re Information Commissioners letter

[,hills]

I am at MCOL stage myself with Barclaycard and have found the forums advice excellent, only got the normal 2 years back statements, then times'ed them by 2 to get 6 years estimate, had the offer, refused and waiting for defense etc....

 

I am helping my friend with his Barclaycard claim, and have only just sent off the SAR. Although I am getting the hang of the process, I am reading through he threads that people are going via the Information Commissioners Office complaining about the Microfiche excuse and that they are now getting success in obtaining the full 6 years worth of their statements.

 

My questions are, that my friend has probalbly not used or had access to his card for nearly 2 years, so when/if he gets his 2 years statements it may well show nothing that he can estimate his charges on (he is currently on a payment plan for £850 he owes them). But almost certainly the previous 4 years were where the heavy charges were imposed and which is where he would be able to claim most of which, if not all of what he owes Barclaycard.

 

answers please :

 

- Are Barclaycard now giving the 6 years statements as requested by the SAR

 

- If not, do you have to write to the Information Commissioners Office complaining that you are not getting them

 

- Is there a standard letter to complain to the ICO.

 

Once/If the 6 years statements are received I am sure my mate will be very happy.

 

Thanks again.

[tuffjam]

A bump for this as I'm in a similar situation to your friend. My account is now closed as I paid off all the money I owed them (before I knew about this place!) but a massive chunk of it was made up of charges from more than 2 years ago.

 

Anyone able to shed any light on hills questions?

[brechiner]

I am at MCOL stage myself with Barclaycard and have found the forums advice excellent, only got the normal 2 years back statements, then times'ed them by 2 to get 6 years estimate, had the offer, refused and waiting for defense etc....

 

I am helping my friend with his Barclaycard claim, and have only just sent off the S.A.R - (Subject Access Request). Although I am getting the hang of the process, I am reading through he threads that people are going via the Information Commissioners Office complaining about the Microfiche excuse and that they are now getting success in obtaining the full 6 years worth of their statements.

 

My questions are, that my friend has probalbly not used or had access to his card for nearly 2 years, so when/if he gets his 2 years statements it may well show nothing that he can estimate his charges on (he is currently on a payment plan for £850 he owes them). But almost certainly the previous 4 years were where the heavy charges were imposed and which is where he would be able to claim most of which, if not all of what he owes Barclaycard.

 

answers please :

 

- Are Barclaycard now giving the 6 years statements as requested by the SAR --NO they are not

 

- If not, do you have to write to the Information Commissioners Office complaining that you are not getting them --YES you do.

 

- Is there a standard letter to complain to the Information Commissioners Office. Not on this site that I have found

 

Once/If the 6 years statements are received I am sure my mate will be very happy.

 

Thanks again.

 

Answers after the questions

[tuffjam]

Thanks brechiner. I guess it was wishful thinking that Barclaycard had decided to play ball...

[skbuncks]

Is there a standard letter to complain to the Information Commissioners Office. Not on this site that I have found

 

 

Standard complaint form is here

 

Data Protection Complaints – Information Commissioner’s Office (ICO)

 

skb

[nads75]

Same here guys, had two years of statments that had no money on them, cheeky beggars as i too paid my card off but didnt close my account. Ive made my complaint to the commisioners , but not heard anything from them yet, but i did resend my "im annoyed" letter to barclaycard telling them of the recent ico findings and the fact i was complaining. Im still hopeful that i dont have to fork out for he earlier statments which could be an option for your friend Hills?

[noomill060]

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.

 

(Avoid the showers, Peter, and dont go into the greenhouse, what ever you do!)

 

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

 

 

Non disclosure imprisonment threat against RBS Data Controller!

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.

[Bicester1]

Hey ho! This letter sent today! Happy Christmas Barclaycard!

 

 

Mr. Carl Nuttall

Customer Relationship Manager

Barclaycard

PO BOX 599

M603NF

 

Your ref: 10022Z32

Our ref: BC3

 

 

Data Protection Act 1998

Subject Access Request

Breach of your obligations

 

Dear Sir,

 

BARCLAYCARD CARD ACCOUNT NUMBER xxxxxxxxxxxxxxxxxx

 

I refer to my letter of 2nd December. You are now in breach of your obligations under the Data Protection Act.

 

I note your failure to supply me with statements held prior to May 2004 and your contention that this is because they are held on microfiche which “does not constitute a relevant filing system.” I do not accept your position and draw your attention to the Information Commissioners Office [information Commissioners Office] rejection of a very similar argument advanced by the Abbey National Bank earlier this year.

 

I understand that Barclaycard has now been visited by representatives from the Information Commissioners Office and that the Information Commissioners Office have ruled, contrary to your contention, that the microfiche system is indeed a “relevant filing system” and that therefore you are obliged, under the Data Protection Act, to supply the information so held within 40 days of a request

 

You have failed to do so and I have therefore today made a formal complaint to the Information Commissioners Office. I shall also commence legal action to force disclosure and would in that context draw your attention to a recent posting on the Consumer Action Group website:

 

“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”.

 

I suggest you may wish to bring this to the attention of your Data Controller as I assure you I will not hesitate to use the full force of the law against you if you continue to fail to comply with your obligations under it.

 

 

Yours faithfully,

 

xxxxxxxxxx

 

cc: Data Controller Barclaycard

Chief Executive Barclaycard

[Bicester1]

Hi

 

Does anyone know if Barclaycard and Barclays Bank have the same Data Controller?

 

Hapy Christmas Barclaycard.

 

Bicester1

[ncf355]

Would we have a case to file the claim directly against their named Data Controller, rather than 'Barclaycard PLC'?

 

Now that could be fun!

[Bicester1]

Hmm

 

Good point but guess they are an employee so maybe not personally liable. Still the Judge seems to think so with the RBS. Shall we ask the ICO? Might be worth a letter to the Barclays CEO!

 

Happy Christmas Barclaycard

 

Bicester1