Barclays breach of the Data Protection Act

[rrhysevans]

I requested copies of my statments for the past 6 years from Barclays on the 6th Feb 2007 and was told then that it will probably take around 15 days. I have called the bank again today to see where my statements are as they have not yet turned up. They aknowlegde that I had requested them, and said again that they could take up to 15 days. It is well past the 40 days required by the Data Protection Act. What should I do now.

[bgqs]

You should issue a claim for Non-compliance of the DPA. I have done exactly the same thing

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/72981-barclays-2.html

[taff-p]

Well barclays have until tomorrow to comply with my sar,

Then i shall be sending my letter of non-compliance.

[jimmyay]

Well i have to say the tone of barclaycard's responses to me so far

has been absolutely disgusting and go way beyond even my cynical expectations as to how they would react, even to simple and polite, non threatening requests for information .

 

Of course this has the effect of making me redouble my efforts.

 

Their treatment of OFT rulings in their responses to me has been nothing short of dismissive (i'm sure they'll try and hide behind it later on when they want to charge £12 as reasonable - great - a pick and choose approach to regulation - love it). They have been defiant. They have denied they have to send me any information / statements at various points and they still deny, even in the face of the OFT ruling, that they are obliged to send microfiche statements. they have sent them to me under protest, but their bitter and arrogant response i think speaks volumes about them as a company. perhaps not a surprise the former head of barclays said he wouldnt advise getting a credit card from his own firm.

 

they have played every delaying tactic so far. but i will not be put off.

 

having won both my natwest current account and natwest credit card claims in full, this is my last claim, i am determined to succeed.

 

i now have all my statements and have written to them asking them nicely to cough up and pointed out that in all previous correspondence they have expressed their intention to ignore OFT rulings, so i don't expect them to hide behind the £12 figure now and they can't have it both ways.

 

14 days and counting.

 

and just as a prelude, a well placed source in the courts told me at the weekend that Barclaycard have even tried to counterclaim against customers trying to recover their credit card charges from them, which slightly makes Cobbetts look like pussycats(see natwest threads) .

 

but as yet, nothing has come to court..............

 

will update again soon .

[noomill060]

Make official complaint to the Information Commissioner, enclosing photocopies of all the nonsense letters Barclaycard sent you.

 

http://www.ico.gov.uk/upload/documents/library/data_protection/forms/data_protection_complaints_form.pdf

 

Once the ICO has investigated and instructed BC to comply with the DPA (an instruction they will they will ignore) begin a small for damages against BC as well as your claim for refund of illegal charges

[livelylad]

Should anyone be told by Barclays that they dont hold statements for over a certain date. I have a letter from Barclays stating that they can order copy statements for a period of 12 (twelve) years. I can copy this letter to anyone should they wish.

[Will Scarlet]

jimmyay - I congratulate your resiliance. It never ceases to amaze me just how under-hand the banks can be. What on earth do we have organisations like the FOS & the FSA for if it isn't to try and prevent this kind of behaviour, they are the "regulators" after all.

Give 'em hell!

[MCPR82]

Should anyone be told by Barclays that they dont hold statements for over a certain date. I have a letter from Barclays stating that they can order copy statements for a period of 12 (twelve) years. I can copy this letter to anyone should they wish.

 

I may be in touch - Many thanks v useful !!

[ozmrr]

Hi,

Has anyone had a letter similar to this with regard to Barclaycard SAR??

 

Dear Ms XXXXX

 

BARCLAYCARD CUSTOMER SERVICES

ACCOUNT NUMBER XXXXXXXXXXXX

 

DATA PROTECTION ACT 1998 - Subject Access Request

 

Further to your request for personal data held by Barclaycard.

 

Unfortunately we are unable to provide you with the information you have requested as it has been deleted from our main computer systems and is therefore not available.

 

If the purposes of your request for statements was to calculate and reclaim the fees you may have paid in excess of the Office of Fair Trading limit, please write to Barclaycard Customer relations at the following address and enclose a copy of this letter.

 

Barclaycard Customer Relations

PO Box 599

Manchester

M60 3NF

 

Your sincerely

Pam Brown

Any feedback appreciated - you can find my thread at http://www.consumeractiongroup.co.uk/forum/barclaycard/82574-barclaycard-say-r-subject.html#post737039

[john10]

no sorry but have not got that far yet will keep posted

[tonycee]

Just wondering whether i should send reminder or just wait till 40 days elapses. They might feel they are not obliged to keep to 40 days seeing as they having taken money off me.

 

I don't want this to take any longer than necessary. what do you think?

 

bahoney

 

Dont waste a day my friend.i have been trying since 13 Dec 2006 to get my information.i have followed guidance to the letter and have so far sent 4 letters and made 5 phone calls. i make that 135 days and still promises,promises,promises. good luck

[rrhysevans]

Does the data protection act cover requests for copies of statments made over the phone?

[Guest Mumofthreeboys]

Dont waste a day my friend.i have been trying since 13 Dec 2006 to get my information.i have followed guidance to the letter and have so far sent 4 letters and made 5 phone calls. i make that 135 days and still promises,promises,promises. good luck

 

Why have you not sued for non compliance?

[Guest Mumofthreeboys]

Does the data protection act cover requests for copies of statments made over the phone?

 

No, it needs to be a formal request with payment.

[noomill060]

Read all the FAQs before you start.

 

Dont just jump in with both feet, hoping to pick it up as you go along.

 

If you do, the Banks will have you for breakfast.

 

You have to hit the ground running.

[starz 61]

Hi

Dont know for sure if I am on the same page here as I am a newbie.

 

A company called HFO services who bought a barclaycard debt of my husbands have given his information out to me with regards to how much he owes etc they have breached data protection?

They are demanding repayment by however means they can get it even having finance brokers ringing me. Also threatening to put a charging order on my home for the sake of £1,400

How do I stand in suing them for breaching this DPA

Help

[noomill060]

First read this thread: http://www.consumeractiongroup.co.uk/forum/other-institutions/10900-loan-company-cannot-supply-107.html#post758660

 

Then send them this letter, BY RECORDED and keep the slip as proof, along with a £1 postal order, take a note of the serial number of the Postal Order as proof:

 

your address

 

their address

 

date

 

 

Dear Sir/Madam,

 

Re:account number (insert a/c number)

 

 

Under s77(1) and s78(1)of the Consumer Credit Act 1974, you are ordered to supply me with the following documents:

1) A true copy of the executed agreement relating to the above referenced account.

1) A true copy of the deed of assignment

 

I enclose a £1 postal order serial number (insert serial number of Postal order) as payment of the maximum statutory fee.

 

Please be aware that this account is under dispute due to unlawful penalty charges and interest levied thereon.

 

 

 

Yours faithfully,

 

 

(your name)

 

 

 

They must provide this within 12 working days of recieving it. Check "track and trace" on www.royalmail.com

[noomill060]

This should shut them up.

 

You should then find out how much of the debt is made up of unlawful charges and interest levied on these charges. You may find that it is Barclaycard who owe you money rather than the other way round!

[starz 61]

Thanks will try its driving me mad they keep pestering.

Cheers

[noomill060]

Do not worry about HFO putting charge o the house. Only a Court can do this after a County Court Judgement which would certainly not be given while the account is in dispute, but you must start fighting HFO now or they will walk all over you.

 

On the positive side, on this site, you will find all the advice you need to wipe the floor with these vultures.

 

Youve fired the first shot in your war with them by joining CAG.

 

Welcome!

[noomill060]

But you must read and understand the reasoning behind this CCA s.78 request letter. Read as much of this thread as you can.I gave you.

 

Loan Company Cannot Supply The Original Agreement

 

Then read http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

before you start.

 

Your first task is to get your statements, so you know how much they have unlawfully taken. You do this by sending a Subject Access Request.

[noomill060]

Then start a thread of your own, in the Barclaycard section so we know where to find you -starz 61 v Barclaycard, will do.

[starz 61]

OK thanks for your help will be able to sleep tonight now!

[john10]

hi you are posting to the wtong person

[noomill060]

What are you on about, john?