Barclays breach the GDPR ??

[paulwlton]

Consent was only valid whilst the contract was in operation. 

They cannot share data after the contract has ended without obtaining explicit consent.

 

Barclays have not sold it, they have sent it to DCA for collection.

 

The account was closed in May with a zero balance. 

 

Ive studied the DPA and GDPR for several months and was recently successful against my former employer in relation to excessive processing under the GDPR. The ICO ruled in my favour and advised/told the company to destroy a copy of my passport,  personal contact details, banking data etc. 

 

Trust me I'm right on this.

[dx100uk]

I think in employment there is a clear cut line under gdpr 

im not so sure on banking matters paul.

 

yes ofcourse a poor admin mistake to pass a closed account with a supposedly zero'd non existent balance to a dca

but this obv runs with the fact they'd not or hadn't sorted the CRA file either...left arm right leg syndrome

 

passing incorrect data to a dca yes.thats a no no.

..passing of any data to dca or the cra files for that same matter must mean gdpr allows it..

so be careful of wording.

 

which is why im saying the fact that the account is statute barred anyway [regardless to gdpr] might prove a more cut and dried and fruitfull result..they cant argue there.

[paulwlton]

When does an overdraft become statute barred? 

 

[Andyorch]

The same as any other debt....6 years no deposits  no acknowledgment ...assuming they have issued the recall/demand on time.......

 

Notice served under Sections 76(1) and 98(1) of the CCA1974

 

Andy

[paulwlton]

Hi Andy

 

I don't believe any notice to terminate was sent. 

[Andyorch]

Then the cause of action has yet to be triggered according to some loony Judge in the PRA case that confirms the statute barred date starts from the issuance and expiration of the default notice or recall/demand notice 

[paulwlton]

I thought that was the case. 

[Andyorch]

Not being sent or received is different to no being registered (internally or externally CRAs etc) if termination /recall was ever triggered.The DSAR would confirm.

[paulwlton]

Tbh I've no need  to mention the SB defence has Barclays closed the account and written the amount off on 15th May. 

 

My complaint is that there was no lawful  basis or valid reason to share personal data with a DCA when theres no debt to recover.

 

 

[dx100uk]

then in the same breath..how can they share that same data with the credit ref agencies?

either they can or they cant paul. regardless to who they are sharing the data with.

 

you cant have it both ways surely..

[Andyorch]

19 minutes ago, paulwlton said:

Tbh I've no need  to mention the SB defence has Barclays closed the account and written the amount off on 15th May. 

 

My complaint is that there was no lawful  basis or valid reason to share personal data with a DCA when theres no debt to recover.

 

 

 

True...

[paulwlton]

The bank said it would remove the balance off the credit file on the first of February.

 

the bank also acknowledged that it was unfair to continue to damage the credit file for an account balance they never attempted to recover for over a decade.

 

The bank had no valid/lawful reason to share personal data  as the account was closed and there was no outstanding balance. 

 

or am i wrong?

 

Ive spoke with both Barclays and the DCA today - they're both taking the matter seriously!!

 

Ive updated the letter I'm sending today. Please advise if its ok?

 

On the 22^nd April 2019 you provided me with the banks response to my complaint against the way the bank has handled my account. You supported my complaint and acknowledged that the bank had failed to close my account, remove the outstanding balance and delete the same from my credit file. The letter contained an offer of £450 for the ‘significant delay” in making the amendments and for the distress and inconvenience the matter had caused. The letter stated that “we wont be taking steps to pursue payment of the balance”.

 

On the 15^th May 2019 the bank closed my account and the balance was set to zero, a final statement was sent confirming the same and the contract ended. Please note, that hitherto, you've failed to delete the account balance from my credit file after you informed me that you would do so eight weeks beginning the the 2nd April.

 

On the 6th June I was informed by letter that Barclays had shared my personal data with a company called Arvato Financial Solutions (DCA). This was achieved without first obtaining my consent. The letter requested I contact the company to arrange a schedule of repayment.

 

On the 10th June I called the DCA and explained that no debt existed and told them to immediately cease processing my personal data.

 

Complaint as follows:

 

The bank shared my personal data after the contract ended on the 15th May.

The bank shared incorrect personal data.

The bank has reneged on its promise that it would not pursue the debt.

 

I believe the Bank has breached the General Data Protection Regulation by sharing my personal/incorrect data without a valid reason or lawful basis to do so.

 

I lost my Father several weeks ago and my GP has signed me off work due to stress and anxiety and the fact that you have now decided to renege on your promise has compounded this.

 

Should it transpire that you have breached Data Protection laws I will submit a complaint to the ICO and seek compensation under Article 82 GDPR.

 

Yours Sincerely

 

[dx100uk]

got 'em on the run paul..

 

it will be interesting to see the excuse they make for the compo that must be coming your way.

 

as for if you are wrong...

 

I just find GDPR a bit irish on data sharing, regardless to whom the data goes too.

either data on a closed account can be shared or it cant.

 

or p'haps, because there is [another] relationship between the banks and the CRA, then they can share it to them but that doesn't extend to a dca when they say an account is closed. but its still your data... as I say just musing here.

 

 

[Andyorch]

https://gdpr.algolia.com/gdpr-article-82

[paulwlton]

Statement showing account closed with a zero balance.

 

 

Statement showing account closed with a zero balance.pdf

[paulwlton]

 

Just received a letter from the DCA requesting payment of the balance outstanding.

 

 

 

 

 

 

 

[mrabody]

On 10/06/2019 at 13:02, dx100uk said:

got 'em on the run paul..

 

it will be interesting to see the excuse they make for the compo that must be coming your way.

 

as for if you are wrong...

 

I just find GDPR a bit irish on data sharing, regardless to whom the data goes too.

either data on a closed account can be shared or it cant.

 

or p'haps, because there is [another] relationship between the banks and the CRA, then they can share it to them but that doesn't extend to a dca when they say an account is closed. but its still your data... as I say just musing here.

 

 

 

It's the purpose for which the data is transmitted.  It's perfectly proper in this case for the bank to contact the CRA and advise them to remove the information relating to this account from the customer's credit file.  It's not proper for the bank to send the customer's details to a DCA to try and collect on the now non-existant debt.  It would be equally wrong for the bank to subsequently contact the CRA and tell them that the customer is in default on this account.

 

 

[paulwlton]

That’s correct. The only purpose for disclosing a customers data  with a DCA is to recover any outstanding balance/debt. The lawful basis to do so is legitimate interest. However, in this case theres no debt to recover, so there is no lawful purpose. Barclays have screwed up!!!

 

[paulwlton]

Just thought id mention that the account balance past over to the DCA contains hundreds in unlawful charges, interest and account fees.

 

Is it worth including/adding this behaviour to my complaint?

[dx100uk]

or get reclaiming?

 

[paulwlton]

I need to find out why charges, interest and fees were added contrary to the terms and conditions.

I also need to know why the overdraft facility was set to £10 without any agreement.

I have a suspicion that a bit of mischief took place when the account was opened in 2001.

 

If the balance has been unlawfully inflated and the same has been recorded on the credit file for ten years??

Edited June 15, 2019 by paulwlton

[dx100uk]

then the info must be removed if the charges are proved unlawful...…??

 

another string to your bow..

I sort of eluded to this earlier...

 

cant see how they are even allowed to sell it on if all that's kept it alive all these years are their charges which I assume is why they zero'd it anyway, no skin off their nose.

[paulwlton]

Ok. Ill submit a further letter.

[Andyorch]

Paul has the debt been assigned to Arvato Financial Solutions or they just collecting for the their client Barclays ?

[paulwlton]

Collecting.