Barclay Card- Serious data protection breaches **RESOLVED with Compensation**

[Snowyandfudge]

Hello everyone- I am a newbie!!!

 

I would be very grateful for any advice you can give meas acting on hubbys behalf ( as works offshore)

 

1. Had a CC with Egg with direct debit in place. Payments upto date and no arrears.

 

2. Tranferred over to Barclays as part of the Egg deal last November 2011.

 

3. Received notification of this in November- expected December payment to go out as per the existing direct debit.

 

4. Find out end of December, that direct debit ( dispite being told otherwise) did not go out.

 

5. Hubby home for holidays so rang up, paid Decembers payment and was told a new mandate for the direct debit would come out.

 

6. Direct debit manadate was completed and returned and should have been taken in Feb

 

7. Again a pattern of point 5 and 6 happened again when hubby came home in April .

 

8. Direct debit has been active and ready to be instructed since April.

 

9.The phonecalls started in May - tried explaining the siutuation but due to ' Data Protection' they could not disclose this information. ( Hubby was away)

 

10. Sent letters explaining the situation but heard nothing- then on the 5th July 2012 I had an unexpected visitor from one of their debt collectors.

 

11. He asked for my Hubby by name- ( his name bagdge was facedown).

 

Never had experience of this before, so said sorry he is not in. Was ready to close door when he started disccusing Hubby's account- outstanding balance showed me a sheet with details from Barclays- amount owning etc. He was rather loud. I asked him to be quiet as neighbours were out in the garden. At this time, I was feeling rather intimidated- shaking infact. I asked for his name but he said it so fast- I could not catch it. He was not presented well to represent a company such as Barclays.

 

12.Phoned Baclays/Mercers straight up- I was very distressed ( I am only in my ealry 30's and this man was very intimating) they stated that they would lodge this as a complaint and I would hear back dispite hubby being away.

 

13. Hubby returned home last week for hols- phoned up Barclays/Mercers regarding this and the direct debit- was advised that this issue had not been looked into and she was escalting:-x to level 2. Advise about direct debit not going out- she said no mandate had been sent out and therefore could not be set up. Hubby said yes, it has, we have proof ( I had scanned and printed a copy for reference) went through the form and she accepted this.

 

14. On Wednesday we received letter dated 7th Aug 2012 stating they wrote to hubby on the 7th August 2012 and would repond with 30 days?????????????

 

I am so sorry for the length of this email but wanted people to know the true facts. Direct debit finally being taken but the they have marked my credit file and don't appear bothered regarding the data protection breaches- I could have been anyone- he did not ask me who I was.

 

Would appreciate anyones advice on what to do next please?

Edited August 11, 2012 by citizenB
formatting

[citizenB]

First of all, you should not deal with your financial circumstances on the phone.. Always in writing.

 

I think you need to raise a formal complaint with Barclay Card - send the letter to their head office.

 

You need to reference your letter as a formal complaint and advise as you have above, the situation as it has unfolded.

 

Do you know for what reason the Direct Debit wasnt actioned? Was it a fault on the part of your bank or Barclaycard ?

 

 

You must stress the way you felt when the person turned up on your doorstep.. without an appointment as advised by the OFT guidelines.

 

That the agent was intimidating and acted more like a thug loan shark from the 1950's than a responsible agent of the 21st century (not that any DCA is a responsible agent, but no harm in egging it up a bit)

 

That having been advised on the telephone that you were not able to deal with this in your Husband's absence due to "Data Protection" the DCA appeared to have no problems discussing the situation in a loud and intimidating manner on your doorstep in front of neighbours.

 

That you now want this matter resolved, an apology and compensation for the stress caused.

 

If you want to draft something and pop it up for us to have a look at that will be good..

 

The company has 8 weeks in which to investigate your complaint either resolving the situation to your satisfaction or if not, they must provide you with a Final response letter. At which point you can take your complaint to the Financial Ombudsman.

 

HTH

[Snowyandfudge]

Thank you so much for your advice. Barclays admitting the direct debi t was their fault. Is there any templaates quoting references to the OFT and Data Protection Act, thanks again.

[citizenB]

Sorry, I dont understand .. templates quoting references to OFT and DPA ?

 

I thought you advised that B/shark wouldnt speak to you "due to Data Protection Act" ?

 

The reference to not just turning up on the doorstep without an appointment can be found in the OFT Debt Collection Guidelines.. I will go find a copy..

[rebel11]

Send it to:-

 

David Chan, Managing Director

david.chan@barclaycard.co.uk

 

Some tips:- http://www.dailymail.co.uk/femail/article-1242161/How--write-letter-complaint.html

[Snowyandfudge]

Thanks. Sorry for the confusion. Hubby is home now until Sept, so Hubby will be sending/emailing the letter. Thanks for finding a copy relating to OFT and DPA. I am so furious this has not been worked despite being lodged on the 5th July 2012 and then to send a lettter dated 7th August 12 stating they wrote to us on the 7th August 2012 and would need 30 days , just shows their incompetence.

[citizenB]

I have attached the document below for you.. and you should read it all.. but some of the guidelines that appear to have been breached are

 

3 UNFAIR OR IMPROPER BUSINESS PRACTICES

Debt collection visits:

those visiting debtors must not act in a threatening or unclear manner

On the telephone they were quite happy to quote DPA at you for not discussing the situation in order that it could be resolved. But they send a Doorstepper who then is not so reluctant to discuss what is obviously nothing to do with you.

Data accuracy:

businesses should have appropriate processes in

place with a view to ensuring that customer data is accurate

and take reasonable steps to ensure that it is adequate, with a

view to only the actual debtor and valid debts being pursued for

repayment.

 

Section 3.7

p. inappropriately disclosing, or threatening to disclose, debt

details to third parties

 

q. acting in a way likely to be publicly embarrassing to the debtor,

either deliberately or negligently (that is to say, through lack of

care)

 

This is the section regarding Debt Collection visits - toward the bottom of the document.

 

Debt collection visits

 

3.12 Those visiting debtors must not act in a threatening manner or be

unclear about the purpose of the visit.

 

3.13 Examples of unfair or improper practices are:

a. not making clear the purpose and intended outcome of any

proposed visit

 

For example, it is not sufficient to inform the debtor that collectors or

field agents will visit him and not tell him the intended purpose of the

visit.

 

b. visiting a debtor at a time when it is understood or suspected

that he is, or may be, particularly vulnerable53

For example, when a doctor’s certificate has been provided stating

that the debtor is ill.

 

c. not leaving the debtor's property when it becomes apparent that

he is unduly distressed or otherwise is, or appears as if he may

be, particularly vulnerable

 

For example, if it is understood or suspected that the debtor might

not have the mental capacity to make an informed repayment

decision and/or engage in the debt recovery process at that time.

 

d. entering the debtor's property without his consent or an

appropriate court order

e. not leaving the debtor's property when reasonably asked to do

so

 

f. visiting or 'threatening' to visit a debtor, without his prior

agreement, when the debt is deadlocked or reasonably queried

or disputed

 

g. not giving adequate notice to the debtor of the time and date of

a visit

 

We would not necessarily consider this to be unfair when a

person(s) pursuing repayment of an outstanding debt makes an

initial visit to a debtor (as it may not always be possible for him to

give adequate notice of the time and date of that visit).

 

In the OFT's view, what is 'adequate' will vary depending on

individual circumstances. When initial contact is made, a debtor

may be happy to speak to the person(s) pursuing recovery of the

debt at that time.

 

If that is the case, carrying out the visit would not be considered

to be an unfair or improper practice. Where a debtor indicates that

he prefers to use that first visit to agree a more convenient time

for a future visit, the person(s) pursuing recovery of the debt

should respect his wishes.

 

A debtor may prefer to defer a visit until a later date so that he can

seek advice about his situation and/or arrange for a third party to

be present.

 

What is important is that a debtor is given reasonable time to

prepare for the visit. Debtors should not be coerced or pressurised

into immediate discussions/decisions.

 

OFT664Rev[1] - Debt Collection.pdf

 

[Snowyandfudge]

Thank you so much CitzenB- this is great. Missed post today- so plan to email CEO ready for him to pick up on Monday am, in addition to sending by registered post.

[citizenB]

When emailing your complaint.. attach a read/receipt to the email before sending. Also send yourself a copy.. sounds bizarre I know.. but it seems this is what you should do

[Snowyandfudge]

Thanks again. Always send by read receipt but never to myself- thanks again:-)

[citizenB]

http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members

 

This was what I was looking for earlier on in respect of visits from Debt Collectors

[slick132]

I think your husband should use the contact details in post #5 above to make a Formal Complaint about :-

 

1. BC's failure to use the old Egg DD mandate to continue with payments after the takeover.

 

2. BC's subsequent failure to action the new DD mandate which was sent to them.

 

3. BC's failure to postpone all collection activity until THEY had sorted out THEIR errors.

 

4. BC instructing or allowing a doorstep collector to call on you.

 

5. The doorstep collector discussing YH's a/c with you, in clear breach of the Data Protection Act.

 

Enclose a brief chronological history of the events from when BC took over the a/c, listing the date and bullet points of what happened.

 

Give them 14 days to investigate and to ensure that the DD is now in place.

 

Tell them you expect proper compensation for:-

 

BC's failure to manage your a/c properly after the takeover from Egg.

 

The harassing phone calls to your wife when it was BC who were to blame for the a/c being in arrears.

 

Data protection breach when the doorstep caller discussed your affairs with your wife.

 

The rude and intimidating manner in the which the doorstep caller spoke to your wife.

 

The stress caused to your wife by sending a doorstep caller when you were working away.

 

Send the Formal Complaint by Recorded Delivery and let us know how they respond.

 

[Snowyandfudge]

Many thanks everyone- this is great. Will email tonight by read receipt to the CEO in addition to sending a letter by recorded mail tomorrow.

[Snowyandfudge]

After emailing the CEO, this the response I have received ( please find this attached_

 

 

This happened on the 5th July why do we have to wait until 13th September for a response.

 

Response from Barclays.docAny advice etc on how to reply would be greatly appreciated.

[citizenB]

I dont know why your document hasnt linked.. can you please follow the instructions below in order that we can have sight of it

Can I also suggest you change the name of your document to something other than Barclays as that automatically brings up one of the automatic links

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[Snowyandfudge]

Response.pdf

 

 

Thanks. Hopefully, this has worked.

Edited August 14, 2012 by citizenB

[slick132]

Hi S&F,

 

Send them back the data they require and ask that, in the circumstances, they reply to you with a full response within 14 days instead of 30.

 

Given the resources available to them, this is not unrealistic.

 

[citizenB]

Yes, it worked

 

Respond as advised by slick

[Snowyandfudge]

An update- this happened within the first week of the complaint being sent to the CEO. The problem lied with the EGG takeover, well what they say in their letter. They have refunded all charges and ammended credit file. Apologised for the DPA incident and refunded £200 onto the card for the distress this caused.

 

This would not have happpened without the help of all the CAG members. Thanks so much-greatly appreciated.

[citizenB]

Oh, well done. This is very good news for you

 

And, you didnt have to wait until 13th September

[slick132]

Hi S&F,

 

Glad to hear this was resolved to your satisfaction !