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

[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.

[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

[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

[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

[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.

[TANZARELLI]

Thanks Bill I agree

[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?

[TANZARELLI]

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.

 

I agree but with you both and thanks, but I still have a few questions.

 

1) how can you quantify the damage caused as this non-compliance?

 

2) How do I go about taking them to court is it under section 13 of the Data Protection Act?

 

3) Do I fill in a N1?

 

4) Is it still under small claims track?

 

5) What goes in POC has anyone else you know of posted examples in threads you have read?

[TANZARELLI]

Ok bill,

 

That useful as always, i will work out charges when statement arrive and then go for contractual interest but claim 8% in the alternative. May write another letter to Bcard after I have recieved their letter which should arrive this morning. I will state that their timescale in not acceptable and that I will give them 7 days to comply or I will consider a claim for damages under section 13 of the DPA. This may get them to act a bit faster to send my info.

 

Thanks

 

will keep you posted on developments

 

Tanz

 

P.S. Glad you enjoyed the banana click.

[TANZARELLI]

Still no letter from Barclaycard (even though the women I spoke to on wednesday said it was sent out Tuesday 1st class), so phoned them up again. Wanted to check which address they sent it to and was informed it was the correct one, the bloke I spoke to said it may be due to the christmas post. I nearly said no its probably due to your incompetence. Will wait and see if it comes tomorrow. However told the bloke that I was not happy having to wait 28 days as the number of days from original SAR was now 102, 62 over the original dealine. The guy said this was due to the backlog. I told him well this is not my problem, you should have made arrangements to strat getting this info following the OFT's ruling on Abbey, and certainly after your visit. He said their stance was that they still did not believe they were in the wrong but as the OFT had made a ruling on their system they were actually doing what I had suggested they should have done by supplying the info. I got a bit angry then and told him that I expect this to be resolved within 7 days or I would consider making a claim under section 13 of the DPA for damages. I also said that I wanted this to be recoreded on my file.

 

I also think another letter is also needed to clarify my position. This is yet another case of them trying to stall this. If they then try to use the 6 year rule arguement for my claim, I will have a few things to say about this.

 

I am definately going contractual on this baby, and i have every intentio of using the 27.9% rate. Bill if your reading this, we'll need to discuss at a mutually convenient time. Theres a banana in it for you.

 

Tanz

[TANZARELLI]

deadsquirel just posted this in the Barclaycard microfiche they're wrong thread. Its exactly what the guy from Barclaycard read out to me over the phone when i rang wed:

 

"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"

 

Obviously withouut the blah blah blah bit. Looks like they have contraucted another templated response to try and fob us off.

 

Bookworm suggested to write another letter, as I had also said I will be doing. I will send one off tomorrow, as will have the time as not working because its my birthday, well actually in 15 mins it is. "Happy birthday to me, your having it Barclays, you must think we're all numpties, well believe me you'll see" I'm going to enjoy this one more than the last.

 

Will post the draft letter in the morning as a bit knackered after work and now enjoying a nice cold beer.

 

Tanz

[TANZARELLI]

Thanks Bill.

 

Just drafted a bit of a letter to clarify a few points with Bcard. Any thoughts welcomed.

 

Data Protection Team

Department LRC

Barclaycard

Northampton

NN475G

15th December 2006

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

Dear Sirs,

Following my recent telephone conversations with your organisation I felt it necessary to clarify my position with you.

During the first telephone on 13th December 2006, I was informed by one of your customer account advisors that a letter had been posted to me, first class delivery on the 12th December 2006. I was also informed that the contents of this letter stated that you would be, even if already extremely overdue, be supplying me with all of the information that I requested you supply me in my original Subject Access Request (SAR), but that this would take 28 days to get to me, also that this is as a gesture of good will.

I feel that a few points need to be brought to your attention.

1) My original SAR was dated 3rd September 2003. The original information, which I requested should have been supplied, within 40 days. As a result Barclaycard has, I believe, contravened the sixth data protection principle, as this requires data controllers to process personal data in accordance with data subjects' rights. May I point out that as of today’s date it has been 103 days since I submitted my SAR request to you, which if you do the maths, is 63 days in which you’ve had over and above the original request deadline. 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, and I require this information to be sent to me within 7 days of the date of this letter. 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.

2) It is now 15th December and I still have yet to receive your letter, which you informed me was sent out 1st class delivery on the 12th December 2006. Even with the Christmas post I feel this should have been with me by now. I received a letter from another bank this morning sent 1st class which was also dated 12th December, so this would suggest; you have not sent this and are again deliberately trying to stall this matter further. I suggest you re-send your response letter dated 12th December, immediately.

3) When I phoned your organization on 14th one of your customer account managers read the above mentioned letter out to me. He said referring to the recent decision by the Information Commissioners Office that Barclaycards Microfiche system is 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.” I must say that I find this patronising to say the least. It is blatantly obvious to me that you are deliberately trying every possible thing you can to stall this matter, so that you can try to decrease the number of charges in which customers should be able to claim, in respect of the Limitation Act 1980. This will have no bearing on my future claim and you should be aware of Section 32 of this Act, which gives relief to claimants.

I hope this clarifies my position.

Yours sincerely,

Tanz

[TANZARELLI]

Thanks Bill will go over it prior to sending (rec del today).

 

I will also add F.A.O The Data Controller, whose name incidentally I have just been told by Barclaycard Customer Relations, is:

 

Mr Adrian Whalley (I would also say that this is pronounced wally)

 

How apt!!!!!!!! lol

 

Tanz

[TANZARELLI]

Hows that look ok I think,

 

Let me know if you see any more typos?

 

[My Name]

[My Address]

……………………..

Mr Adrian Whalley -The Data Protection Manager

Data Protection Team

Department LRC

Barclaycard

Northampton

NN475G

15th December 2006

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

Dear Adrian Whalley,

Following my recent telephone conversations with your organisation I felt it necessary to clarify my position with you.

During the first telephone on 13th December 2006, I was informed by one of your customer account advisors that a letter had been posted to me, first class delivery on the 12th December 2006. I was also informed that the contents of this letter stated that you would be, even if already extremely overdue, supplying me with all of the information which I requested you supply in my original Subject Access Request (SAR), but that this would take 28 days to get to me, also that this is as a gesture of good will.

I feel that a few points need to be brought to your attention.

1) My original SAR was dated 3rd September 2003. The original information which I requested should have been supplied within 40 days. As a result Barclaycard has, I believe contravened the sixth data protection principle, as this requires data controllers to process personal data in accordance with data subjects' rights. May I point out that as of today’s date it has been 103 days since I submitted my SAR request to you, which if you do the maths, is 63 days in which you’ve had over and above the original request deadline. 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, and I require this information to be sent to me within 7 days of the date of this letter. 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.

2) It is now 15th December and I still have yet to receive your letter, which you informed me was sent out 1st class delivery on the 12th December 2006. Even with the Christmas post I feel this should have been with me by now. I received a letter from another bank this morning sent 1st class which was also dated 12th December, so this would suggest; you have not sent this and are again deliberately trying to stall this matter further. I suggest you re-send your response letter dated 12th December, immediately.

3) When I phoned your organization on 14th one of your customer account managers read the above mentioned letter out to me. He said referring to the recent decision by the Information Commissioners Office that Barclaycards Microfiche system is 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.” I must say that I find this patronising to say the least. It is blatantly obvious to me that you are deliberately trying every possible thing you can to stall this matter, so that you can try to decrease the number of charges in which customers should be able to claim, in respect of the Limitation Act 1980. This will have no bearing on my future claim and you should be aware of Section 32 of this Act, which gives relief to claimants.

I hope this clarifies my position.

Yours sincerely,

Tanz

[TANZARELLI]

Thanks Bill,

 

All done. Sent yesterday.

 

Like the new Avatar by the way. Very festive.

 

Tanz

[TANZARELLI]

What they just sent you one statement for June 2004?

 

Cheek of em. What do your letter say?

 

Tanz

[TANZARELLI]

eye eye!!!!!!!!!!!!!!!

[TANZARELLI]

something like - ' here's part of your request, remainder to follow...'. Very much seems like something they can use to claim partial compliance in the future

 

 

I'd send them another letter. Try using the one I posted in #39 and adapt it to suit. They should not set the timescale. They don't half klnow how to wind you up don't they arrogance of them if unbelievable.

 

Tanz