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Barclays breach of the Data Protection Act


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Right i've downloaded the N1 form from the Library, and some literature to put in the N1 form, but not sure where to put it. Secondly as stupid as this may sound once i've completed the N1 form do I need to send a copy to the court and a copy to Barclays.

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Hi

 

No copy to court only - they serve it on Barclays.

 

Good luck

 

Bicester1

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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Adrian Whalley is the main man and Peter's boss

 

Adrian Whalley

Radbroke Hall

Knutsford

Cheshire

WA16 9EU

 

HI, I seem to be having the same problem as many others in so far as that I have not receievd anything from Barclays relating to my SAR. Not even a standard fob off letter.

They are over the required 40 days and I wish to send a letter of Non compliance giving them a further 7 days, after which time I will start with the court action. Just wanted to check if it would be ok to use the address above to send the Letter of Non-Compliance ?

I have also been reading the threads and it mentions about reporting Barclays for this breach, should I do this now or wait and see if I hear anything back regarding this next letter.?

Some guidance would be great, as I have gotten confused by the varying answers throughout this thread:rolleyes:

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I issued proceedings for Barclasy non-compliance of the DPA and was awarded a judgement in default in the order of £250 !

 

This is obviously, in addition to the charges claim...I have now sent in a pre-six years SAR and I hope they default again so I can put another non-compliance of the DPA claim in !!!

Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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I have just received a letter from the ICO saying that they are writing to Barclays and asking them to comply with my SAR. 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 ICO 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.

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That is exactly what I did....:)

Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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Hi,

 

I'm new to the forum, but I am in the process of reclaiming my Bank Charges.

 

In fact, I'm at the stage of taking Barclays to Court.

 

I have all of the Bank Statements from the past 6 years and have calculated the interest etc. (I waited the obligatory 40 days then another week without response, so I phoned them and they returned my £10 cheque together with the Bank Statements).

 

Who do I state as being the contact at Barclays for the Court action and at what address?:confused:

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Hi,

you dont need to name an individual, just name the organisation and list the head office address

:D Actions in progress

Natw West on hold pending test case

LLoyds claim 3 on hold pending test case,

 

:lol:Claims Settled

LLOYDS TSB x 2 WON,

MBNA WON,

A&L WON,

GE Money x 2 WON , c

o-op visa WON, capital one visa WON,

Halifax (o/h) WON,

capquest, WON

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Update- I recieved a letter from Adrian Ruffhead promising to provide my missing statements and an offer to pay the amount I am claiming in damages for their non-compliance. (£242.56)

 

i have recieved all statements bar three of them. Oct, Nov and Dec 2000.

 

Adrian Ruffhead says that all im going to get because they only keep them six years.

 

My SAR is dated 4 October 2006.

 

Ruffhead has said in an email sent today that £242.56 will be deducted from my outstanding balance rather than in the form of a cheque, as stated on my Small Claim form.

 

I have been defaulted for the amount of £8000+.

 

On two occasions, with two different debt collection agencies I have sent CCA requests, and on both occasions they have defaulted, the first one has now been in criminal default since December, the second is well over the twelve days.

 

As the agreement is now unenforceable, can this be used to demand damages in the form of a cheque, rather than simply deducting this from my outstanding balance?

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Am on Day 63 since S.A.R - (Subject Access Request) received, follow up calls and a further letter but nothing.

 

Information Commissioners Office seems worse than useless. They said they will send my complaint to Barclays in a "batch" at the end of the month (a further 20 days away plus time to actuall get statements).

 

Am getting very frustrated by Barclays but even more determined.

 

Perhaps instead of making 1000 people redundant Barclays could re-deploy them to clear backlog of SARs - some hope.

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Hi

 

Barclays have until tomorrow to send me my bank statements and then I can start court action. But if I also report them to the commissioner am I then obliged to hold back my court action until I hear from them???

;):razz:;):p;):p
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Hi Just thought this may help it is a little bit of advice regarding sar that someone passed to me in my thread, having waited 40 days i spoke to donald welsh at barclays who told me about the delay and said it would take another 2 and a half weeks but someone told me to ring customer relations on 0800282390 which i did and belive it or not my statements arrived the next day try it lol it really works

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Thought I'd let you know I've just spoken to a really nice lady at customer relations. She informed me a letter had been sent to me on the 26th April (which I didn't receive) stating it would take up to eight weeks for my statements to be sent to me but that she would send them to me today!!!

 

She has promised I'll be in receipt of my statements no later than Friday. I'll put a message up here to say if she was telling the truth lol :p

;):razz:;):p;):p
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nope didnt need to just told them it was over 40 days since i had requested them and didnt want to wait any longer and the very nice lady arranged to send them out that day, no nonsense about checking for quility control that donald welsh gave me. try it call em tomorrow

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A quick update to the situation of receiving statements

 

I, too, have been waiting for statements to arrive from Barclays and sent a non compliance letter on 12th April as the 40 days were well past their sell by date.

 

Finally managed to get through to them by phone today and spoke to Donald Welsh. As mentioned in chat, he's very friendly, if somewhat a babbler. He agreed that it is taking too long to send statements out and is arranging for them to be put on the urgent list. However, he says it will still take 2 - 2 1/2 weeks before i get them.

 

I wasn't going to push him, though I did say that my non-compliance letter stated 7 days, as he said there was nothing more he could do.

 

Well it's now been 4 weeks and nothing. Unfortunately,I never did get round to making a complaint. However, this is something I am intent on doing today.

 

I will try to contact Donald Welsh again and ask him what the hell is going on, as the initial request was sent in early February and it's now almost end of May. It's past a joke really. Barclays didn't wait anywhere near as long to send letter after letter to my daughter demanding she pay her overdraft account in full, nor did it take them long to pass it on to debt collectors.

 

Let you know what transpires.

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Another update. Just spoken to Donald Welsh again. As usual he's very friendly and apologetic. Seems to feel that there may have been an issue with the address which might have caused the non post of statements. Also said he's going to speak to his manager and feels that he will push it through quicker, hopefully meaning we will get them within 7 days.

 

Well, we shall wait and see what transpires.

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sahs did u try customer service number i gave in earlier post dont know why but they can send statements out same day nothing against donald he seems very friendly lol but i think his job is chief staller

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Guys sorry to hijack thread but I seem to be experiencing the same problems as some of you. I dont know where to go next with my court claim. Take a look at my thread if you dont mind.

 

Bank, tried to send you a private message but it seems your a popular chap and your inbox is full.

 

http://www.consumeractiongroup.co.uk/forum/legalities/57971-people-barclays-bank-data.html

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Julie1971 you're a star. i have (due to illness) given Barclays well over their 40 days and zip all from them. i 'phoned your number after reading the thread here and told customer services, very sorrowfully, that i thought I should give them one more chance before i made a court application on non-compliance of the FOI...

 

the nice man couldn't make enough apologies, and references to the huge amount of requests they've had (bloody right too), and said he'd put me on the urgent list, and the only reason i wouldn't get that until wednesday was because of the bank holiday. i think i believe him...

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  • 2 weeks later...

Well. here I am again. Posted 23rd May about statements not received and was told they'd be put on 'urgent' list. Should have received them a week ago but --- nothing!!! These were requested in February. Twice I've spoken to Donald at Barclays and he's promised the earth, but it's all come to nothing.

 

Today I had an email from ICO, but all they've said is that they will write to Barclays about non-complaince and in the meantime we should make a claim for what Barclays owe us anyway. This I can't do as I have absolutely no idea how much it is, nor could I even hazzard a guess.

 

So now I've got to play the waiting game. Might try and speak to Donald once more but I really feel I'll be wasting my time. Ah well, nothing ventured, nothing gained as they say.

 

:-x

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