Phillips v Barclaycard

[Chrisp7]

I have just been charged a fee for being over my credit limit, after interest. Is this the norm? Because if it is, it seems designed to confuse and force a charge on people. I called them up and they refused to credit me the over limit fee.

 

And all because they wouldnt do this I have decided to take back all my charges from the past 6 years.

[Chrisp7]

Having read up on other peoples experiences where Barclaycard have responded mentioning that records are stored on a Microfiche, I have amalgamated the counter microfiche and data request letters.

 

15/01/07

 

 

Data Protection Act 1998 Subject Access Request

 

Dear Sir/Madam

 

Account Number: xxxxx

 

Please supply me with a complete list of transactions and charges relating to my banking history with you. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

In prior cases like this I understand that you have previously stated that data held on your microfiche system is not “readily accessible” and therefore not retained in a relevant filing system and as a result “does not fall within the class of documents to be produced pursuant to a subject access request”.I have recently since learnt that the Information Commissioners Office has ruled your microfiche system as a relevant filing system. I therefore expect you to satisfy my request in full.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

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. Please find the required £10 fee for postal information with this letter. I look forward to your response.

 

 

Yours faithfully,

 

xxx

[TANZARELLI]

I have sent Bcard quite a few letters, have a read of my thread there may be something you might need to use in your fight. Heres the link: http://www.consumeractiongroup.co.uk/forum/barclaycard/50532-tanzarelli-barclaycard.html

 

Also good luck with it.

 

Tanz

[Chrisp7]

I received a letter from barclaycard on the 6th Feb confirming that they have received my subject access request and that they will be sent to me within the 40 day legal time scale. However I sent the access request on the 20th Jan, so the 40 days limit has passed. How should I act? After reading these forums I they tell me to act to my timescale however what is the next step? I am tempted to wait 40 days from the 6th Feb (receipt of their letter) which is another 2 weeks. is this is what you would do?

 

Thanks guys:)

 

Chris

[Chrisp7]

Anyone?

 

In addition on the 12th Feb they sent me a letter that effective immediately my credit limit is reduced by £250! Is this legal??

[damiencannell]

Hi there

 

The 40 days starts 2 days after the date of sending. I am currently in the same boat. What you need to do is send them a reminder letter giving them seven days to send you your documents. If you look at the 'Template Library' there is one on their you can use/alter to your needs.

 

With ref to them reducing your limit its prob in the small print that they can do it but it smacks of retaliatory action to me. Im not sure if its illegal, perhaps someone else can clarify???

 

If it were me i would send a seperate letter to customer services complaining and asking for full reasoning behind the reduction in your credit limit.

 

Good luck:)

[Guest Mumofthreeboys]

I received a letter from barclaycard on the 6th Feb confirming that they have received my subject access request and that they will be sent to me within the 40 day legal time scale. However I sent the access request on the 20th Jan, so the 40 days limit has passed. How should I act? After reading these forums I they tell me to act to my timescale however what is the next step? I am tempted to wait 40 days from the 6th Feb (receipt of their letter) which is another 2 weeks. is this is what you would do?

 

Thanks guys:)

 

Chris

 

Have a look at the letters in this link. They haven't complied with your SAR letter. I would be sending them letter 2. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

[Chrisp7]

Thanks:) I took your advice and threatened to take them to court. They initially sent the first standard letter asking for a cheque etc which I thought oh know I am back to square one! bu then a few days later I received all statements including the microfiched ones. Theres a fair few late charges there, I will let you know how much. And send off the LBA soon.

[Chrisp7]

LBA sent off today - £497, rather a nice chunk.

[TANZARELLI]

Nice one