bigp v Barclays

[bigp]

I sent my first letter on 21/03/07 requesting comprehensive list of all charges or statements for last 6 year etc giving them 40 days to reply.

This went unanswered so I sent a 7 day notice of my intention to apply to the courts for enforcement, this expires on 15/05/07. All documents registered.

 

Assuming they dont reply by wednesday morning am I right in going straight for the courts even if I recieve the information whilst waiting for the court papers etc to process ? also should I be taking them to court twice ore once ? 1. for the info 2. for the calculated charges ?

[saintly_1]

try phoning 0800 282 390 and speak to an advisor

[bigp]

Thanks, I assume thats Barclays

[saintly_1]

Yes its Barclays

[bigp]

I've just spoken to Barclays customer service's ! who am I !!!!!!! what letters !!! what accounts !!! WHAT A LOAD OF BULL*HIT !!!! They told me I should have phoned them earlier ( with attitude) !! what planet they on ?

 

I stayed calm and explained all correspondence is recorded delivery and I write because I am partially deaf and struggle to hear on the phone, I asked if Barclays have a problem with this fact, they obviously do because the crap kept flowing !!

 

Upshot is they only just recieved my request on 5th May (21/03/07 recorded delivery sent) and it will be 3-4 weeks before I get anything.

 

Do I proceed directly to Court now ?? are they in breach of Data Protection Act for not supplying me with the list of charges/statements I asked for ?

[lthomp192]

If they are over the 40 days limit send them a reminder( this will go in your favour when you take them to court later on), then report them after the 7 days is up.

[bigp]

I've already sent them a reminder detailing to them that the 40 days were up, this was sent on 08/05/07 (was actually stamped recorded delivery on 05/05/07 but I gave them grace with Bank Holiday weekend)

 

Its been 52 days now with no response except for me contacting them to remind them thier time is up and then having the 3-4 week wait scenario offered.

 

Is it time for enforcement by the courts to get the data or is it easier and quicker to wait 3-4 weeks for the info to be recieved.

[Barclayed]

Government will try its level best to protect the banks. Before some dubious legislation is passed putting a cap on claims, or finding a way for them to wriggle out, go the whole hog ASAP. I don't think we have much time to lose. Go to step 2, get courts to make them release your personal data in their possession. There is no time to wait. I am sure banking lobby is busy behind the scenes EDITED to get their desired legislation passed. Don't fall for any delaying tactics. I think they will find a loophole very soon. This is your money EDITED from you by people you put your trust in. Show no mercy.

[bigp]

I'm ready for giving them a kicking but still unsure on the court side !

I dont have the information to arrive at a figure to reclaim so do I take them to court once or twice ?

1. to get the data to allow me to calculate the unlawful charges

2. Once calculated return to court with an amount to be claimed

3. Take them to court for breach of Data Protection act and estimate what they owe me ( i dont have a ball park figure)

[Barclayed]

Do take them first for refusing your right to access your personal details on their system. This should teach them a lesson. If soemeone is arrested for denying you your right, all the better for that. This would teach them a lesson. They are just wasting your time and waiting for a loophole to appear. Once they find a way out, you'll never be able to catch them again and they will come back cleaner than clean (remember endowment scandal?) to rob our future generations. EDITED, the lot of them.

[bigp]

Ok I think I'll take the plunge !

 

Has anyone else taken Barclays to court for non compliance of the data protection act ? only reason I ask is that I haven't seen a thread regarding this to give me a guidline on what to file with the courts. I don't want to get it wrong and give Barclays a get out.

[hagenuk]

All the details you need in order to do this are right here.

 

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

 

You should file your claim without delay - 40 days is ample time for them to have sent you the data your requested, do not give them another moment, issue your claim.

 

Come back and ask anything you are unsure of.

[bigp]

Thanks Guys

[bigp]

On the N1 form it asks for value of claim, I'm not sure what to put as I'm filing a claim for non compliance of Data Protection Act. Once I have this I will be in a position to calculate the charges to reclaim.

 

Can I charge for the letter writing, phone call and time off work for court s etc ?

[hagenuk]

The value of your claim should be approximately £35 - as you have pointed out, this is a claim for non-compliance with the Data Protection Act, not a claim for money per se.

[bigp]

I'm asking for data on a current account and a business account, can I use the N1 to claim for both ? they were opened and closed at different dates so does that mean I file 2 claims ?

[hagenuk]

The Data Protection Act only applies to living individuals, not companies - so you cannot use it to access any data for a business account.

 

You will also need to make two separate claims, as each account is a separate account contract and will have a different set of terms and conditions that pertain to the type of account.

[bigp]

I know I'm being picky and probably thick but I was in a partnership and it wasn't a limited company, we were just self employed. Does that make any difference ?

[hagenuk]

What type of account did the partnership operate? Was it in fact a personal account used for your business or was it a business account?

[bigp]

It was a business account.

 

If I do have to file 2 cases is it ok to have asked for both accounts charges/statements from Barclays in my S.A.R letter or do I have to write again for each account ( business & personal )

[hagenuk]

If you have already done it then one of two things will happen (maybe three - you'll get ignored altogether!) either, Barclays will send the statements or they will not. If they do not then there is nothing you can do regarding the business account in relation to the DPA as it only applies to living individuals.

 

If they do not send them for your personal account, see post #12 above.

 

The business account is a different matter, you will need to speak to your business manager about copy statements and there may be a charge for them.

 

The fact that you mentioned both accounts in your DPA SAR letter will not make any difference.

[bigp]

Thanks for clearing that one up:)

 

I've managed to get hold of business account statements, accountant eventually said he had found them. I'll get the charges added up and take it from there.

 

Just one other question, on the business account exactly what charges can I claim for ? is it the same as current account plus the charges for running the account ?

 

Sorry to keep asking dumb questions but I want to get it right