monstermind v Egg (now Barclaycard) PPI. SAR failed.

[monstermind]

Starting a new thread for this PPI action against Barclaycard. Originally an Egg Card, then taken over by Barclaycard. Card is still active.

 

I am helping a family member with this, so the card is in their name. They never needed or wanted PPI, they were self employed whren the card was opened, and they have phoned once in the past to cancel PPI and were told that they couldn't (hopefully this contact was recorded and will be confirmed if / when the SAR is complied with.)

 

Action so far:

 

30.11.12 - Sent a SAR and £10 postal order to Barclaycard's Data Compliance Officer. Used one the templates off CAG for the SAR.

 

03.12.12 - SAR was received by Barclaycard (according to Royal Mail track and trace)

 

12.12.12 - Barclaycard returned the SAR and postal order, with a standard letter:

 

"Thank you for your request for information under the Data Protection Act.

 

Unfortunately we are unable to process your request due to the reason(s) detailed below:

 

It is possible that the account has been closed for a period of more than 6 years and as a result customer details are no longer retained."

 

Now, given that the card is still active, this is nonsense. As they received the request on 3.12.12, I reckon their 40 calendar days are up on 09/01/13.

 

I am now unsure on the best way to proceed. Should I re-send the original SAR and PO, with a cover letter advising them that the card is active and they are running out of time to reply? Or should I wait until the 40 days are up and send a LBA?

 

Any advice gratefully received!

[BRIGADIER2JCS]

Yes write to the Data Controller at Barclays as follows:

 

Ref: use the one on the SAR rejection Letter.

 

Formal Complaint: Failure to provide documents requested under DPA 1998.

 

 

Sir,

 

On xx xx xxxx I sent Barclays a Subject Access Request under the DPA 1998, this is in reference to an account No. xxxxxxxxxxxx in the name of xxxxxxxxxx, who has authorised me to act for them.

 

Barclays have returned the statutory fee and have stated that the bank camnnot comply with this lawful request for reasons that appear to entirely spurios, the account is not closed and is still active, so claims that data is not held are unacceptable.

 

I am returning herewith the statutory fee of £10.00 and require you to supply ALL the data you hold on any system under your controll, having waited for xx days for the bank to comply with the request I will allow only the remaing xx days for you to comply, after which I will send a copy of all correspondence to the ICO with a complaint in regard to Barclays conduct in this matter.

 

Recorded delivery check when they receive it.

[monstermind]

Thanks for the speedy and helpful reply, will do as you suggest and will update the thread when there's further progress.

[BRIGADIER2JCS]

Thanks for the speedy and helpful reply, will do as you suggest and will update the thread when there's further progress.

 

Your welcome!!

[monstermind]

An update on this claim - and a question.

 

Original SAR request was refused by Barclaycard, a second letter was sent on 4 Jan, along the lines of that suggested in post #2 by Brigadier2JCS.

 

Barclaycard then contacted my relative by phone on 29 Jan, and said he would need to collect the information from a Barclays Bank, and present ID to collect it (!!!!), which he duly did (why they could not have simply posted it, I do not know.)

 

Needless to say, the information was incomplete. There were NO statements, as specifically requested in the original SAR. We did get some info that was useful:

 

5/9/2001: PPI taken out with Egg

9/2/2007: PPI cancelled with Egg

 

(The Egg Card migrated to Barclaycard in 2011.)

 

My relative passed the correspondence on to me at the end of February, so I've been a bit slovenly in taking the next step.

 

I intend to draft another letter to Barclaycard, requesting the information in full, and passing the correspondence so far on to the ICO. Before doing this, I wanted to spend a bit of time on here, to reassure myself that I'm taking the right action.

 

My understanding is that, as the card was taken over by Barclaycard, then Barclaycard are responsible for everything to do with the account, including refunding the mis-sold PPI.

 

I don't think the fact that the PPI was cancelled prior to the migration would change that, but I'm posting in the hope that if anyone knows different, they could let me know.

 

(I've had a trawl around the various threads to check if responsibilty for closed Egg Card ppi policies was siphoned off elsewhere prior to the Barclaycard takeover, but have drawn a blank.)

 

If anyone knows differently, I'd appreciate your feedback. Barclaycard are obviously dragging their feet as much as possible on this one. I'd hate to get another month or two down the line, only to be told by Barclaycard that they're not responsible for refunding Egg's PPI in these circumstances.

 

Any feedback gratefully received!!

[ken100464]

Monstermind.

 

Its a pure PPI claim. As I understand it you should be chasing Canada Square Operations, PO Box 4903, Worthing BN99 3AR.

 

This is the old Egg stuff. Liabilities etc.

 

If you have statements etc from your SAR then by all means bang in a spreadsheet. But for me that gives the game away and if you cock up they could pay you less.

 

Get a PPI claim form off the FOS website, think about your answers and especially why it was missold. Work, illness, that sort of thing. Read up about the fine Egg got see if your dates are same as for when FSA fined them.

 

When you done the FOS form send it to Canada Square and good luck with it.

 

Barclays imo will just jerk you about. And eventually say it was Canada Square you should be talking to.

 

Good thing though is sometime in the future if you win it should be all yours. No set off as different banks.

[ken100464]

P.S.

 

You could SAR Canada Square also for the statements. May have them, they did ours back to 2003 last summer. As still active card then they have to keep it for at least 6 years. So if migration was 2011 then should be back to 2006/7 at very least but probably more.

 

As I said think Barclays a bit of a red herring blocking your view of who you really after and the being self employed is good reason for missale. just be aware you may need to prove this. So be ready for that angle from them.

 

Good luck

[monstermind]

Thanks for the quick and very helpful response, ken100464.

 

I had originally been working on the assumption that as the card was still active, Barclaycard would responsible for the PPI liabilty, but because the PPI was cancelled before Barclaycard took over, this threw a spanner in the works.

 

We're not at the stage yet where we can send in a PPI claim form to anyone, we still need the statements to see what was actually paid from 2001-2007.

 

Brclaycard are totally jerking us about, but given that they've taken my relative's tenner and haven't supplied the info requested, I think we'll letter them again for the info and see if they will supply statements back to 2001.

 

We'll just have to be prepared for taking it up with Canada Square at a later date if needs be.

 

Thanks again

[ken100464]

Think Barclays wont give you any statements.

 

They dont have to as its the information you had between you and Egg.

 

All Barclays would need to give you is stuff between 2011 and now.

 

I am sure you would be miffed if companies were passing sensitive info about willy nilly. DPA prevents this really

 

Barclays is the intermediary not the target here.

 

CCA and stuff like that is used to prove liability. Indeed think they aint been bad to you in they have obtained the fact you did have PPI.

 

Therefore well worth chasing now.

 

The tenner to Barclays has been spent. It got you the stuff Barclays had. You cant say its a failed SAR. You have to look at it and say it was a misdirected SAR.

 

To get what you want sadly its another tenner to another company.

[Inertia Creeps]

Sorry to barge in on the thread, I just saw something that Ken has said with regards to the SAR request from Canada Square. Just wanted to ask was your account closed by the time you sent this request? I'm asking as I sent them an SAR last week but my loan and credit card account dated back to 2002 and I don't have any paperwork for either apart from the account numbers.

 

I do know what you mean about Barclays being difficult though. I've sent off a PPI claim last week and I got a letter from them saying I have to prove who I am at a branch or by writing to them even though they eventually sent my SAR 2 years ago!

[monstermind]

Thanks again Ken.

 

I take on board what you saying, and I would indeed be miffed if companies were passing info about willy-nilly, but as Barclaycard have taken over the Egg account, this was a continuous account, a bit like when Santander took over Abbey.

 

The only doubt in my mind was because the PPI was cancelled prior to the takeover.

 

Barclaycard have supplied details of the Egg internet application, which was from August 2001, but have supplied no statements whatsoever. Surely if they can supply the original application details, they can supply statements as well?

[ken100464]

But think you will find it became a Barclays account. Different number etc.

 

Bit like a balance transfer is best way to look at it.

 

CCA's can be obtained to prove debt. DCA's do it all the time. They need this info for a court case hence why if the debtor asks for it they have to get it.

 

But rest of it is between you and egg.

 

I know its what you feel is a tenner wasted to Barclays but think you will find Barclays complied with your SAR. Its everything they hold on you. Not everything that pertains to that account. Thats the difference. If they dont hold it then they dont have to give it to you. And DPA which a SAR is about isnt about Barclays then being forced to get the information from another company on your behalf just because you feel they could get it if they wanted to. The tenner is for everything Barclays holds nothing more.

 

But thats me out of here I am only offering advice.