noomill v Barclaycard- SAR non-compliance**DAMAGES WON**

[noomill060]

Had letter back from the Court confirming that the case has been re-listed to be heard on 19 June.

 

No sign of cheque. (No suprise there, then!)

[noomill060]

Sent this email to our friend Adrian yesterday:

 

Dear Mr Ruffhead,

 

It is now 6 days since your last email in which you stated that:

 

"Barclaycard has confirmed to me that the sum of £242.56 has been remitted to your account, therefore this sum has been paid to you."

 

"As discussed I have been advised that the Barclaycard account that you have has an outstanding amount owed on it."

 

"As a result we have agreed that I will arrange for a cheque to be sent to you, for the agreed amount, within the next 7 days. This is as per the agreed settlement and paid without admission of liability on the part of the Bank."

 

Would you be so kind as to confirm whether you have now arranged for a cheque for the agreed amount (£242.56) to be sent to me?

 

If not, I will have no option but to bring this to the notice of the Court as another example of your bad faith and as an abuse of process, wasting the Court's time in a case which, given your defence, you clearly have no intention of defending in Court.

 

 

Your sincerely,

 

noomill060

[noomill060]

Recieved this back from Big Aid:

 

Dear noomill060,

I have e-mailed the Barclaycard team dealing with this, this morning & they have confirmed that the cheque was sent to you on Monday, 14.5.07. I suspect that you have now received it, so please confirm to me & the Court that this is the case & the claim & future hearing is withdrawn.

Regards,

Adrian Ruffhead

[noomill060]

Fired this back:

 

Dear Mr Ruffhead,

 

I'm afraid that as of today (17/5/07), I have not recieved the cheque to which you refer, and that my claim therefore will not be withdrawn as yet.

 

The only post I have recieved that is even vaguely connected with your organisation is another letter from the ICO. (Yikes! You guys really do like sailing close to the wind!)

 

I suspect one or all of the following:

 

Either that the Barclaycard team to which you refer, have given you incorrect information or that you are wilfully and vexatiously misleading me.

 

Another possibility is of course, that the cheque was posted second class and is simply still in transit with Royal Mail. (Although I would have thought it prudent, under the circumstances, to have sent it by a secure courier.)

 

I understand UPS Business Express offer an excellent "next day signed-for" service in this respect.

 

 

Yours Sincerely,

 

noomill060

[noomill060]

Got this back:

 

Dear noomill060,

I have been assured that it was sent to you on Monday & as it is only Thursday, it is still possible that it has not yet reached you; delays in the postal system can occur, for which the Bank, is obviously, not responsible. I would suggest that if the cheque has still not arrived by close of business tomorrow, that you notify me & a stop will have to be placed on it & replacement funds arranged.

If this does have to be done I suggest that you send me a nominated bank account & I will arrange a direct transfer of funds.

Regards,

Adrian Ruffhead

[noomill060]

Quite honestly, feel like I'm dealing with an inexperienced newbie Non Paying Bidder on Ebay, who realised, too late that the collectable Dinky Toy they were they high bidder on, is already in their collection and are trying to weedle their way out of paying the £3.90 + £4.50 P&P they agreed to!

[bextar]

Hi Guys... I had an account with BCard 97 - 03. Account closed as I had defaulted on it. I had a theraputic shreading session after and have no knoweldge of my account number. I submitted my SAR 28th April and have recieved a response basically saying that there are unable to trace any information. I have not moved, changed my name or my birthday to my knowlege and I thought that they had to legally keep my information for a least 6 years anyway. Any suggestions please??

 

Thanks

 

Bextar

[Guest ChloeJane]

Hi Noomill,

 

I had to reply to your post after reading it through.

 

Firstly - yes you are well within your rights to have taken the action that you have, but if it goes to court I assure you the costs will not be granted.

 

A litigant in person can claim £9.25 per hour. The maximum number of hours you could prove for this is 3.

 

Please see the post here -

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/85351-barclaycard-r-subject-access.html#post811212

 

It would cost them more to attend, but your costs could well be thrown out of court so I would not push too hard as you have got a very good deal out of this.

 

I think if it went to court - you would walk away with much much less and a possible blow to the confidence so I would step back and await for the cheque or - they will defend and have every right to inform the Court of offers made to you.

 

Count your chickens this time - but don't get over confident or it will be your downfall. While you are right - your costs being awarded are indeed lucky for them to have granted them.

 

I have known of 7 cases in 3 weeks that were not this lucky.

 

CJ

[noomill060]

Thanks for the advice, ChloeJane. Will bear it in mind for future claims.

 

But this time, I guess I got lucky, more by luck than judgement maybe.

 

Postie has just delivered a cheque issued direct from the Director's Office at Barclays to the value of £242.56.

 

(£200 damages + £36 court fee and a bit of interest)

 

However, the primary purpose in this claim was to force them to comply with my SAR, which they have, with the exception of three months transactional data from Oct 00 - Dec 00.

 

The unlawful charges that they were concealing behind the microfish [problem] far exceed the £200 damages I was claiming. had this gone to Court i would had been satisfied with an order to comply, my court fee and the possibility of a threat of imprisonment against Barclaycard's data controller, as was awarded to a RBS customer last November.

[noomill060]

The case number was 07/016920

 

Relisted to be heard at Craigavon County Court on 19 June. I will withdraw the case when the cheque clears.

[noomill060]

Oh yeah, the cheque was dated 16 May, envelope postmarked 17 May.

 

Yesterday. Not Monday 14 May as Ruffhead claimed.

 

Honestly, you cant trust them as far as you could throw them.

[gizmo111]

****CONGRATULATIONS****

:grin: :grin: :grin:

[Paintball]

Hi Guys... I had an account with BCard 97 - 03. Account closed as I had defaulted on it. I had a theraputic shreading session after and have no knoweldge of my account number. I submitted my S.A.R - (Subject Access Request) 28th April and have recieved a response basically saying that there are unable to trace any information. I have not moved, changed my name or my birthday to my knowlege and I thought that they had to legally keep my information for a least 6 years anyway. Any suggestions please??

 

Thanks

 

Bextar

 

Bextar

 

I was in exactly the same position as you; without an a/c number from an old closed a/c. Barclaycard did not even have the courtesy to reply to my SAR so I had to resort to my own ingenuity. I trawled though my bank statements and found payments made to Barclaycard and, after some encouragement, I managed to persuade my bank to trace these payments and reveal my Barclaycard a/c number.

So far so good; SAR reminder went off with a/c number now added. But Barlcaycard have STILL NOT replied to my request and I am now following Noo's steps here. LBA for non-comoliance sent ...

 

 

NOOMILL

 

Congratulations on this. I'm impressed and encouraged and will follow the steps you have taken in my own claim with B/c - I imagine you're going to get started on your charges now. Give 'em hell.

Apologies for hijacking your thread

[noomill060]

My next step will be to put in a Wasted Costs Order, just to twist the knife!

 

Wicked, wicked noomill!

 

What ya reckon- £30?

[noomill060]

Have this afternoon filed an identical SAR non-compliance small claim against- Woolwich!

[noomill060]

Good luck with your own non-compliance claim, paintball. Have you complained to the ICO?

[noomill060]

Woolwich completely ignored my SAR and the case has been refered to the ICO heavy mob, the Regulatory Action Department.

[welshcakes]

Noomill

 

I've read through this whole thread and recognise the pattern of rubbish and downright fibs in B's letters. I have a court date for a DPA breach ( 14th Aug). My quandry is different:

 

B's are happy to settle my damages and I have written twice to say yes fine, but on condition you send info I requested in my SAR (Nov 2006). They are arguing two things now,

1) THey reckon they sent a list in March - in response to my reminder letter to Radbroke

2) They recently sent list BUT only from July 2001 onwards - they claim due to Statute Limitations, they are only able to provide 6 yrs worth from today's date.

 

Well, that's all well and good however I made my SAR request in NOv 2006 so I still want my statements/list from Nov 2000 onwards.

 

Looks like it's stalemate and will go to court; all I want is my statements and the settlement they have already agreed to and I will discontinue the case.

Why on earth would B's (formerly Woolwich accounts) hold out on just getting the list together and sending it to me simple to get me off their back!?

[noomill060]

Have you made a complaint to the ICO?

[welshcakes]

Hi noomill

 

Yes, twice.

 

Barclays t/a Woolwich responded to first ICO complaint by ludicrously claiming they couldn't trace my account by the limited details then going on to ask me for account information, all of which I had supplied in my intial SAR (which they acknowledged). Their response was dated May 2007.

 

Ironically, their Defence states they sent list of charges as per my SAR back in March 2007 ... not only a contradiction but the list they're referring to was for my other unrelated account!

 

I have recently made a follow up complaint to the ICO but as yet have had no response.

 

Got a Directions hearing in approx 30 days. Adrian Rufflehead has agreed to refund all my costs (even though the Defence argued that I hadn't provided sufficient proof ie a breakdown).

 

I will be going to court as B's have breached DPA. Full stop, no excuses or compromise.

 

Any thoughts on whether it would be beneficial to send in a Draft Directions at this point:

 

 

The Claimant respectfully suggests that special Directions may be made as per the attached draft Order.

 

If ordered, the Claimant believes the proposed Directions will further the Overriding Objectives in that they satisfy the sole issue remaining in dispute and allow settlement to potentially be reached in advance of a full hearing and so dispense with the need to unnecessarily further burden the court’s time and attention.

- The crux upon which this claim rests is the continued absence of a list of transactions relating to the Claimant’s bank account held with the Defendant and the pursuant costs and damages (expenses incurred from seeking resolution).

 

- Since the Claimant has agreed that the monetary element (costs and damages) recently offered by the Defendant is acceptable, the sole issue remaining in order to satisfy this claim and permit Discontinuance, is the provision of the list of transactions requested in the Claimant’s Subject Access Request initially made 3rd November 2006 and on a continual basis since.

 

The Claimant believes that if the Defendant has the serious intention of defending this claim at trial as is indicated by its Defence, that it is incumbent on it to disclose the List of Transactions upon which its entire case relies. Pre-trial presentation of the full transaction list (in conjunction with the agreed monetary settlement) will enable the Claimant to give Notice of Discontinuance.

 

 

In the xxxxxxx County Court

Claim number xxxxxxxx

Between

xxxxxxxxx - Claimant

and

Barclays Bank Plc - Defendant

Draft Order for Directions

The Claimant shall within 14 days of service of this Order send to the Defendant and to the Court:

a) A copy of the Original Subject Access Request and copy of the Defendant’s acknowledgement of such;

b) Copies of any and all lists of transactions that have been received by the Claimant in response to her Subject Access Request referred to in a);

c) Copies of correspondence exchanged between parties confirming that monetary settlement of this claim has been agreed and the conditions under which agreement are reliant.

If the Claimant fails to comply with this order, the claim will be struck out without further Order.

2. The Defendant shall within 14 days thereafter send to the Defendant and to the Court:

a) Copies of any and all transactions lists which have been provided to the Claimant in response to and satisfying her Subject Access Request referred to in 1a).

If the Defendant fails to comply with this order, the Defence will be struck out without further Order.

[noomill060]

Dont worry, this wont see the inside of a court room. You must keep on at the ICO. Send a email to John.Squire@ico.gsi.gov.uk

 

He's in the Regulatory Action Division - the heavy mob. He's dealing with Woolwich (Part of Barclays) for me.

 

(Im also doing them for non-compliance as well! Same deal as with Barclaycard £200 + Court fee+ interest Court date set for 10 October. They have offered me £125 + court fee so far, no mention of missing statements though, so I'm just going to keep pushing. Ive nothing to lose, but they have)