Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Hi   You mention you got a cavity installer out to to redo the walls and they stated they couldn't do it as you already had the cavity insulation. Do you have a written report from this company that states there is cavity installation?   Then you contacted the EPC Assessor directly and they stated an error had been made as none had been done. I assume you have a copy of the original EPC so I would (if you are in England or Wales) have a look at this link and enter certificate reference number to see if this EPC Assessor has actually amemded it to state none: https://www.epcregister.com/searchReport.html   I can understand your furstration but IMO with the EPC if you have a copy of the original and the Assessor has stated the error and they will amend the certificate IMO I would wait till the Assessor has amended/updated the EPC error (gives you more evidence of Maladministration by this Assessor)   Which Company was the Assessor employed by?   Ofgem link: https://www.ofgem.gov.uk/key-term-explained/energy-performance-certificate-epc   This link may help explain an EPC a bit better: https://energysavingtrust.org.uk/home-energy-efficiency/energy-performance-certificates   Do you know when the bungalow was actually built/how old it is?   When you were purchasing the property did you get employ your own surveyor to get a report on the property at all?   Their is going to be no fast resolution to this sadly but you need to gather evidence to be able to challenge the Estate Agent/Previous Property Owner.
    • My stepson took out credit with Klarna finance to the tune of £700 on the 3rd February   One of the parts ordered was a motherboard to go with some other pc parts that got delivered on the 10th February minus the motherboard.   He emailed ebuyer to be told a load of crap. Basically there was an error on the system for that board and for some reason couldn't order another one so offered a refund. He argued that finance had already been agreed and £700 was paid to them so in effect they had the money for the board and it was saying that 10+ was available on there site.   After a couple of days and 7 enotes and a complaint on trust pilot it turns out they can't order a new board on the same account if one has already been ordered and failed it has to be refunded or paid for by another payment method.   So they offered a refund or another board same price or cheaper but not the same one.   So he found one cheaper and asked for that to be told he can't have it as it's coming from the same wharehouse. So they wanted there technical team to advise on another board direct from they shop but he said they don't have any that are 100% compatabile with what he bought to go with it.   So he asked for a refund last thursday 13th February and chased this up on Monday 17th to be told it has been passed onto the refunds team and she will chase this up and will let him know when it's done.   Its friday 22nd now and still no news of a refund going back to Klarna and since all this they've been sending emails and even an invoice from ebuyer the other day for the full amount of the payment terms.   first payment comes out 18th March but Klarna said any issues with finance issues are dealt direct with Ebuyer.   How long do you think he should wait that would be considered unreasonable for a refund?
    • If the gambling site want you to go down the fraud route then you have no choice because that it was it is.   On the other hand you both could have set this up and when you didn't win anything tried to claim the money back and act all innocent like it was a mistake and you'll both get done for fraud.
    • Hi Andy   Yes I copied it because I thought our claims were very similar. And no all Lowell has sent was the two letters I uploaded today.    Andrew
    • Hi Sneezer and welcome to CAG   Firstly, calm down and trust us when we say the gym or CRS will do nothing to affect your credit rating or anything else.   The Site always needs Donations to keep us here to help folk but Site Staff help folk for nothing ! No payment required thanks. 😎   You say you thought the m/ship was for just 12 months but please tell us :-   1. When did you join the gym.   2. When did you last use the gym.   3. Do you know if Harlands collected the gym fees by DD each month, or another company.   Give approx dates if you're unsure and we'll give you the best advice we can.   Do NOT stress about this at all - CRS are well-known for chasing debts making threats they NEVER carry out. They're famous for chasing Harlands gym cases because Harlands/CRS are the same company. So Harlands threads here (100's of them) will confirm you do NOT need to worry about CRS at all.   Answer the Q's above and we'll suggets if you should reclaim DD's taken from from your bank.
  • Our picks

BankFodder

Barclays breach of the Data Protection Act

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2668 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Save yourself the cost of a stamp (you can still record freepost deliveries).

Barclays Bank plc

1 Churchill Place

FREEPOST RTLA-CSUE-TCHC

London

E14 5HP

Share this post


Link to post
Share on other sites

Thanks!

Share this post


Link to post
Share on other sites

Hi Bankfodder,

 

I need a bit advice as I think that I may have Barclays by the balls, so to speak! I requested my data and received this without any problems. When going through the paperwork, in and amongst all of my bank account print-outs, I have an entries report print-out for a random persons bank account - showing name, sort code and account number. Now I am fully aware that this is an obvious breach of the DPA act, but I would like to know how to use this to my advantage, in the best possible way. In my request for the charges back, I was just going to add on that I had discovered that they had breached the DPA by providing me with another person's bank details and that this would be brought to the court's attention, if they decided not to repay the charges in full. (or something like!)

 

Any suggestions?

Share this post


Link to post
Share on other sites

Henneth - whilst you are right in thinking that Barclays have made one almighty cock-up I fail to see how their breach would help you if your claim went legal. Your claim for charges and their breach of the DPA are two seperate issues. I can understand where you're coming from by wanting to highlight their howler but at the same time, something at the back of my mind tells me that to try and put pressure on them to settle in full by using their mistake as an incentive to do so could be viewed as some kind of blackmail (or whatever the correct legal terminology is). If you were to mention it on the phone, calls would be recorded and if you put it in writing,their would be physical hard copies. I'd like to think one of the legal-eagles on the site might be able to jump in here but I would certainly recommend you get a second opinion on that before you jump in feet first. Good luck, Barclays will no doubt take you for as long a ride as they can, but stick to the rules and guidelines contained on the site and you will come up trumps.

Share this post


Link to post
Share on other sites
I have an entries report print-out for a random persons bank account - showing name, sort code and account number.

 

but I would like to know how to use this to my advantage, in the best possible way. In my request for the charges back,

 

Any suggestions?

 

You might want to perhaps ask them if they want you to send this info. to the person concerned or Barclays. No need to guess what they would say, and thens you might add, if there was any incentive for being such a considerate person.

Share this post


Link to post
Share on other sites

Humbleman - I like your style. With the banks flooded with complaints at the moment it would be a truly considerate gesture to offer to help resolve this little faux-pas by forwarding the wayward paperwork to the rightful owner.

Share this post


Link to post
Share on other sites

I'm still waiting for acknowledgement of my SAR. Perhaps it is my statements you have....lol

Share this post


Link to post
Share on other sites

Hi trucker

 

I sent my SAR on 26/02/07 and got a response from a Mr Townsend on 5 March saying statements would be sent within the next few weeks. Also got my £10 cheque returned as a complimentary gesture.

 

Did you get a similar response?

 

Bahoney

Share this post


Link to post
Share on other sites

Morning bahoney

 

No not got anything as yet. Sent SAR on 28/02 recorded delivery to Head office. Thought i would have heard something by now. I will give them until the end of the week then remind them of their obligation to furnish me with relevant info within 40 days. Interesting though, my debit card has had its restrictions lifted.

 

Trucker

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

I would give them a couple of weeks then wite to them and remind them of their obligations under the DPA despite their complimentary gesture.

Share this post


Link to post
Share on other sites

They have a statutory duty to provide you with the data you requested.

 

Whether they feel obliged to do so is neither here nor there, if they dont, then make a complaint to the ICO.

Share this post


Link to post
Share on other sites

trucker- they know full well what their obligations are...

Share this post


Link to post
Share on other sites

Trucker & Bahoney - bear in mind the volume of complaints the banks currently have in hand. They have 40 days from receipt of your SAR's to send you these statements and are recieving thousands of new complaints every day. I would personally give them a bit more time and start chasing when the 40 days is closer to running out.

Share this post


Link to post
Share on other sites

You could if you were feeling charitable, but may I quote from a letter I recieved from the Information Commissioner following a complaint to the Woolwich:

 

"Following a recent OFT decision about "penalty charges" we are aware that the number of individuals making SARs to financial institutions has significantly increased. However, clearly these financial institutions are still required to comply with SARs within the statutory 40 calendar days"

Share this post


Link to post
Share on other sites

noomill060 - whilst I respect your comments in reality do you think chasing after 12-14 days into a 40 day period is going to get you anywhere?

Share this post


Link to post
Share on other sites

No point reminding them at all until the last week, which they wont take a blind bit of notice of anyway!

Share this post


Link to post
Share on other sites

I have an action going through against Barclaycard for non-compliance with my SAR.

 

They have until 6 April to put in a defence.

 

Whats the betting they wont bother? :rolleyes:

Share this post


Link to post
Share on other sites

You might be hard pushed to find someone prepared to take bets on that one.

Share this post


Link to post
Share on other sites

hi bankfodder,

have already posted this on barclays forum but didnt receive any replies and was wondering if you could help me. this is the letter i recvd from barclays 20 days after sending my dpa request letter, (i used the template letter from this site) they also sent my cheque for £10 back :

 

please be aware that the bank is not under an obligation to present information according to any particular format. therefore your request to assemble a schedule of charges is turned aside. you may of course obtain this data from copy statements and these will be supplied to you within the next few weeks without charge on this occasion. we would advise however that statement information prior to 2000 is stored manually rather than on computer therefore if your account was opened prior to this time there may be an increase in the time required to collate the information you have requested. i apologise in advance should this delay be the cause of any inconvenience to you.

 

as regards your mention on manual intervention the dpa does not oblige the bank to comment about internal policies and procedures. furthermore in the context of managing day to day transactions arising from out of order accounts the bank does not hold the information you have requested in a form that would be covered by the dpa. whilst aggregated information is retained for statistical purposes this would not constitute personal data under the dpa and therfore would not be covered by a s.7 dpa subject access request. for the avoidance of doubt the fact that we do not generally record information that is caught by the provisions of the dpa, is in no way an admission that there was no such manual intervention.

 

as the bank is providing the copy statements on a complimentary basis your payment is returned herewith.

 

 

I would really appreciate your help here as im not sure what i should do now. tara

Share this post


Link to post
Share on other sites

Hi all

 

at court on 13 April [Friday] not good!!!, had to take Barclays to court to get my requested info, they tell me notification of charges are only kept for 3 years, then i guess they spontanioulsy combused as they disappear and barclays cannot retrieve them, lets hope the jugde can eh!!!

 

hels bells

Share this post


Link to post
Share on other sites

Tara - what you have received is a standard reply from Barclays acknowleding your SAR. Whilst it may look a little frightening you have nothing to worry about because all of the information you really need is contained in what they have agreed to send you. Barclays have 40 days under the DPA, from receipt of your SAR, to provide this information. They will send you a computer printout with your account transactions etc. over the last 6 years. Once you have received this the information needs to be entered into the spreadsheet available from this site which generates a schedule of charges and interest. From the top of my head I can't remember where the spreadsheet is located but I'm sure someone else will jump in here and point you in the right direction.....

Once you have collated all of the information you are in a position to start the process of asking for it back.

If you have any problems, post, and someone will jump in and help. There's a huge network of VERY helpful people at your fingertips so use it because you will need it. Make sure you've read all of the guide notes, it's really important to be accurate at all times. Good luck, you'll be fine.

Share this post


Link to post
Share on other sites

Good Luck


Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...