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Barclays breach of the Data Protection Act


BankFodder
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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?

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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.

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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.

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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.

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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

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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

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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

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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.

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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"

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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

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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

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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.

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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."

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