tamadus v Barclaycard

[tamadus]

Just received the standard microfiche argument and 2 years of transactions from Barclaycard in response to my Data Protection Act letter sent 24 June.

 

About to send an e-mail to Tracy Burgess (Customer Relations Manager) pointing out the Information office have stated that microfiche is a relevant filing system under the DPA and that they have a total of 40 days to comply (expires 5 August) before I lodge proceedings for non-compliance.

 

I will also at that time send an letter requesting payment based on an estimated amount due to their failure to comply with the DPA.

 

Below is the e-mail I am about to send if anyone would like to make a comment before it goes

 

Dear Mrs Burgess

 

Account Number XXXX

 

I am in receipt of your letter dated 2 July 2006 your reference XXXX

 

I note your comments in reference to the archived transactions being stored on microfiche, but would advise you that my Data Protection Act request does cover information stored on microfiche, or any other system. Please see the case of Durant v FSA 2003.

 

The Information Commisioners Office have also recently confirmed that microfiche archives do constitute a structured relevant filing system and subsequently are covered by my request.

 

I would also point out that you have 40 days to comply with my data request which expires on 5 August 2006, after which time I will lodge a complaint with the information commisioners and commence proceedings for non-compliance.

[callumsgran]

Sounds fine to me, go for it!! good luck to you

[tamadus]

Response to their standard microfiche letter sent via email. I'll follow it up by letter just to be sure she gets it, may as well hit her from both sides

[tamadus]

As Barclaycard dont want to send me my data I sent them a CCA letter. They go into default tomorrow 7 September 2006

[millymollymoo]

What happened?

 

Milly X

[tamadus]

I emailed them for speed opver a week ago and heard nothing yet lol

 

Going to copy it to paper and post it.

 

They take a month for every 'dont be silly' and 'we know better than you do' type of letter.

 

This is time consuming as it's potentially a large claim.

[millymollymoo]

That sounds a lot like Capital One. They missed both deadlines. The reply to LBA coming at the same time of their acknowledgement of POC's.

 

Barclaycard sent the S.A.R really quickly, however in a quick reply to the prelim say they eant till 6th march:rolleyes: Me thinks not!!!! LBA will be winging its way to them on MY deadline not theirs!!!!!

 

 

Milly XXX

[ripoffstopper]

Hi Tam, is your voyage of discovery on the MV. CCA still becalmed in the Doldrums? Cheers ROS

[tamadus]

Hi Tam, is your voyage of discovery on the MV. CCA still becalmed in the Doldrums? Cheers ROS

 

 

Not so much in the doldrums but sidelined slightly (along with a couple of other matters) while I win an ERC claim

 

In the meantime Barclaycard continue to give me evidence of their misdemeanours by passing this to a company called Risk Management Alternatives, who send me nice little postcards every few days informing me thay are going to call at my home on such a day. I'm getting tired of waiting in for them and them not showing up

 

Barclaycard themselves seem to have forgotten me as they havent replied to any letters or emails in the last 3 months I so enjoyed their replies

[Jeff2000]

Hello,

 

 

Was there an outcome to this case at all!!?

 

 

Regards, Jeff.

[zosaphine]

I was wondering the same thing Jeff, as i started reading another thread that Tamadus started, re pointing out Banks failure tocomply with several sections of the CCA, and arguing therefore that the debt is unenforceable.. I got through 14 pages, but gave up when i noticed another 550+ pages to go!