Tanzarelli V's Barclaycard

[TANZARELLI]

I just had a letter from Adrian Whalley saying that my statements from 2000 have been destroyed all but the one I already had sent for December 2000. Is this legal???????

 

Bookworm it seems that I won't be able to shed any light on your quest to see if they really did introduce their charges mid 2001.

 

Do you have any thoughts on the legallity of destroying info????

 

I think it seems to be a convienient blag!!

 

Bill any thought??

 

Tanz

[bill-k]

Tanz - Not my domain, this, but I think we'll need to know the exact wording this Wally used. I'm sure Bookie will need that before she can tell you much, too. So Give !!!

[TANZARELLI]

It reads:

Dated 12th Jan 2007

Dear Mr T,

Re: Your request for card statements

We spoke about your card statements that you did not have.

I am afraid that your card statements for 2000 are no longer available. Storage of the microfilms is strictly controlled and the Records Management Unit no longer hold the microfilms for 2000. The December 2000 microfilm had not been destroyed when this Unit undertook the initial search. However, you have received statements from January 2001 until the account was closed. The Unit is now retaining all microfilms from January 2001 forwards.

Your statement for January 2002 is included on your statement dated February 2002. This is because your billing date and account number changed at this time.

Your statement for May 2004 is enclosed.

Yours sincerely

Adrian Whalley

Head of Privacy & Data Protection

Legal Counsel

Data Protection Team

Legal and Regulatory Compliance

Dept LRC

[sallysas]

No, no, no, no no, no no, NO this cannot be right. I was under the impression that by law they had to keep 7 years so logically January 2000 would be deleted - but then again - not till 1 February 2007. When we total up people why not overestimate. Seems fair to me, but I am a bolshy hells granny going off to a motorbike weekend in North Wales next month

[TUTTSI]

Thats right Sally, if they cannot provide the statements estimate them generously + interest of course, how are they going to check if they destroyed them.

DS

[sallysas]

I really should go to bed even if I do have 3 days leave BUT I MUST SHARE THIS IF CORRECT. On Halifax forum under 'Some important information' thread link 5 a CAGer who used to work for the army was informed that if information was distroyed erroniously the organisation could be charged over £1250 per item. Go look for yourselves to be accurate. Coo ........................................

[TANZARELLI]

Yes sallysas,

 

I was thinking of estimating but the most I would be able to estimate for each month is 1 x £15 late payment and also 1 x £15 over limit. But even then this would make up a tidy addition to my claim with the 27.9% contratual interest of course.

 

The question is though are they doing something here which is illegal?

 

If they are required like you say to keep statements for 7 years and they have destroyed them then they are in breach of the law surely and I should be within my rights to claim this within my claim, which would add some more clout to my claim.

 

Anyone else got thoughts on the next course of action???

[Fullyskinted]

Reading this with interest (excuse the pun )

 

I have just requested CCA/SAR from BCard.

[Glenn UK]

Right oh,

 

first off as far as i can tell there is nothing to stop them destroying your data, I haven't found a bit of legislation which specifically says they have to hold data for a specific period of time, even when i spoke to the inland revenue they couldn't substantiate a particular bit of legislation or period beyond three years.

 

The ICO felt six years post account closure was reasonable for the whole account history, but again no bit of information highlighting any specific legislation. Ive asked before but had no response, if anyone can substantiate a bit of legislation then please do so, otherwise I'm afraid theres nowt.

 

Having said all that don't give up hope.

 

If you are asking for statements then i think you are asking for the wrong thing, you should be asking for your data, they say your statements were destroyed and not your data.

 

I would write back and say that Barclaycard have made a mistake, you want transactional data for the period in question, copy statements would have been acceptable but any relevant format will be acceptable.

 

Personally i wouldn't invite them to explain, i would simply say that failure to supply the relevant data within 7 days will result in court action asking the court to order Barclaycard to supply the relevant data. In the event that they claim your data has been destroyed can they supply a copy of their policy which allows the destruction of your data to save you requesting the court to order disclosure.

 

I don't expect them to supply the data off the back of this letter. I would expect you to have to enter a claim into court.

 

When you do, ask the court for an order instructing the defendant to supply the relevant data or to confirm if they hold data but you are not entitled to it, and if so by what reasons, or if they do not hold your data and if so when and how it was destroyed.

 

You might like to include in the comments in the letter that you are aware that microfiche records hold a number of persons details and that are they saying that they wholesale destroy everyones data.

 

Anyway hope that gives you some ideas.

 

HTH

 

Glenn

 

PS the co-op 'are not required to hold data for more than six years'. I now have data more than nine years old

[TANZARELLI]

Thanks Glen,

 

I will draft up a letter then to see what I get from this. I have already sent a LBA for non compliance so prob wont need to give them another 7 days, however will point out that I require the data they hold relating to this period as well as some of the other points you have posted. Also may make a CCA request, as if they have destroyed the statements then they may not have this still.

 

Thanks again.

 

Tanz

[Glenn UK]

http://www.consumeractiongroup.co.uk/forum/cooperative-bank/19031-glenn-co-op.html#post259285

 

Tanz have a look at this these were my poc but i would revise along the lines i suggested above.

 

hth

 

glenn

[TANZARELLI]

Hi Glen how does this look?

 

Mr Adrian Whalley -The Data Protection Manager

Data Protection Team

Department LRC

Barclaycard

Northampton

NN475G

15th January 2007

Dear Adrian Whalley,

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

 

Thank you for your letter of the 12th January 2007. I am disappointed that you are no longer in possession of the statement information for 2000. However you will remember from my SAR that I requested you to, “supply me with a complete list of transactions and 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”.

I feel that Barclaycard has made a mistake, as what I actually require is the transactional data which you hold in relation to the period of January 2000 to December 2000. I was happy to accept copy statements in the alternative, but any format will be acceptable. I am also aware that microfiche records hold a number of peoples account information on them, so does this mean you have destroyed on block a number of other peoples data.

I have already issued you with a Letter Before Action but as a gesture of goodwill I will give you a further 7 days to provide the information I require. If after 7 days you still fail to provide this information then I will file a claim with the County Court asking for an order instructing Barclaycard to supply the relevant data, also if there is a reason why I am not entitled to this information, I will ask for the reasons to be made clear. I will also ask for Barclaycard to provide details as to how and when this information was destroyed.

I hope this clarifies my position

Yours faithfully,

[Glenn UK]

Hi Glen how does this look?

 

Mr Adrian Whalley -The Data Protection Manager

Data Protection Team

Department LRC

Barclaycard

Northampton

NN475G

 

15th January 2007

 

 

Dear Adrian Whalley,

 

 

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

 

 

Thank you for your letter of the 12th January 2007. I am disappointed that you are no longer in possession of the statements for 2000. However you will remember from my S.A.R - (Subject Access Request) that I requested you to, “supply me with a complete list of transactions and 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”.

 

I feel that Barclaycard has made a mistake, as what I actually require is the transactional data which you hold in relation to the period of January 2000 to December 2000. I was happy to accept copy statements in the alternative, but any format will be acceptable. I am also aware that microfiche records hold a large number of peoples account information on them, so does this mean you have destroyed, on block, a number of other peoples data as well as mine?

 

I have already issued you with a Letter Before Action but as a gesture of goodwill I will give you a further 7 days to provide the information I require. If after 7 days you still fail to provide this information then I will file a claim with the County Court asking for an order instructing Barclaycard to supply the relevant data, also if there is a reason why I am not entitled to this information, I will ask for the reasons to be made clear. I will also ask for Barclaycard to provide details as to how and when this information was destroyed.

 

I hope this clarifies my position

 

Yours faithfully,

 

Ive suggested some very minor changes

 

HTH

 

Glenn

[TANZARELLI]

Thanks Glen,

 

Before i send it is it best to take this approach or as others have suggested just estimate the charges for that year?

 

Or I could send it and then still just estimate them if they don't come up with a positive response.

 

What do you think?

[Glenn UK]

with estimated claims there are risks if it ever gets to court IMHO.

 

If you want to estimate then IMHO you should file for non compliance with your estimate as damages, i don't know anyone who has done this and there may be risks with this approach. Its not something i have thought a lot about but it is something that has been suggested to me in conversation. the person that provided that idea is someone you know and trust, i hope at least, i don't want to quote them because it would be up to them to comment.

 

Personally i would sue them for the data, i have again been trawling the web for info on retention periods a nd six years keeps coming but with no reference to an act.

 

One reference suggests six years for institutions to a bank after the instruction ceases to have effect, another suggests six years for statements full stop.

 

As I have said, i believe they are playing with words and are misleading you, if they are the court action will bring it to an end with virtually no risk of court attendance on your part, especially if you construct the POC well. mine was good, but not quite as good as it could be, the Co-op have failed to give a good clear statement about why they wont provide data, despite three requests, we now have a directions hearing on Friday, i cant see the court being happy about it.

 

Anyway I recommend the letter followed in seven days by action in court.

JMHO

 

Glenn

[TANZARELLI]

Right thanks Glen,

 

I will make the alterations then send the letter as discussed.

 

You are a star.

 

Will keep you posted.

 

Whats is the fee amount for filing non-compliance as no money involved bar damages poss?

 

Tanz

[Glenn UK]

i would ask for a very small amount of charges, say a fiver the claim value then becomes the moentary value of the claim ie £5.00 fee payable 35 i believe.

 

if you dont put a value on the claim then the fee payable is 150

 

HTH

 

Glenn

[TANZARELLI]

What I may do then is add in some actual costs ie stationary, postage (rec del) etc which I think they owe me by now anyway.

 

Thanks

 

Tanz

[TANZARELLI]

Letter sent 15th Jan recorded delivery. Will see what that turns up before next move. Spreddie with contractual interest now complete unless anything else turns up following letter.

[Hackers75]

Hi Tanz

 

Read your thread with interest as I am in the process of claiming my wife's barclaycard money back. Good luck , we'll get there in the end!!

[TANZARELLI]

Thanks Hackers75,

 

We sure as damm will, good luck with your wifes claim.

 

Tanz

[TANZARELLI]

Thanks for the click whoever sent it.

 

Tanz:)

[moose73]

that be me;)

[TANZARELLI]

Thanks rjgreaves,

 

Hope the thread was of use.

 

Tanz

[TANZARELLI]

As I have said, i believe they are playing with words and are misleading you, if they are the court action will bring it to an end with virtually no risk of court attendance on your part, especially if you construct the POC well. mine was good, but not quite as good as it could be, the Co-op have failed to give a good clear statement about why they wont provide data, despite three requests, we now have a directions hearing on Friday, i cant see the court being happy about it.

 

Anyway I recommend the letter followed in seven days by action in court.

JMHO

 

Glenn

 

Hi Glenn,

 

would ou be able to post a link to your POC or PM me it? 7 Days up tomorrow so will need to get something sorted re a claim. I believe you were referring to BK re claiming for non compliance and estimating the charges as damages, so Bill, if was you I would welcome some new info on this idea.

 

Thanks

 

Tanz