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Hackers75 v Barclaycard


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Further to realising that Barclays owe me £2k, I sent Data protection letters to Lloyds x2, Mint, Marbles, Tesco and Barclaycard along with £10 cheques for each.

Lloyds debited £10 from my account for copy statements and haven't sent my cheque back...pah!

Mint and Tescos have sent me letters acknowledging receipt of the cheque (and have paid it in) and say they will post me the statements within the 40 day timescale.

Marbles haven't done anything yet.

Barclaycard sent me statements back as far as May 2004 and want to charge me £3 per statement going back before this date as they claim they are stored on Microfiche and as such are not "readily accessible" within the meaning of the Data Protection Act.

Can I use the ICO verdict on the Abbey's claim about Microfiche and sent a letter to Barclaycard demanding the statements? :rolleyes:

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Barclaycard sent me statements back as far as May 2004 and want to charge me £3 per statement going back before this date as they claim they are stored on Microfiche and as such are not "readily accessible" within the meaning of the Data Protection Act.

Can I use the Information Commissioners Office verdict on the Abbey's claim about Microfiche and sent a letter to Barclaycard demanding the statements? :rolleyes:

 

There's no harm in doing so. I'm also waiting on the "microfiche" statements from BC and I've written to them pointing out the Abbey situation. However so far I've not even received an acknowledgement of my letter.

 

It's worth pointing out that the ICO decided that the way that Abbey utilise their microfiche makes it a "relevant filing system"; the ICO have not given a blanket verdict on all microfiche filing systems and BC may well argue that they utilise the microfiche differently to Abbey.

 

Pete

  • Confused 1

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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  • 2 weeks later...

I sent Barclaycard a letter stating...

 

With reference to your letter of the 26th October in which you advised me that microfiched archives are not covered by the Data Protection Act and therefore not subject to the 40 day ruling.

I am sure you are aware that the Information Commissioner recently found against Abbey on microfiche disclosure and that these archives are indeed subject to the 40 day ruling. I would therefore, be grateful if you could expedite delivery of the requested data to me at the above address.

I will keep you posted!!!

 

 

 

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I sent Barclaycard a letter stating...

 

With reference to your letter of the 26th October in which you advised me that microfiched archives are not covered by the Data Protection Act and therefore not subject to the 40 day ruling.

I am sure you are aware that the Information Commissioner recently found against Abbey on microfiche disclosure and that these archives are indeed subject to the 40 day ruling. I would therefore, be grateful if you could expedite delivery of the requested data to me at the above address.

I will keep you posted!!!

 

 

 

 

Looks good to me.

 

Don't hold your breath for a reply though, I'm still waiting! :mad:

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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  • 3 months later...

Fianlly got all my statements and sent them a letter requesting £355. They replied and credited my card with £155 saying that was the difference between £12 and £25. Please can someone advise me on how I claim the rest?

 

I am thinking of sending an LBA saying thanks for the partial repayment but I would like the remaining amount of £200 in 7 days or I will take court action.

 

Please can someone advice me? Thanks in advance

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  • 2 weeks later...
Fianlly got all my statements and sent them a letter requesting £355. They replied and credited my card with £155 saying that was the difference between £12 and £25. Please can someone advise me on how I claim the rest?

 

I am thinking of sending an LBA saying thanks for the partial repayment but I would like the remaining amount of £200 in 7 days or I will take court action.

 

Please can someone advice me? Thanks in advance

 

Ok use this link to get to the rejection of settlements offer letters. Set them a deadline then file court action.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Posts moved to Barclaycard threads

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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