Barclaycard - say SAR data is deleted from computer, any advice?

[ozmrr]

Hi,

 

I am assisting my fiancee in claiming back her fees from Barclaycard. Sent the SAR some time ago and then have received the following letter from them. Has anyone else had this and if so what is the next course of action if you dont have your old statements?

How long must they keep data on file if an account has been closed?

 

Dear Ms XXXXX

BARCLAYCARD CUSTOMER SERVICES

ACCOUNT NUMBER XXXXXXXXXXXX

DATA PROTECTION ACT 1998 - Subject Access Request

Further to your request for personal data held by Barclaycard.

Unfortunately we are unable to provide you with the information you have requested as it has been deleted from our main computer systems and is therefore not available.

If the purposes of your request for statements was to calculate and reclaim the fees you may have paid in excess of the Office of Fair Trading limit, please write to Barclaycard Customer relations at the following address and enclose a copy of this letter.

Barclaycard Customer Relations

PO Box 599

Manchester

M60 3NF

Your sincerely

Pam Brown

[noomill060]

I have seen this SAR template being advised to be used in case where banks claim to have deleted your data. It is a request for everything they have on you and may dredge up something to your benefit.

 

Note it asks for all info relating to the destruction of your data, who authorised and when.

 

Others may be able to refine it. I have seen reports where Barclaycard have been able to produce credit agreemnets from as far back as 1979, so it is clear that data is not always lost...

 

 

Data Protection Act 1998

Subject Access Request

 

Dear Sir/Madam

 

 

 

 

 

 

I would be grateful if you would provide me with the following:

 

 

 

 

Full copies of all contracts which you believe exist between myself and your organisation, including copies of any documents you hold in support of same.

Details of the identity of any individuals or organisations who have provided you with my personal information together with copies of any letters of instruction provided by them, or any contracts entered into between yourselves and the third party, and the relevant dates to which those contracts relate.

Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails, microfiche or computer records containing my personal information, or any records which pertain to this information.

Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.

Full copies or transcripts of any computer logs, microfiche or database records kept in relation to myself or in relation to my financial or personal information.

Full copies of any correspondence in postal, email or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial information, or which pertains to myself.

Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party.

Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

Full hard copy print outs of any of my personal or financial information held in a digital, magnetic, microfiche or any other format which is held in any archives, backups or other storage devices / locations. And Audio files

Your registration number with the Information Commissioners Office.

Your Consumer Credit Licence number.

Your VAT registration number

Where reference to emails is given above, these emails should be taken from your email servers or backups / archives held in a magnetic or digital format. These emails may not be present on a user’s local system, and may require the assistance of your IT department / IT providers, who you should contact immediately for their provision.

 

Please confirm whether you hold a physical file with details of my personal and / or financial information. If so, please provide details and dates of any instance when this file has left your control, to whom it has been communicated, the method of transportation / communication e.g. Royal Mail, courier, by hand, electronically. Please provide a full copy of this file Where my physical file has left your offices, please provide details of any precautions taken to ensure that my information has not been lost, stolen, misplaced or made available to anybody who does not have authorised access, including those who would use my information for the purposes of identity theft, or registered with any credit agencies. Please also confirm whether any of the documents held within the physical file are computer generated.

 

Under S.40 of The Administration of Justice Act 1970, if you believe you have provided my information to any organisation, agent, or individual who could, or may have used it for unlawful purposes, you should contact me immediately, and provide full details of their identification and address, together with full details of any instructions you have provided to them. If you have forwarded or communicated my personal or financial information to any person, company, or organisation, please provide a copy of the authority, signed and dated by myself upon which you have relied prior to doing so. As requested above, you should provide copies on any such communications.

 

Under the Data Protection Act 1984 / 1998, as a Data Controller, you are responsible for the complete retraction of all information provided to any third party, should I request you to do so, and have a duty to myself to ensure that any personal or financial information I have provided to you is kept securely, and is only communicated to those to whom I have given my express permission / authority.

 

If you are unable to deal with this request, you should immediately forward it to the person within your organisation responsible for Data Protection. If you do not provide the information requested within the given time limits (final date xxxxx) under current Law, I shall have no choice but to forward all information to the information commissioners office.

 

I will be filing in the County Court on the morning of xx xxxx xxxxx for Non Compliance and damages if I do not receive the documentation requested by 5pm xx xxxx xxxx.

[ozmrr]

Thanks for that - will formulate a letter and send it to see if it gets any of the required data... Is this used as a delaying or fobbing off tactic does anyone know?