thanks for that. i await with baited breath and will keep everyone updated. I started of quite amenable to Natwest in this whole thing, but they have really wound me up in their approach and made me more determined to get all the money and interest back, at one point i would have accepted a settlement (if it had been offered) but not longer.

Bl***Y Natwest cynical people have entered defence on the last possible day, my case is now being transferred to Lambeth County Court and i have phoned MCOL to be told i will get the defence probably tomorrow along with the AQ form . Will read other posts on what to do but am slightly worried now about what the defence will be . Will update further when i receive the documents . Jimmyay

hi guys just a quick note in response to the above then i'll get out of your thread and do my own. sorry as i'm quite new here. 1) yes I did send original correctly worded DPA letter early December recorded delivery, with fee. 2) sent reminder letter early Jan saying you will shortly be out of time, where's the info? 2) they sent me a very snotty letter in response, in early Jan stating what i could and couldnt' claim under the DPA and said they hadnt received my letter until late December so clock started ticking from then - i accepted this. 3) I sent another reminder near the "new" 40 day limit near end Jan. 4) then got letter back saying bear with us but we cant tell you when we'll get the info to you and wont enter into any correspondence about the issue. 5) no joy contacting them on phone about this statement. 5) i then sent 7day letter before action threatening proceedings if they didnt respond, as they are now out of time. 6) at same time reported the breach to the info commissioner with full enclosures of my chasers 7) 7 days now expired and i feel fully justified in taking it to court. Particularly now the microfiche issue (which may have led to other people's long delays, when B'card didn't accept legitimacy of request) has been resolved, there should be no reason for long delays now. 8) point taken concerning fees and i would amend this before sending a claim off. though i am legally qualified and my time is precious!

its actually not the damages i'm after , rather the discolure of the info.

i have also just complained to the info commissioner about barclaycards stalling tactics , though they haven't as yet given me the £3 per time for my statements letter. Barclaycard are sailing REALLY close to the wind here. They've already had an information commisioner ruling against them on the microfiche issue, and are still trying to put up barriers to letting out the charges information, which belongs to us. it is disgusting. I am about to issue a claim in court to get then to honour my DPA request, i will draw their attention to the identitiy of the Barlclaycard data protection office holder, Peter Townsend, as he could be imprisoned over further breaches. the courts are not going to be happy. it seems there are a flood of DPA requests not being honoured and a queue of people waiting to go to court about this. Bring it on!

ok martin well seing as we're at the same stage with barclaycard i shall follow your case with interest.

they say best leave it a day or two after the 28 days ,to allow for post and to ensure cobbetts cant say judgement must be set aside. fingers crossed you can enter judgement in default - let everyone know how you get on.

i'm not altogether sure but as your claim is primarily focused on getting them to comply with the DPA, rather than a simple financial claim on money owed, it may be best to do the N1 route, with the damages as part of the claim. moneyclaim best for just monies.

Thanks for that. it seems there are a few of us ready to act on DPA non disclosure within the 40 day limit. I guess naming Peter Townsend as the data controller of Barclays Bank would focus the judge's mind, given that he has the power to jail for non compliance.

Barclays / Barclaycard are getting themselves into a real mess here. The information commissioner has recently found against barclays. This was concerning the disclosure of their microfiche files (containing details of charges and statements) which they used to try and claim weren't covered by the data protection act and so didnt have to disclose to the customer - "we don't have to tell you what we've charged you". Pretty blatant and disgusting witholding of information - which they have now been told they have to disclose, thankfully. However our case deals with just a more straightforward delay in getting a response - they have not replied within the 40 day timetable and whether they have issued a "holding" letter or not, they are bound by this statutory timetable and are in breach. A court should therefore rule in your favour. Barclays ( a company with a trillion pounds of assets) errrm, resourcing, i.e their failure to put men on the ground to help with these claims, is not our issue - it is abundantly clear they are just stalling for time , hoping a few more people get bored and decide its not worth claiming. Just as with the microfiche debacle . Their story is that they are snowed under (probbably from the backlog of microfiche file requests which they now have to dig out) and so cant comply with the rules. Sorry, barclaycard, this isn't good enough and i'll see you in court. ( and i want my info NOW!)

You need to fill in the 2 page N1 claim form. You can fill the details out on line, remember to read the guidance notes, which are pretty straightforward. You will also need to fill in the court which you wish the claim to be filed in - there is a list of courts on the justclaim website. You can then toddle off to your local court, with the papers (including any copy correspondence you want the court to see to help your case) and then pay the fee ,and the claim will be issued. N1 Form - Heading In terms of the brief details / particulars of claim section, this script (below) may help. adapt it to your own case. BRIEF DETAILS OF CLAIM SECTION Order under Section 7 and Section 15(2) of the Data Protection Act 1998 PARTICULARS OF CLAIM SECTION 1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject. 2. The Claimant has an account number xxxxxxxxxxxxxx("the Account") with the Defendant which was opened on or around xxxxxxxxxxxxxxxxxxxxx 3. On xx(day) xxxx(month) 2006 the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant. 4. The Defendant has failed to comply, despite having well over the statutory 40 days to respond. 5. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage. 6. The damage caused is: Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, the cost of this is estimated to be £ xxx to date. 7. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request 8. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request. 9. Damages and costs within the discretion of the Court. I believe that the contents of these particulars of claim are true Signed: Date:

I've got mine ready to send off tomorrow or Thursday seems like some of us are at the same stage. I am claiming for my time spent issuing letters and swotting up on how to make a claim and charging them £350 + court costs. And of course i want my statements. the costs are based on an hourly rate of £75, which is what a lawyer would charge (at least). I can't claim for any charges at the mo as they haven't given me any statements from which to work, and they refuse to discuss the matter with me - what a friendly bank!

any idea how long it takes to get an order or your money under one of these DPA claims?

sorry i have now found it! just used search facility on top of the page. this site is brilliant.

ok so nothing but silence from Barclaycard . seems like court will have to be option i take to get the info that's mine. where do i get the N1 form from ? going to send it off on Thursday .

best of luck mate. i am approaching this stage i think, awaiting the inevitable defence to plop through the door any day. this is tedious!

You may be better off sending a 7 day letter before action, which is what i am doing, and then copy in the information commisioner. it may yield more results. Text below : Adrian Whalley Barclaycard Head of Privacy and Data Protection Legal Counsel Data Protection Team Legal and Regulatory Compliance Dept LRC 1234 Pavillion Drive Northampton NN4 7SG LETTER BEFORE LEGAL ACTION Section 7 – Data Protection Act 1998 Dear Sir Account: xxxxxxxxxxxxxxxxxxxxxxx mr jimmayay You have failed to comply with my Data Protection Act Subject Access Request dated xxxxxxxxxxxxxxx I have received your letter dated xxxxxxxxxx stating you recognise the statutory time limit is about to expire and in fact it has now expired. You have given me no indication as to when you will be able to supply this information, and indeed you state you will not enter into any correspondence with me about this issue. This is totally unacceptable and contrary to the spirit and letter of the Act. If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice. In addition I am copying this letter to the Information Commisioner’s office. Yours faithfully Mr jimmyay cc Information Commisioner

Thanks. I am going to write to the Info Commisioner today and may cc my local MP to boot. Sick of this.

I received the following letter today following my 7 day letter threat to go to the info commissioner about the failure to respond within 40 days, a barclaycard hallmark. Iam getting nowhere, this is what it says... Dear Mr jimmyay Subject request access number 424 Further to your request for copy statements, we are writing to inform you that the legal time limit for supplying this information is about to expire. If your initial complaint was through the information commissioner the time scale is 28 days. If this is your first request the legal time limit is 40 days The reason for the delay in our providing this information is the very large number of identical requess that we have received, all of which we are obliged to respond to within the same timescale. The recovery of some of the information you have requested from archive (note- I only asked for my 6 yrs statements) is a lengthy and labourios process and we are reviewing our staffing position to put us into a better position to deal with the demand. We have made the Information Commisioner's office aware of the volume challenges we face and that we are writing to you in these terms. We are sorry for the delay but we assure you that we will let you have your statements as soon as we can. (I like this bit). We regret we are not able to enter into any correspondence with you about this issue. Yours sincerely, Adrian Whalley (what a wally) Head of privacy and data protection, legal counsel, data protection team, legal and regulatory compliance, dept LRC He does give his direct tel O1604 245 518 and fax 01604 254 150 but given that he says he won't enter into any correspondence on the matter I'm expecting more stonewalling when I call. Just a question for others on here, what can I do? Their resourcing is not my problem, yes? And I sent my first request in early dec, its nearly february now. I'm hopping mad as they first claimed not to have received my letter until 2 weeks after. I sent it recorded delivery and they cashed my cheque. So I smell the rat of refusal to supply info. Is it worth reporting them to the info commisioner now even though they say they're dealing but giving no specific dates and refusing to enter into correspondence. Have to say when I started in early dec I was half wanting my money back now with their attitude like it is making me even more determined. Ideas and guidance please folks, cheers j

Oh dear. i thought i was alone in this. It seems like Barclays in particular are really fighting this . I wrote to them before Christmas and got an extremely patronising letter back about the supply of information relating to charges they'd put on my account and the supply of statements ( they said they would supply within 40 days). the 40 days have expired and i have sent them a 7 day letter. i'm quite prepared to go to the info commissioner as i think it is disgsuting that they are not even wanting / reluctant to supply statements. surely the ombudsman should be sorting this out .

I am new here! just joined after hearing about this place on moneysavingexpert. I have already started claim with Natwest over my current account charges for the past 6 years , am currently waiting for Cobbetts defence, they have about another week to respond. Barclaycard have just exceeded the 40 day limit for supply of information under the DPA, I have threatened to take them to the information commissioner if they don't respond within 7 days and wait to hear. They sent me a very patronising letter at begining of Jan stating what they did and didnt have to supply to me under the DPA, then said they'd do this anyway, within 40 days from when they said theyd received my letter, which was 2 weeks after they sent it. Time's up guys!