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chorlton1

Chorlton vs Barclaycard ** WON **

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S.A.R. sent 12th December

 

£10 cheque sent and cashed (and for some obscure reason credited to my barclaycard acount which I cancelled having paid it off - still, I suppose they know what they are doing!) ;)

 

Telephoned today to remind the very nice gentleman from Mumbai of their obligations under the Data Protection Act - after being put on hold for a while he came back and said that I had to pay £3 for each statement....

 

I again remined him of their obligations under the DPA - after being put on hold again he came back and said I would receive the statements within 40 days...of the 28th December??!!

 

I again reminded him of their obligations under the DPA and offered to fax through a copy if they needed a written reminder and suggested he could hang it up by his screen for handy reference - after being put on hold again he came back and confirmed that I would receive the statements within 40 days of the receipt of my letter, being 13th December, unlucky for some and definitely for them!)

 

Prelim prepared and spreadsheet set up ready to be filled in, LBA typed up and standard items in court bundle (Case Law etc) printed and ready to be bound.


If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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I should probably post this under a new thread - how to make an easy tenner from Barclaycard...............!!! :)

 

Subject Access Request

 

 

I am writing to again request a fully comprehensive list of all the default charges for overdue payments, over-limits or unpaid debits/standing orders/charges I have paid since my account with you was opened in June 2003

 

Please find enclosed another cheque for the maximum statutory charge of £10. If you are unable to provide this data, I will accept a copy of my statements going back to June 2003; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the charges, which I’m entitled to by law.

 

I look forward to your response within 40 days of 14th December, as Barclaycard is obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.

 

 

 

 

 

You will note from the telephone records on my account both today and on previous days that I have already made a Subject Access Request (my letter dated 12th December, and received by Barclaycard on 14th December, is attached for your reference)

This initial letter was sent to the department that a representative of Your Company advised was the correct one within the Barclaycard group (again, please check your telephone records for 12th December when I was explicitly given this address which I have now been informed is incorrect).

Fortunately, my letter was clearly received by Barclaycard as my cheque for £10 was cashed…..and then nothing happened.

Having been cashed, the cheque was paid into my closed account (which has a zero balance).

I called Barclaycard shortly before Christmas and was advised by one of your operators (his advice was not immediately forthcoming, he had to put me on hold on several occasions to “clarify certain informations (sic)” ) that my letter had been received and that the statements had been requested and would be with me “within the deadline I had set”.

I am fascinated that, when I called again today, I was told that my letter had now not been received (which clearly it was otherwise you wouldn’t have been able to cash my cheque!) and that I was given “incorrect” information during my previous call.

It is disappointing that your call centre is unable to understand the nature of requests made under English Law and appear to be ignorant of the provisions of the Data Protection Act, as I was then told I would have to pay £3 each for “older statements” which is clearly a breach of the S.A.R - (Subject Access Request) provision of the Act and as such I shall ignore it.

The cheque rested in my closed account until I called again today. The cheque did not have my account number written on it so there is absolutely no way it could have been processed by an “automated” system (as claimed by another of your telephone operators today) which means ipso facto somebody at Barclaycard Northampton MUST have read my letter and should have acted accordingly. However, there is absolutely no record of any action being taken (other than my cheque being cashed).

One of the supervisors in your overseas call centre kindly refunded the £10 cheque to me this evening together with a goodwill payment of a further £10 for my distress and inconvenience – whilst this appears to me to be an easy way for me to make money from Barclaycard I trust that this follow up S.A.R - (Subject Access Request) request will be dealt with in a more professional manner.

As such it should be clearly understood by you that my S.A.R. was made on 14th December and as such Barclaycard is obliged to reply by 25th January ( I will allow you 2 extra days to allow for the New Year Bank Holiday) under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.

 

 

I am seriously tempted to go for a tenner a month profit and just keep sending the S.A.R - (Subject Access Request) to the "wrong" address, as I dont have many charges with BCard so could get it all back this way instead!!!!! :D :D :D :D


If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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Still no statements......looks like complaint to information commissioner with prelim the BCard (I will base my estimate of charges on £100 a month for 6 years, as in the absence of any data from them I only have 1 statement which had £100 of charges on it.......) I reckon that, coupled with contractual interest, will top out around 10k and will probably get their attention enough for them to print off the statements!


If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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Had conversation with Adrian Whalley, Head of Barclaycard Data Protection :

1) In November he had 1 member of staff working for him.

2) Since various TV and newspaper progs/articles the team has been increased to 4 people with more to come.

3) they have had over 1000 requests in last month or so for S.A.R - (Subject Access Request)'s (Go CAG members!!!).

4) He assumed that my request was to claim back charges - clearly they are under no illusions any more about why people are writing to them.

5) He said when I got my S.A.R - (Subject Access Request) response back I would be able to claim for the amount of charges OVER £12........

6) I thanked him for his opinion but suggested the OFT had not said charges of £12 or below were lawful, and that they still had to justify them, and that I would be claiming for all teh unlawful charges levied - he did not defend the £12.

 

He is actually a nice bloke and clearly under the cosh and I do have some sympathy as he clearly neither sets the charging policy, nor enforces it, nor has any responsibility for refunds - I didnt get a number for him but I was put through from the usual customer service number.

 

He confirmed the address to send S.A.R - (Subject Access Request) requests to is:

 

Data Protection Team

(you could make them c/o Adrian Whalley)

Barclaycard PLC

1234 Pavilion Drive

Northampton

NN4 7SG

 

He did confirm that I would get my list of charges within the 40 day deadline - I can only assume he is dropping them off himself over the weekend!


If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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Bad news - my statements didnt arrive so they are in breach of the SAR deadline

 

But, they have obviously tried very hard to meet my SAR request in time because..............


If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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wait for it..........................


If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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they sent me their SAR response for another customer instead, including their handwritten internal notes :eek::eek:

 

Now what do I do!!!!!! who do I complain to!


If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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In the templates area there is a non-compliance letter or something along those lines. You can also complain to the ICO (use their website). Plenty of other people doing the same - have a read around. If you have the info, you could get in touch with the person who they were supposed to write to and persuade them to play holy hell about disclosing information to you. Sweet Revenge!!


If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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I am certainly going to make a non-compliance complaint to the info commissioner - I think I will ask Adrian Whalley to choose who I tell firts - the IC, the FSA, the guy who's SAR I have (it's securely locked away, and I have not desire or intention to look at his data - the covering sheet has all his contact info) or a newspaper...;)


If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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Have enough statements (and made a few phone calls to check on some missing months!!) so have submitted 2 prelims which have morphed a little into LBA's but to be honest I am bored with Barclaycard now.

 

Sent a 3 part letter to 1) complain about getting somebody elses data 2) to request charges back on my BCard and 3) to get charges back on my charge card - also spoke to the data protection department and they were deeply unhappy that I had somebody elses data, and especially that I had some of their internal sheets too - they asked for teh data back and I ssaid it was secure and would remain secure until they confirmed my data was safe - if they couldnt do that I told them I will deliver it to the information commissioner for his safe keeping and they can ask him for its return :p


If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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BC rang me yesterday - my new mate Adrian Whalley - and asked if I could confirm that I really couldnt find any of the statements in teh letter they sent - I did have another look in the envelope just to make sure, but the cupboard was bare! ;)

 

I emailed my Prelim/LBA's and charges to him as, 3 days after receiving it, he has decided he now cannot read the fax I sent.

 

They have until next Monday or I will be going to the IC with the other blokes statements and the county court with my N1 - not bothering to slow this one down as they have had more than enough time to offer me something....

 

I am going to try and claim both the charge card and credit card at same time - I am still unsure if my entire charge card claim is valid but it will push the total claim way over 5k and then hopefully I can force disclosure if I am fast tracked - they won't want to do that for the barclaycard bit so may be forced to settl. If they do decide to go to court then I don't mind taking a hit on the costs if I lose the charge card bit of the case as they will have been forced to disclose their charges ad I will get something back on the credit card bit....I think that makes sense, at least it does in my head! :o


If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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Just a quick update...

 

Barclaycard settled in full on Friday after a flurry of phone calls and emails :D :D

 

Barclays Premier Card - got a "sod-off" email which I have replied to as they really have not addressed why I am claiming - suspect I will get another negative resonse so will be taking N1 down to local County Court this week some time.

 

If anybody has read anywhere of somebody else going against Barclays for a charge card please can you let me know - I have done this against amex on a charge card and was sucessful but would like to think I was not the first chasing after B.Prem.

 

Could a passing Mod please change this to ****WON**** :D


If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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Congratulations Chorlton and thank you for the contact details.

 

I'm sending my SAR today.

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Good luck nemo! Don't hold your breath on the SAr - you will get something at around 40 days but probably no more than a letter saying they can't comply as they are really busy so you must wait a little longer.

 

Its worth chasing them by letter and email a week or so before their 40 days is up, so they know you are on the ball....


If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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Congratulations - what a fantastic story, what happended with the other customers paperwork did you return it to them or did you in fact send it to the Commissioner!

DS

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In hindsight it was a bit of a giggle!

 

The one thing it has taught me above all others is to never have dealings with Barclaycard again, and to never trust them again.

 

I returned the statements and their info to them over the weekend - I did telephone the IC and he said I was not the first and will not be the last and that they are annoyed with the banks but not much they can do other than write the banks a letter saying they are useless - on that basis I couldnt be bothered to drag it out as I would not be able to penalise the bank which is what I would have loved to have done.

I am sure that, because somebody else didnt get their statements on time, I received my settlement early.

I am also sure that Barclaycard don't care two hoots about our data, they are just shovelling it from A to B and back to A again, and if it gets sent to C by mistake well, ho hum, lets go back to A and start again.

 

I am also sure that they will treat my charge card claim with disdain until I get to 24 hours away from court and then, suprise suprise, I will get a cheque......


If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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Oh, one thing I forgot to add...they still have not paid the £20 sitting in my closed account!


If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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Why don't you phone them and ask them to refund it!

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I have done - 9 times now!


If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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Well done Chorlton. You mentioned emailing Adrian, do you have an email address we can use, or a fax number?

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Fax is in the sticky....

 

his email is adrian.whalley@barclaycard.co.uk


If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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Thanks for that. Still waiting for my statements!!

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perhaps they are reading my thread - the £20 turned up in my current account :)


If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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Or it was the 9 calls you made to remind them - congratulations another satisfied CAG member.

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Hi Chorlton1

 

Did they raise the argument of just refunding the charges minus the £12 "reccommended" by OFT, or just refund the full whack withiut any bartering?

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