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Lastlaugh V Barclays


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Hi can anyone advise me? Both Barclays and the Woolwich have failed to send me the information I requested through the Data Protection Act. The time period expires today. Both sent my cheque back with the standard ........we are so sorry to hear you are unhappy blah blah blah. What do I do now? Please help!:?

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Hi Lastlaugh

I have just posted a very similar post as my 40 days are up on thursday and I have not heard a peep. I have just asked for advice but I know that you have to stick to your timetable so today you have to write to the information commissioner and say that Barclays failed to provide the information you requested within the 40 days, I have been wondering why some people have had theirs and others not.

My question was though what do we gain by contacting the Info commissioner?

I am sure the address is on this site probably even a template letter.

Good Luck

Beamie:)

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Hi Beamie,

Thank you I will write the letter to the information commisioner today. It doesn't help us to proceed with our claims though? Please let me know if you get any other advice on what to do. Thanks for your advice:)

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You can sue the bank for non-compliance under section 7 and section 15(2) of the Data Protection Act. Look here for details.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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just found this...thought you'd find it helpful...Got it off the ICO website...

 

To complain to us (ICO) you should fill in our 'Data Protection Act complaint form’. This should help you give us all the information we need. You can download the form from our website (ICO – Information Commissioner's Office) or you can ask for a copy from our Helpline on 01625 545 745.

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Go ahead with your complaint, but write to the bank and tell them exactly what they've failed to do, and what you're doing about it. You might just get a bundle in the post....

 

Best of luck,

 

D.

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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Hi lastlaugh

Mumofthree has just given me a link on my thread don't ask me how to get there from here!! it's all magic to me I will have a go for you though if not it's on my thread and it's a link to some templates you need number 3.

Good luck

Beamie:)

No sorry have had a go and I am pap at this computer lark! Click on my name it will take you to my thread I know that works:-D

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iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Thank you for the link. I notice on the advice section it tells you to telephone them especially if you have not received a response which I havent! I did send it recorded delivery will I have to start again if they say they have not received it?

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But you have received a response, you detail this in your first post on this thread.

 

Now you sue them.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Hi Yes the woolwich sent the standard letter and Barclays PPI insurance Dublin but my SAR request for my personal account has not received a response nor has the £10.00 been returned. Sorry my mistake I am getting confused because I have so many going on at once :(

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If you sent your SAR letter by recorded delivery, go to www.royalmail.com to see if/when it was delivered. (You need your copy of the postage slip.)

IF IT WAS DELIVERED over 40 days ago, then it's time to report them to the Information Commisioners, and sue them for non-compliance.

IF IT DIDN'T ARRIVE then I don't see any alternative to starting again. Barclays can claim, fairly, that they know nothing about your request!

 

Hope this helps clarify things; I'm getting a bit confused meself!

 

D.:confused:

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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Ok, no problem.

 

According to CPR 6.7 (1) a document is deemed served on the second day after it was posted via first class post. Proof of posting is sufficient for a court to determine it has been received.

 

Therefore, you may continue and sue them for non-compliance, safe in the knowledge that your letter has been recieved and in the event that is has not, a court will deem that it has been.

 

Issue your claim for non-compliance with the DPA without delay.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Thank you OneofaKind and hagenuk, I have checked the royal mail site and yes it was delivered and signed for, so perhaps now I need to chase them or send a non compliance letter?

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If you need a penfriend then by all means write to them again, but I really am at a loss as to why you keep asking what to do when I have told you three times that you should sue them for non-compliance.

 

They have a statutory obligation to send you this data upon receipt of a formal request and payment of the fee. You have complied, they have not.

 

Sue them.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Hi Hagenuk,

I will send the non compliance letter today. I am nervous of Barclays as we made a complaint 4 years ago and the end result was they put us out of business and took us to court for our home (secured business borrowings) We are just looking to pay them off which will allow our counterclaim to continue through the courts. Over the past two years we have spent thousands on Solicitors and for us we feel that Barclays are able to use oppression in its severest form. So forgive me for being a little nervous they are capable of powerful things!

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Barclays have been trying to contact me today via telephone at work and at home , I was out. My account is closed with them could it be that they realise they have missed the SAR deadline which fell today? Has anybody else received a call from Barclays Data Protection centre?

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  • 2 weeks later...

SAR

Well I phoned Barclays Data protection to be told it would be here by Monday and it is not. I was told they are handling 800 claims aday and they are struggling. I think I have no choice but to go for non compliance now:eek:

Can anyone tell me whether the 40days is working days?

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The 40 days referred to in the DPA is 40 consecutive days not 40 working days. As a rule of thumb if any length of time in law is more than 14 days then you can take that to mean consecutive days.

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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They have been known to cite that this is important, however, unless you both had to sign the cheques then it really does not matter which one of you signs the letter.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Hello here is my update, I sent a letter for non compliance which expired today and so I telephoned them and said I would now be proceeding with action due to non compliance. I was told that they would look into why the request has not been actioned and I may have to go into a local branch to request my statements. They said they will write to me and explain where the problem lies.

I told them it was not good enough and I will be taking action. Can I file a claim on line or do I go down to my local court.

To be honest the gentleman I spoke to really did not care at all.

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In order to file a Court claim you need to use a paper N1 Claim form, you cannot use MCOL to claim for non-compliance.

 

Look here for details.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

  • Haha 1

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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