Microfiche letter.

[trudyscrumptious76]

Hello. I received the usual microfiche letter from Barclaycard. I'm getting concerned as they say if they don't hear from me within 8 weeks they'll close my file. It's nearing that date as the letter they sent is dated December 8th. Is there a link to a letter that explains that the microfiche stance is no longer legal due to the Information Comissioners Office findings?

 

I'm sorry if it's already been posted. I have looked through some of the posts, but I've not been very well lately and reading through lots of information just confuses me more that normal!

 

Also as it was my fault for not responding sooner to their letter does the 40 days SAR request still count?

 

Thanks for taking the time to read this.

[e28bigalbexley]

Hi Trudy

If you have not recieved you staements yet due to their arguement heres your what you should use in your reply

http://www.consumeractiongroup.co.uk/forum/barclaycard/50148-barclaycard-microfiche-they-wrong.html

 

You could just send another £10 and start again thats up to you.

 

I would be inclined to give them another 21 days and warn them if they do not comply with your request you will be infoming the IC of their failure to supply within the timescale allowed in the act.

 

Dont forget you set the timescale if you say 14 days you mean 14 days

AL:)

[trudyscrumptious76]

Thanks AL. I must admit have been letting timelines slip. New Year now so I will stick to what I say!

 

Thanks again!! That's helped a great deal.

[Glenn UK]

Hello. I received the usual microfiche letter from Barclaycard. I'm getting concerned as they say if they don't hear from me within 8 weeks they'll close my file. It's nearing that date as the letter they sent is dated December 8th. Is there a link to a letter that explains that the microfiche stance is no longer legal due to the Information Comissioners Office findings? you have the link to the post re the barclaycard fiche argument posted above

 

I'm sorry if it's already been posted. I have looked through some of the posts, but I've not been very well lately and reading through lots of information just confuses me more that normal!

 

Also as it was my fault for not responding sooner to their letter does the 40 days S.A.R - (Subject Access Request) request still count? Its debateable, if you have been following up definitely, if you have let it lapse then they will argue about it.

 

Thanks for taking the time to read this.

 

How long ago did the 40 day statutory period lapse and what correspondence has gone back and forth since then?

 

Depending on your resposne will depend on what you could reasonably do.

 

FWIW if you resubmit then you have to give them 40days imho, the act doesnt allo0w for any other timeframes as far as i am aware.

 

If you dont resubmit and assert your rights under the original SAR then if the 40 days has expired then they have failed to comply.

 

Its what you have done since or not that might influence a court in determining what they may enforce or not i feel.

 

JMHO

 

Glenn

[trudyscrumptious76]

Sorry wrong information. Should have put this in another section. The 40 days lapsed on the 20th of December. I was home over Xmas and didn't have access to a computer so hence partly my fault.

[e28bigalbexley]

Hi Sadi sorry to go over this again.

1 Have you got all your statements

2 If you have, did you add up the charges and send a prelim letter.

3 If they refunded you an amount ask them what it was (they cant credit and debit money on your account without your notification, thats why we have statements. (even more so if they have refunded money taken by them previously).

4 If you know how much was refunded knock it off your penalties total, and if you have (as above) already sent your prelimm, send an LBA.

Dont give in to them, just take some time and try to explain exactly what has or has not happened:)

 

Hope your feeling better;)

 

AL:)

[trudyscrumptious76]

Hi AL,

 

Sorry I have posted a reply in totally the wrong place. Ok we'll ignore all that and start again! (Now you've had a glimpse of how my mind is at the mo!!)

 

Right Barclaycard - I am still at the Microfiche blah blah, don't hear from you in 8 weeks will close file blah blah. That 8 weeks runs out the end of this month. I was going to rewrite to them with a quote or 2 about the new ruling and give them 14 days to send me my statements which I think is more than generous. I have most of the statements I need, I'm just missing 4 or 5.

 

Is it worth hanging on for the statements or should I just work with what I have?

 

Thanks for putting up with my confusion. Drinks are on me when this is all over!!!

 

Sadi

[e28bigalbexley]

Hi Sadi

 

No problem thats what they do to your head.

Right, Barclays are probably overwhelmed with requests to forfill their duties in suppling Statements because of their previous stance on Microfiche.

Not that thats your problem but you would be best give then another 3 weeks to get your statements out write and tell them as much. Of course you could also make a complaint to the Information Commissioners regarding their conduct. Your choice (i would).

 

AL:)

[Glenn UK]

I'm not sure of the reason for giving them any more time to comply, they have 40 days, irrespective of their problems thats how long the law gives them.

 

You have in fact given them another month within which to comply and they still haven't.

 

Personally i cannot see any reason to delay further, either submit your claim and include a statement that they haven't complied with the Data Protection Act and you want the court to order them to comply. Don't use MCOL if you do this, and/or send them an LBA for non-compliance with sec 7 DPA.

 

There is no legal or moral reason to give them any more time than the law sets out, you have been reasonable they have failed to comply.

 

JMHO

 

Glenn

[trudyscrumptious76]

Thanks guys although I would like to be nice to them as Glenn says why should I now I've become "Outraged-from-Bolton" it's time for me to apply the pressure they've applied to me over the years!!!

 

How do I get the court to order them to comply?

 

Big AL can I be cheeky and ask you to look at my post in the Capital One thread, just when I thought I'd lost all hope I found out they are refunding money that I've already paid!!!!

 

 

Cheers.

[trudyscrumptious76]

Thanks guys although I would like to be nice to them as Glenn says why should I now I've become "Outraged-from-Bolton" it's time for me to apply the pressure they've applied to me over the years!!!

 

How do I get the court to order them to comply?

 

Big AL can I be cheeky and ask you to look at my post in the Capital One thread, just when I thought I'd lost all hope I found out they are refunding money that I've already paid!!!!

 

 

Cheers.

[Glenn UK]

Trudy

 

 

I suggest the first thing is to send them an LBA giving them 7 days to comply.

 

Then have a look at Glenn Vs Co-op where i posted my particulars of claim for non-compliance with the DPA, also check out a threads by TANZARELLI because he is doing the same.

 

I have a hearing on Friday because the co-op are refusing to fully comply and satisfy my POC so ill let you know how that goes, any info i get i will feedback into the forum.

 

Don't use the POC from Glenn vs co-op as they are because they need a bit of a tweak based on things that have happened since they were written and they can be improved upon.

 

HTH

 

Glenn

[trudyscrumptious76]

Thanks Glenn I will. I'll read the threads too.Hope the hearing goes well on Friday!!! Look forward to reading about the outcome.

[trudyscrumptious76]

Hi guys, I have written a letter but am having a crisis of confidence about wording etc. Could you have a quick scan??

 

Glenn UK - I read your post v Co-Op to see how your hearing went. Well done! (I think) It sounded like it went well I got a bit lost on the legal bits.

 

Al thanks for looking at my Barclaycard stuff.

 

I feel like I'm back at school handing in coursework!!!

 

Thanks

 

"Dear Mr Nuttall

 

Thank you for your reply to my S.A.R - (Subject Access Request) dated 27 November 2006.

 

I am concerned that you say it is not possible to provide details that you hold on microfiche and I would like to point out the following information relating to an investigation by the Information Commissioner.

 

I am aware this relates to Barclaycard, however, logic states that you should also act on the Information Commissioners findings, that “Following our visit, we concluded that the microfiche system used by Barclaycard is a relevant filing system for the purposes of the Act. This means that in our view the information is personal data and should have been supplied as part of your S.A.R - (Subject Access Request) within 40 days and for a maximum fee of £10. As a result, it is our view that it is likely Barclaycard has contravened the sixth data protection principle, as this requires data controllers to process personal data in accordance with data subjects' rights.”

Below are highlights from the report.

 

Case Reference RFA0129130.

 

“It may first be helpful to clarify that although the information contained within your bank statements, such as details of transactions, is considered to be personal data under the Act so must be supplied in response to a S.A.R - (Subject Access Request), the Act simply states that personal data must be supplied in an 'intelligible form'. This means that the information you have requested must be provided if it is held as personal data, but not necessarily in its original format i.e. as a bank statement.

 

As you may be aware, the Act only applies to 'personal data' i.e. information which is processed electronically and which relates to a living, identifiable individual. Information which is held in some manual (non-computerised) records can also be personal data for the purposes of the Act if it is stored in what is known as a 'relevant filing system'.

 

The Information Commissioner's Office (Information Commissioners Office) produced guidance to help data controllers such as Barclaycard decide whether or not manual records were stored in a relevant filing system; however this was amended following a Court of Appeal ruling a number of years ago (Durant v FSA 2003). In light of the outcome of this case, the Information Commissioners Office revised its guidance and narrowed its interpretation of what constitutes a relevant filing system. This guidance suggests that unless the filing system is highly structured, it will fall outside the scope of the Act and led us to conclude that in our view most manual records fall outside the definition of personal data.

 

We recognise that the definition of a relevant filing system is open to interpretation and that not all parties will agree. During recent months we have once again been reviewing our interpretation of what constitutes a relevant filing system and intend to publish new guidance in the near future, although this is not as a direct result of the recent issues surrounding bank charges. The new guidance is likely to represent a significant shift in emphasis from our existing guidance and our view will be that many more manual records are likely to fall within the scope of the Act.

 

Following your complaint and others like it we contacted Barclaycard for a detailed explanation of its microfiche system, including how the information in it is stored and retrieved. It was not clear from the response whether or not the system was a relevant filing system; therefore Barclaycard invited me and a number of my colleagues to inspect it and see the system in operation.

 

Following our visit, we concluded that the microfiche system used by Barclaycard is a relevant filing system for the purposes of the Act. This means that in our view the information is personal data and should have been supplied as part of your S.A.R - (Subject Access Request) within 40 days and for a maximum fee of £10. As a result, it is our view that it is likely Barclaycard has contravened the sixth data protection principle, as this requires data controllers to process personal data in accordance with data subjects' rights.

 

We have informed Barclaycard of the outcome of our investigation and I will now write to it under separate cover with details of your complaint. If it has not done so already, I will instruct Barclaycard to provide you with the personal data you requested as part of your S.A.R - (Subject Access Request).

In addition, section 13 of the Act gives individuals the right to claim compensation if they have suffered damage as a result of a contravention of the Act.

 

I require that you send me the information requested in my Subject Access Request. I have enclosed a copy of the original letter dated 15/11/06. I require my information sending to me within 7 days of receipt of this letter. I am being more than generous as your 40 days expired at the end of December. Should you fail to do this I will have no choice but to will report your non-compliance to the Data Commissioner's Office and I will consider an action against you in the Small Claims Court for non-compliance.

I have received no indication of what happened to my original cheque therefore I have included a cheque for £10.Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch."

 

 

[Glenn UK]

The letter looks fine to me,

 

HTH

 

Glenn

[trudyscrumptious76]

Great I'll post it tomorrow!!