004 was stored on a microfiche system. I believed this to be a stalling tactic from your organisation, so as a result of this, on the 14th November 2006, I filed a complaint with the Information Commissioners Office (ICO). I stated to them that I believed Barclaycard to be in breach of the Data Protection Act 1998. This complaint was sent recorded delivery and was received by the ICO on 15th November. I also enclosed all the information which you sent to me as well as a copy of my S.A.R., I have been given a case reference number IGL******* for this complaint. Today I spoke to the ICO who informed me that I would receive a response very soon as they had received a number of similar ones, which had caused a delay.

I am also aware that other Barclaycard customers have already had responses to their complaints, also that the ICO have visited Barclaycard to assess your microfiche system. The ICO have stated, and I quote “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 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 the data subjects’ rights”.

You will also be aware that 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 am writing to inform you that I require, without further attempts to stall this matter, all the information which I requested in my original S.A.R. dated 3rd September 2006.

I would appreciate a written response within 7 days of the date of this letter.

Yours sincerely,

Tanzarelli

Of course this was sent rec delivery so we'll wait and see.

[bill-k]

Tanz - just following your link from Bong's thread. Info for later:

 

My understanding of credit card interest is that the purchase rate is the one that is used as the contractual rate of interest. The cash advance APR rate is simply the purchase rate, but with the additional one-off fees included in the calculation of APR. The actual interest used in this calculation is trechnically still the lower purchase rate.

 

If you do use the higher APR rate, then I would suggest you quote the lower rate, and then the Statutory rate as alternatives.

 

HTH

[TANZARELLI]

Thanks for that Bill K

 

I will have to read some more about this area but as I still have not got my statements due to non compliance from Bcard, there is still time.

 

Thanks again.

 

Tanz

[bill-k]

Thanks for that Bill K

 

I will have to read some more about this area but as I still have not got my statements due to non compliance from Bcard, there is still time.

 

Thanks again.

 

Tanz

 

I'd start now if I were you - have you seen the size of the main contractual thread ?

 

All the best, matey.

 

Bill.

[TANZARELLI]

I know I read 300 posts on this yesterday, this is why I ended up getting confused. Plus the fact that I had a massive hangover to boot. lol

 

Thanks

 

Tanz

[bill-k]

Well done !!! Yeah, it takes a while to focus properly, doesn't it ?

 

I've been thinking of getting a CAG T-shirt with the slogan "Been there - got the headache !!"

 

Cheers.

[TANZARELLI]

Well done !!! Yeah, it takes a while to focus properly, doesn't it ?

 

I've been thinking of getting a CAG T-shirt with the slogan "Been there - got the headache !!"

 

Cheers.

 

 

Good plan.

 

I just had pm from glen and he suggested looking on the website and then just picking the card which was similar to the one i had and using the rate that this had. Still wasn't sure which was similar to the one I had, so i thought i'd phone Barclaycard. I got through and enterred my old account number, pressed 6 to speak to an advisor, and after about 5 seconds spoke to a guy in india or somwhere similar. He took me through security and hey presto it was if i'd never been away.

 

I asked the guy from BCard what type of card i used to have (back between 2000 and 2004 i might add) He told me that I had a classic visa card which is the equiv to the Barclaycard Initial Credit Card. The card now has an APR of 27.9%. It is funny however that they can access certain information about me but not my charges info prior to 2004.

 

Anyway is this the cash advance rate? anyone?

 

Hope it is but stand to be corrected.

 

Tanz

[noomill060]

Read this, it should make disturbing reading for Peter Townsend (DATA CONTROLLER OF BARCLAYS BANK if Judge Forrester is reading) assuming he doesnt want become a guest of Her Majesty.

 

(Avoid the showers, Peter, and dont go into the greenhouse, whatever you do!)

 

http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=43&Itemid=2

 

 

Non disclosure imprisonment threat against RBS Data Controller!

A Consumer Action Group User was today (21/11/06) 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.

 

The Royal Bank of Scotland now has until January 2007 to comply with the users subject access request. The District Judge has indicated that if the Bank has not complied with the order by that time that he may make an order for imprisonment of the RBS Data controller.

[bill-k]

Yes, that pronouncement is good to see, isn't it Noomill ? We need some of this personal accountability to knock the arrogance out of these people.

 

Tanz, there is technically only one rate of interest used by credit cards, although they quote several APR's. The basic or purchase rate (what you will have been quoted, I'm sure) is the safest to use. The higher, or cash advance rate, is still calculated using the basic rate, but the APR figure is higher due to the fact that any one-off charges are added to the APR. I personally have used the higher rate primarily, and then also claimed the lower rate and Statutory in the alternatives.

 

HTH

[TANZARELLI]

Read this, it should make disturbing reading for Peter Townsend (DATA CONTROLLER OF BARCLAYS BANK if Judge Forrester is reading) assuming he doesnt want become a guest of Her Majesty.

 

(Avoid the showers, Peter, and dont go into the greenhouse, whatever you do!)

 

http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=43&Itemid=2

 

 

 

Non disclosure imprisonment threat against RBS Data Controller!

A Consumer Action Group User was today (21/11/06) 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.

 

 

The Royal Bank of Scotland now has until January 2007 to comply with the users subject access request. The District Judge has indicated that if the Bank has not complied with the order by that time that he may make an order for imprisonment of the RBS Data controller.

 

Thanks noomill060,

 

Thats good to see. They can run but they cant hide. lol

[TANZARELLI]

Yes, that pronouncement is good to see, isn't it Noomill ? We need some of this personal accountability to knock the arrogance out of these people.

 

Tanz, there is technically only one rate of interest used by credit cards, although they quote several APR's. The basic or purchase rate (what you will have been quoted, I'm sure) is the safest to use. The higher, or cash advance rate, is still calculated using the basic rate, but the APR figure is higher due to the fact that any one-off charges are added to the APR. I personally have used the higher rate primarily, and then also claimed the lower rate and Statutory in the alternatives.

 

HTH

 

Hi Bill,

 

Thanks for that. I have been pming Glenn who has been helpful at explaining this a bit to me. I phoned up Barclaycard and asked them what type of card I had and they said equivilent to the Barclaycard Initial which has a APR rate of 27.9%. This is what I will use I think but will also claim in the alternative the stat 8%.

 

Still no joy re my statements prior to closing my account in 2004. Tried to track and trace the letter on Royal Mail website, which I sent to Bcard (see post #6), but I think as I sent it on Friday they may have recieved it Sat and there would prob not have been anyone there to sign for it, and it come up on website saying 'come back later'. I am going to ring Royal Mail to see what has happened to it.

 

I may pick your brains some more at a later point if thats ok Bill.

 

Thanks again

 

Tanz:)

[TANZARELLI]

PS this is what Glenn suggested:

 

Originally Posted by Glenn UK

Quote:

Summary Box

 

It’s good to know the plain facts about your Barclaycard. This Summary Box gives you clear information about the key features of your card.

APRTypical 27.9% APR (variable)Other rates Introductory RateMonthly Interest RateAnnual Interest RatePurchasesn/a2.075%27.9%Cash Advancesn/a2.075%27.9%Balance Transfersn/an/an/a

Re the difference in expressing the interest.

 

Contractual interest is made up of two componenets, the rate of interest expressed as a percentage (e.g. 27.9%) and the way the interest is applied (i.e. compounded)

 

To use the term 'compound contractual interest' is in fact wrong and leads to a lot of confusion. If the term were applied logically it would be the application of the interest rate compounded as per the contract and then compounded again. Banks are pretty greedy but they havent been doing this quite.

 

THe information i posted above is taqken from the B/card site and it seems that the cash advance rate and purchase rate was the same 27.9% so thats what you should charge.

 

To work out the interest you need one of the spreadsheets that calculates compound interest from either Vampiress or MIndzai.

 

HTH

 

Glenn

Thanks for that Glenn, That is a bit clearer. So the actual interest is contractual (ie as it is in the contract) and the way it is applied is that it is compounded and then compounded again.

[bill-k]

...I think as I sent it on Friday they may have recieved it Sat and there would prob not have been anyone there to sign for it, and it come up on website saying 'come back later'. I am going to ring Royal Mail to see what has happened to it.

 

If it was sent Recorded, then they should not have delivered it if they couldn't get a signature. A card is usually left with them to either collect themselves or re-deliver, I believe. You should either have a sig., name & date - or they should return the package to you.

I may pick your brains some more at a later point if thats ok Bill.

 

Filthy habit - but we all do it. You're welcome, there's not much in there !

 

 

PS this is what Glenn suggested:

 

Originally Posted by Glenn UK

Quote:

Summary Box

 

It’s good to know the plain facts about your Barclaycard. This Summary Box gives you clear information about the key features of your card.

APRTypical 27.9% APR (variable)Other rates Introductory RateMonthly Interest RateAnnual Interest RatePurchasesn/a2.075%27.9%Cash Advancesn/a2.075%27.9%Balance Transfersn/an/an/a

Re the difference in expressing the interest.

 

Contractual interest is made up of two componenets, the rate of interest expressed as a percentage (e.g. 27.9%) and the way the interest is applied (i.e. compounded)

 

To use the term 'compound contractual interest' is in fact wrong and leads to a lot of confusion. If the term were applied logically it would be the application of the interest rate compounded as per the contract and then compounded again. Banks are pretty greedy but they havent been doing this quite.

 

THe information i posted above is taqken from the B/card site and it seems that the cash advance rate and purchase rate was the same 27.9% so thats what you should charge.

 

To work out the interest you need one of the spreadsheets that calculates compound interest from either Vampiress or MIndzai.

 

HTH

 

Glenn

Thanks for that Glenn, That is a bit clearer. So the actual interest is contractual (ie as it is in the contract) and the way it is applied is that it is compounded and then compounded again.

 

No, not quite. Glenn was saying that compounding it twice is incorrect. If it's expressed as "compound contractual" then that is what it seems one is doing, so that is the wrong way to express it.

Subject to Glenn's approval of this, I prefer to state it in my POC's as "Contractual interest, compounded daily, at an annual rate of xx.xx%"

 

Would that be an acceptable "Sunday name" for it, Glenn ?

BTW - I like the idea of replying by coloured inserts.

[TANZARELLI]

Thanks Bill I agree

[bill-k]

Thanks Bill Iagree

 

Love the rainbow !!!

 

Parodying the TV ad:-

"Rumour had it that there was a crock of of gold at the end of it - but that was half-inched ages ago.

 

By one of the banks, probably !!"

[TANZARELLI]

Hi Bill,

 

Could you poss take a look at my capital one thread as nobody seems to be answering me questions at the moment. I have been defaulted and the LBA deadline is up. I want to know what the next step needs to be but not sure what to put in POC and if to send other letters re section 10 of dpa first or after. Its not a long thread but if you wouldn't mind having a quick gander at it, i have posted some questions throughout which I need to input on before I post stuff off and complete N1 paper version.

 

Thanks in advance.

 

Heres the link: http://www.consumeractiongroup.co.uk/forum/capital-one/51318-tanzarelli-capital-one.html

 

Tanz

[TANZARELLI]

Hi all,

 

I rang Barclaycard today and asked to be put throught o the Data Protection Unit in response to the letter which I sent them last Friday.

 

The cust serv women asked what it was in connection with as there were various depts in that section. I told her that I had sent a letter which was rec delivery last fri and wanted to talk to someone regarding it. She put me on hold for a couple of mins. When she came back she said "I have spoken to the dept you have requested and they have told me that they have writen to you, this was sent yesterday so you will prob get it tomorrow. They have said they will be supplying the statements you have requested from 2000-2004 and you will be receiving them within 28 days".

 

She then proceeded to ask if there was anything else she could do to assist me, to which I replied "actually yes there is, I want to know why after you have failed to comply to my SAR dated 3rd Sept 2006 and following my complaint to the ICO which you will be hearing about in the near future, you think I should have to wait a further 28 days?" She said "I cant answer that you will need to speak to the Data Pro Team, shall I give you their direct number" I replied "Yes please" (The number is 01612007476, Just in case anyone wants it), she then said I can put you through if you like to which I replied "yes please".

 

When I got through the guy I spoke to read out the letter (which I have yet to recieve) and I asked him why he thought it was acceptable to fial to my request in my SAR (plus extra time in between the deadline for this and the ICO complaint going in, and my last letter sent last week to add another 28 days timescale to my request. His answer was it it because the ICO have now said their system was relevant and they were changing their guidence of filing systems. they were now having a back log of requests".

 

Question: I shouldn't have to wait this long, should I take any further action, or just wait till they come?

[noomill060]

They are dictating time scales for their own benefit, again!

 

Take them to court, now, claim for all the damages you have suffered due to their no-compliance. You cant lose.

[bill-k]

I think it's possible that they HAVE had a surge in workload, due to recent revelations re: microfiche records, etc. Poor dears. Had they been straight with you in the first place, then they might have our sympathy. But they string us along, etc. etc. etc., so I agree with Noomill.

 

Off with their heads !!!

[noomill060]

They have also had weeks since the IC's raid on them, they would have been aware that the Abbey's microfish system had already been declared relavent and should have made arrangements for rapid compliance with our SAR in the eventuality of their own microfish system also being declared relevant.

 

They made the decision that the DPA doesnt apply to them and now should pay the price for their arrogance.