Camdenite V. Barclaycard "WON"

[Camdenite]

sorry to bump again folks. Any ideas?

[Camdenite]

bumping again. Any ideas how I can force them to comply? Filing an N1 seems to be the only option but it does seem excessive. There must be a way. surely?

[Paintball]

As suggested in #23, you could write LBA to their Data Protection Officer telling them they have 14 days in which to provide the statements or you will proceed to the courts to force them to comply with your rights.

 

See this thread in the Barclaycard forum for info: Barclaycard - non compliance of S.A.R - (Subject Access Request)

[Camdenite]

Thanks PB. I'll give it a go.

[Camdenite]

Just had the following from Barclaycard this morning. Any comments?

 

ACCOUNT NUMBER xxxx xxxx xxxx xxxx

 

Further to your recent request for personal information held by Barclaycard, please find enclosed a copy of the card statements you have requested.

 

Statements held prior to May 2004 are stored on microfilm which is a means of staorage that does not fall within the definition of "relevant filing system" under the Data Protection Act 1988 ("the Act") nor within the bounds of what we are obliged to provide in response to your data subject access request as set out on the Information Commisioner's Office website at Information Commissioner's Office - ICO

 

The Information Commissioner has indicated his intention to ammend this guidance. It is therefore as a gesture of goodwill to you, our customer, and in the light of this proposed change that we enclose copies of our pre May 2004 statements as you requested although we take a different view to the Information Commissioner's Office on whether these fall within the definition of "relevant filing systeem" as set out in the "Act".

 

This Information we have enclosed relating to this account is all that we hold.

 

Yours sincerely

 

 

Tiffany Thornton

Barclaycard Customer Service

 

 

They have only provided three months prior to May 2004 for which there is only one £20 charge. The Account was opened in early 2002 and I believe there is probably about £150 worth of charges due.

 

Is this complete BS regarding the "relevant filing system"?

 

I could do with some support on this one as this lot have driven me to distraction over the last six months and I want to nail the b******s now.

[slick132]

Hi Camdenite,

 

Have you read this from the BC stickies - http://www.consumeractiongroup.co.uk/forum/barclaycard/50148-barclaycard-microfiche-they-wrong.html

 

Slick

[slick132]

Para 9 says

 

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.

Slick

[Camdenite]

Slick. That is brilliant. Cheers. Much appreciated. Letter being drafted now.

[Camdenite]

Well, no news from Barclaycard until this morning. Due to work I'd been too busy to file the N1 for non-compliance of the S.A.R - (Subject Access Request). However this morning I received a letter offering me £250 as a final offer (I haven't even made a claim or even discussed an amount with them) and maintaining that they will not be able to locate any records relating to my account prior to May 2004.

 

I guess I can safely say we're probably talking about £1,000 worth of charges or so (far more than I believed) on the basis that they are only offering to pay back anything over £12. It's interesting to note that they have been able to reach a figure of £250 when the statements supplied to me total £20 of charges!!!

 

There was no mention of my previous letter and the points made concerning microfische & the previous investigation by the ICO as mentioned above.

 

How next to pursue them? I'm not in a mad hurry for the money, but am getting really frustrated by the time & effort I've gone to with this mob.

[Camdenite]

Well, no news from Barclaycard until this morning. Due to work I'd been too busy to file the N1 for non-compliance of the S.A.R - (Subject Access Request). However this morning I received a letter offering me £250 as a final offer (I haven't even made a claim or even discussed an amount with them) and maintaining that they will not be able to locate any records relating to my account prior to May 2004.

 

I guess I can safely say we're probably talking about £1,000 worth of charges or so (far more than I believed) on the basis that they are only offering to pay back anything over £12. It's interesting to note that they have been able to reach a figure of £250 when the statements supplied to me total £20 of charges!!!

 

There was no mention of my previous letter and the points made concerning microfische & the previous investigation by the Information Commissioners Office as mentioned above.

 

How next to pursue them? I'm not in a mad hurry for the money, but am getting really frustrated by the time & effort I've gone to with this mob.

 

Sorry to bump folks. Any ideas?

[slick132]

Hi Camden,

 

They're not going to make this easy for you - just the opposite.

 

If you think the chges actually suffered by you are so much higher than their offer, you'll have to force them to supply the info you require.

 

Write to them rejecting the offer and proceed by filing N1 for their failure to supply.

[Camdenite]

Thanks Slick. I kind of knew that was the case;) . N1 it is then. I'm a bit more motivated to file the N1 now that I know we're talking about a sizable amount.

[slick132]

It kinda helps, dosen't it.

[Camdenite]

well, you could of knocked me down with a feather. Finally, a full set of statements arrived in the post this morning!!! The N1 obviously helped focus their minds on this a little more eh?

 

Does anyone know if I am entitled to put the court fee's for both N1's on my claim? Assuming I have to file a claim for return of charges, do then I just add the Court fee's for the original claim for non-compliance to it on the new N1, or do I add it to the Schedule?

 

Back on the old spreadsheet this afternoon.

[slick132]

Hi Camden,

 

Result !!

 

Re N1 fees, I'd include the fee paid for the 1st N1 in your claim letters.

 

So, when you've done your spready, send Prelim letter claiming N1 fee and chgs (plus int't, only if claiming CI).

[Camdenite]

Cheers Slick. You mean include the original Court Fee on my SOC, right?

[slick132]

Yep,

 

Put on SOC with narrative and claim int't on it too (IMHO).

 

It was an expense which you incurred as a direct result of Barclays failure to provide you with info they were required to supply.

[slick132]

Camden,

 

Please DO NOT YET act on my above advice re claiming 1st N1 court fee.

 

When you filed at court for SAR non-compliance, did you claim compensation and how much. Have you heard any more about this Court case.

[Camdenite]

Hi Slick, no just an Acknowledgment of Service. I was planning to inform the Court that they had now complied and no further action is to be taken.

 

I didn't claim any compensation on the non compliance of SAR. I didn't realise you could?

[slick132]

OK,

 

I've sought advice on this and it is suggested that the first claim be allowed to continue. You should state on the AQ that the defendant has now complied and that the claim is now for "costs only".

 

So my opinion in post #42 should be ignored.

[slick132]

More advice.

 

If you come to negotiate with BC re chgs refund before the 1st court case is resolved, you can ask BC to refund the 1st court fee by agreement.

 

If they agree to this, you can inform court that the 1st N1 issues are now fully resolved so the case could then be dropped.

[Camdenite]

Thank Slick. That makes sense. Keep you posted. Probably the New Year before I file at Court. Sending Letter 1 tomorrow. Charges + CI come to nearly £1,200, so I was right rejecting their offer of £250.

[Camdenite]

LBA went off on Monday. God I seem like I've been through all this so many times now. I have files at least an inch thick on all of my claims and I'm running out of space!

[slick132]

Hi Camden,

 

You'll find space for it all - keep it up !

[Camdenite]

Cheers Slick. Have a great Christmas. I'm going to be off-line at the folks for a few days so catch up in the New Year.