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Barclays breach of the Data Protection Act


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Thanks for that. Will try the number, if it's not one I've tried already. Did send them the non compliance letter. No reply to that either. I would love to go there in person but no chance. I'd camp on their doorstep all night and day if I had to just to get information that's rightfully ours.

 

Brainwave!!!! I'll ring them twice a day and really get up their noses, then they might send the statements out.

 

By the way Hazyhog, would the nice gentleman you spoke to be a Donald Welsh by any chance? If so don't bank on your information arriving anywhere near the time slot he mentioned. Yes he's very nice, very, very apologetic but I'm sure he's only been hired to make you feel better. He can't really do anything. I'm going to try him again tomorrow and this time I won't be sucked into his nicey, nicey talk.

 

I might just go round the bend before anything turns up. Hope not!

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Thanks for that. Will try the number, if it's not one I've tried already. Did send them the non compliance letter. No reply to that either. I would love to go there in person but no chance. I'd camp on their doorstep all night and day if I had to just to get information that's rightfully ours.

 

Brainwave!!!! I'll ring them twice a day and really get up their noses, then they might send the statements out.

 

By the way Hazyhog, would the nice gentleman you spoke to be a Donald Welsh by any chance? If so don't bank on your information arriving anywhere near the time slot he mentioned. Yes he's very nice, very, very apologetic but I'm sure he's only been hired to make you feel better. He can't really do anything. I'm going to try him again tomorrow and this time I won't be sucked into his nicey, nicey talk.

 

I might just go round the bend before anything turns up. Hope not!

 

i had a simila problem with halifax. In the end i filed a claim using the N1 form with the courts for non-compliance of SAR under data protection act, using the templates in the library. It cost thirty pounds, claim for costs and damages at the discretion of the court, and i soon got my statements and costs back!! this may be your best option now.

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I have just received a letter from the Information Commissioners Office saying that they are writing to Barclays and asking them to comply with my S.A.R - (Subject Access Request). However they state that I may wish to proceed down the Court route for damages and that they cannot prosecute Barclays for their breach of the Data Protection Act!

Reporting them to the Information Commissioners Office is simple and can be done online and they will email you with their findings. My response came within 14 days and I will use this letter in my N1 because it clearly states that Barclays are in breach.

 

 

Struggling to find the commissioners email addy ( IIRC, he had a red phone on his desk when I as little. Put him straight through to Batman!!), can someone post it for me??

 

I've not had my S.A.R - (Subject Access Request) replied to, although it was not sent recorded.

 

Cheers Nathan

 

 

Edit: Seen the contact number cor cust liaison. Will update after a conversation.

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  • 2 weeks later...

I Finnaly got my copy statements through! it took almost 2 months(well 1 1/2), 6 complaints, a threat of reporting to oft and threat of court! They owe me £480, sent off prelim and fingers crossed!

 

David

All debts now paid off and I'm on my way to full bill of clean health on my credit scores!

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Well, finally the statements came through. Hooray, only been waiting since February. Is that a record I wonder?

 

I rang the number saintly 1 posted on here which, for anyone else, I'll repeat - 0800 282 390 - and spoke to a young lady (name I didn't get, sorry). She said it would be dealt with that day and put in the post that evening, so should receive statements within 2 days.

 

The two days turned into 3, then 4, then 5, and I thought 'here we go again'. But on the 7th day they turned up. Phew!!

 

Now it's just a case of working the charges out and sending in the claim. That's another hurdle to overcome, but one I intend to jump over.

 

I will post the outcome in the near future.

 

Good luck to everyone in the same boat. :)

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I have a court date for my claim against B's for DPA breach.

 

Could someone please advise on a point of law with regards to Small Claims Court powers and limitations.

 

Briefly:

 

B's & I have exchanged lots of letters/emails wherein they have lately begun stating that they sent my statements last March. I have continually explained the statements sent were for another unrelated SAR. I have repeated throughout that I still require my statements for this account.

I MCOL'd for:

1) Court Fee

2) xxx damages (less than £50)

3) Order for them to comply and supply statements

 

B's have put in a Defence that states they have already sent statements.

 

B's offered to settle for full amount & I said okay ON CONDITION you send through statements. B's wrote few days ago to say they had deposited full amount in my account (it was closed years ago!) but no mention of providing the statements.

 

My question is:

 

Since Small Claims delas with money debts and B's have offered to settle the full monetary amount of claim, are B's working on the basis that I do not still have a legitimate claim? I want my SAR satisfied and that is the only reason I must continue with my claim.

 

Will the court chuck it out because B's have offered full £££ settlement even though they haven't complied with SAR? In which case, what's the point of putting a DPA breach claim in if the bank can just pay off costs/damages and ignore the POC request for an Order for them to supply list of charges?

 

Has anyone got to the stage of having to go to court (allbeit a 5 mins Directions) because bank still wouldn't provide statements?

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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  • 4 weeks later...

Barclays Head Office Address:

 

Barclays Bank PLC

1 Churchill Place

London

E14 5HP

 

Send all your correspondence registered mail :)

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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  • 8 months later...

Hi, I am requesting information on Limited Accounts via Barclays accounts and experiencing delays ... The 40 days are nearly up ... Question:

 

For limited accounts is the DSAR letter different from an individual one? if so please link it here.

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Papadak,

 

See my reply on your thread in the Barclays main forum:)

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  • 1 year later...
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.

 

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

 

 

Non disclosure imprisonment threat against RBS Data Controller! pdf_button.png printButton.png emailButton.png

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.

 

The link above no longer appears to work. Can anyone point me to the thread if there is one or a media report please. :)

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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The link above no longer appears to work. Can anyone point me to the thread if there is one or a media report please. :)

 

I think I might know of what the case was about at that point in time.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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I think I might know of what the case was about at that point in time.

 

Care to share, please :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Care to share, please :)

 

Love to if I could find the darn thread. I thought it was a former site team member who is no longer here anymore, or on any site for that matter, cos that scenario sounded familiar but I cannot seem to find a thread with it on so I am kinda stumped. They fought NatWest for reference so RBS Group data controller would be the reference.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Thanks, YB.. I will use that information to search.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 months later...

Hi Alison,

 

Articles 18,19 and 20 from here - The Consumer Forums - Bank charges templates (consumer)

 

:)

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Hi what are people to do now if Barclays won't comply to their SAR's?

 

Mine wasnt exactly bank charges but nonetheless it proved very worthwhile.

 

gawd knows how to attach the link but if you click on my username and check the thread regarding catalogues and SAR it'll show you what can be effected with very little effort.

 

Think mine is looking like an exception rather than the rule but the same legalese applies to any non compliance damages claim.

 

Gez

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gawd knows how to attach the link

 

Alison, the link to Gez's thread is here - http://www.consumeractiongroup.co.uk/forum/mail-order-catalogues/208980-catalogues-exempt-companies-act.html

 

If you want further advice about your case, start a thread in the Barclays forum.

 

:)

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