barclaycard stalling badly, what should i do? **WON**

[jimmyay]

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

[datxman]

I would wait until the end of the 40 days is up and then I would inform the ICO. I had a similar problem with Capital 1 and as soon as I sent the request to the ICO I received the statements. The ICO are not the most helpful of organsiations however they do tend to work eventually.

[Bookworm]

Besides, the better documented their delays are, the more pressure the ICO can put them under to comply... So that they can't use the staffing levels to delay forever... So yes, I'd say complain to the ICO anyway.

[jimmyay]

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

[fab1969]

Besides, the better documented their delays are, the more pressure the Information Commissioners Office can put them under to comply... So that they can't use the staffing levels to delay forever... So yes, I'd say complain to the Information Commissioners Office anyway.

 

I have had the same letter too. I can't do anything until I get the statements as this account has been dead for a couple of years now.

 

Can anyone point me to a template letter I need to send to the information commissioner please?

[jimmyay]

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

[fab1969]

Thanks Jimmy, letter going in the post any minute.

[jimmyay]

I got this through today from Barclaycard, following my 7 day letter (now just expired). What do folks think?

 

Dear XXXXXXXXX

 

Re: YOUR DATA SUBJECT ACCESS REQUEST

 

I write in response to your 7 day letter. Clearly you are not happy about the fact that you have not received your past 6 years card statements within 40 days specified in the DPA1988.

 

May i put the situation into context. The volume of requests identical to yours that we have had since the beginning of December is in the region of 2000.

 

Card statements pree May 04 are stored on microfilm at Barclays record mangement centre in the North West. post May 04 statements are held on computer .

 

It is a labour intensive manual intensive process to retrieve the relevant microfilm of which there are many thousands, from storage, this then has to be inserted into a reader for the relevant statements to be located. it therefore takes a fair time to locate each statement a cusotmer has requested, we are going back to January 2001 in each case. . This will be 28 statements to satisfy each request. statements on microfilm are not always in sequence as this is determined by the billing date which isnt always the same each month.

 

Barclays has had to recruit additional staff and has aquired anumber of additional mircofilm readers to seek to speed the response process.

 

I have made the info commissioners offic (at assistant commisioners level) fully aware of the situation i describe and am updating on a regular basis.

 

I can only apologise for our not being able to let you have the statements you have requested within the timescale set. However i want to seek to reassure you that we will let you have your statements as soon as we can

 

yours sincerely

 

A Whalley

 

etc etc

[oscar52]

I havnt had the second letter (i didnt reply to the first TBH) but when I called Whalley (who was quite suprised) i did get all the fob off regarding "due you know how many customers..." "do you realise..." blah blah blah.

 

However I still havnt had them (and Monday will be 54 days), so i can see three options -

 

1. Wait a bit longer

 

2. Second in a nasty letter (which given the previous post probably wont do squat)

 

3. (and this sounds best to me) Just make up a figure - ie "I beleive i have payed £X charges in last 6 years which I would like refunding, also, I would like to claim an amount of compensation, which i shall leave at your discretion for the blatant disregard of the DPA"

 

This last point - I know they "say" they have informed the commissioner blah blah blah, but they aint the only bank to have this up against them, and they have manged quite well.

[Glenn UK]

I spoke to the ICO office last week and they dont agree that the barlcaycard response puts them witin the law. However, the ICO are unlikley to prosecute since they try to get the relvant body to comply rather than use the big stick.

 

If you want to force the issue take them to court for non-complaince and their letter is the evidence that not only have they not com;plied but this is in effect wilful noncomplaince.

 

JMHO

 

Glenn

[Stornoway]

Hi Glenn

 

If I was to take them to court for willful non compliance what am i actually suing them for ? i.e. there is no financial loss by not getting the statements so other than the missing statements what should i be asking the court to give me ?

 

Cheers

[jimmyay]

OK time for my update . in response to my 7 day letter i had a grovelling letter from Mr Whalley explaining in detail the reason for the delay but still giving no specific date. the letter was sufficiently explanatory for me to allow them extra time.

 

i have now received a letter from the office of the info commissioner about my complaint, and they say they have asked barclays to comply within 28 days. so clock is ticking again . after 28 days are out (another 3 weeks) i will give another 7 day letter and then proceed to court, with more justification , i feel , having given them every chance.

[Glenn UK]

Hi Glenn

 

If I was to take them to court for willful non compliance what am i actually suing them for ? i.e. there is no financial loss by not getting the statements so other than the missing statements what should i be asking the court to give me ?

 

Cheers

 

You would ask the courts for an order forcing them to comply or provide a good reason why they havent, see my thread Glenn Vs co-op for what i did.

 

HTH

 

glenn

[fab1969]

OK time for my update . in response to my 7 day letter i had a grovelling letter from Mr Whalley explaining in detail the reason for the delay but still giving no specific date. the letter was sufficiently explanatory for me to allow them extra time.

 

i have now received a letter from the office of the info commissioner about my complaint, and they say they have asked barclays to comply within 28 days. so clock is ticking again . after 28 days are out (another 3 weeks) i will give another 7 day letter and then proceed to court, with more justification , i feel , having given them every chance.

 

Had the same letter last week after issuing them a 7 day final warning letter and issuing a complaint to the Information Commissioner. BUT, also amongst that same days post were my statements!! I don't honestly think the right hand knows what the left hand is doing there.

 

Have now sent of my first 14 day letter asking for my money back.

[datxman]

Your proberly right " The right hand doesn't know what the left hand is doing" as Barclaycard have failed to reply with their AQ and now only have until the end of the week to comply with the request of the judge.

 

The strain is showing and they are cracking under the immense pressure LOL:D

[jimmyay]

barclaycard have now run out of time on my small claims case.

 

how long should i leave it after the 28 day limit to enter judgement and what is their likely reaction?

[jimmyay]

oh dear. just checked MCOL. Defence entered "late" at last minute.

grrrrrr.

[jimmyay]

I Have Won! Settled In Full £800! This Was After Their Original Part Refund Of "anything Over A£12 Charge" - I Have Got Every Penny Of Every Charge Refunded. Case Was Transferred To Another Court , Then Barclaycard Applied For Stay Lumping The Credit Card Claim In With Normal Bank Charges One. Court Mistakenly Agreed With Them And Deffered To Jan 08 , Then Out Of The Blue - Bingo - Barclays Sent A Letter Capitulating! Think Court May Have Noticed They Were Trying To Be Clever And Hoped I Wouldn Notice - Has Taken Best Part Of A Year But Got There In The End. Hooray!

[slick132]

hi Jimmy, Thats great news - well done

 

 

Slick

[ukaviator]

Congratulations, well done

[noomill060]

Good stuff!