Clarkey1 v Barclaycard

[clarkey1]

Dear All I too have received statements but they start from May 04, the letter that I received with the statements states

 

Statements that are prior to this date are not held on a computer system or a structured relevant filing system and therefore, they do not fall under the data protection act 1998.

They can be obtained from our customer services dept at a cost of £3 per statement.

 

From Lindsay P Hilton

 

Would it be ok if I sent my preliminary letter requesting the charges that they have applied from May 04 to today’s date and state that they still need to issue the remaining statements within my original time scale set of 40 days which will be up in 6 days?

__________________

[BankFodder]

Yes, and you could also ask them what kjind of system is it that they are not in a relevant filing system.

 

The fact that they are clearly retrievable by reference to your name or account number puts it beyond doubt that they are in a relevant filing system. - Don;t say this to them.

 

Just ask them for an explanation.

 

In the meatime, calculate your charges.

Move this one forward quickly. No prelim letter as they are clearly being obstructive.

 

Once you have your charges sussed, send them a 14 day LBA on the charges AND the non-compliance and then begin an action for both.

My guess is that they will settle on the charges and may decide to defend on the DPA. We'll see.

 

So, ask for explanation

but in any event 14 days LBA

Then the Good News.

 

 

All DPA claims must be started on an N1.

[clarkey1]

This topic was closed on 09 March 2019.

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