Saddler10's partner vs Barclays

[saddler10]

I am currently at an advanced stage with my own claim against A&L, decided to start a thread for my partner's barclays account after a conversation she had with them a few days ago. She phoned to ask if they would refund charges as they were directly contributing to her exceeding over the overdraft limit on her account. They refused (as expected) so my partner asked what address she should send a DPA request to. (We knew contact addresses were on these forums, but just wanted to know what their reaction was!). After about a four minute wait, the lady returned and said she had faxed the relevant department who would call my partner later on.

There was no call but she then received a letter saying the information will be sent in a few days. No £10.00 charge.

The letter was from Sharon Caffery, Subject Access Manager.

 

Will post update when information arrives.

 

cheers, Paul

[Guest Lueeze]

Good Luck!

 

Lou xxx

[saddler10]

OK, when my partner was told DPA information was on the way with no £10.00 charge I was suspicious. (How shocking, not trusting a bank!). Today a package was delivered by DHL. Firstly, my partner's surname was spelt incorrectly, my next thought was how small the package was for 6 years worth of information. Well, after checking the contents what we have is pages and pages of nonsense with no mention of charges whatsoever. Here is the letter that was included. (Our comments in brackets)

 

Dear xxxxxx

 

DATA PROTECTION ACT- "PERSONAL DATA"

 

Further to your interest in the above, please find enclosed reports taken from the Bank's main computer systems. In summary form, these provide details of most, possibly all currently recorded personal data that relates to you.

 

The reports are provided free of charge and serve to illustrate the type of information that is recoverable through a formal data subject access request; I hope they will be satisfactory for your purposes. (NO THEY WON'T!) If they are not, and you require me to search for any additional qualifying personal data that the bank may be holding, please indicate your further requirements in writing and provide remittance in the sum of £10 payable to Barclays plc. Please also advise your purpose in exercising you right of access.(BECAUSE WE CAN!) Any additional qualifying personal data that can be located will be provided to you promptly and in any event within the stipulated 40 calendar-day maximum period.

 

In the event that any inaccuracies come to light within the reports, please contact a local Barclays branch where facilities exist to make any appropriate amendments. (NO, IN THIS EVENT WE WILL CONTACT THE INFORMATION COMMISSIONER!)

 

Yours sincerely

SHARON CAFFERY

SUBJECT ACCESS MANAGER

[saddler10]

DPA request sent by my partner today. Will update you all with progress.

cheers, Paul

[saddler10]

Hi, the following letter received today, any comments appreciated, as some of their communications seem very contradictory.

 

Dear...............

 

data protection act

 

I refer to your letter of 22 May, which was passed to me for comment due to your request for certain information under the terms of Data Protection Act (the "DPA").

 

Please be aware that the Bank is not under an obligation to present information according to any particular format. Therefore, your request to assemble a schedule of charges is turned aside. You may of course obtain this data from copy statements and these will be supplied to you shortly without charge on this occasion. As the bank is providing the copy statements on a complimentary basis your cheque is returned herewith. (ACTUALLY, IT WAS A POSTAL ORDER MADE OUT TO BARCLAYS, NOT MUCH USE TO US!!!)

 

As regards your mention of "manual intervention", the DPA does not oblige the bank to comment about internal policies and procedures. Further more, in the context of managing day to day transactions arising from out of order accounts, the bank does not hold the information you have requested in a form that would be covered by the DPA. Whilst aggregated information is retained for statistical purposes, this would not constitute "personal data" under the DPA and therefore would not be covered by a s.7 DPA subject access request. For the avoidance of doubt, the fact that we do not generally record information in a way that is caught by the provisions of the DPA, is in no way an admission that there was no such manual intervention.

 

Notwithstanding the above, the bank is of course entirely willing to supply the general information that should be disclosed due to the DPA. To initiate the process Barclays will require payment of a £10 fee per individual which should be provided by cheque, payable to Barclays plc, directly to this department . Upon payment of the fee(s) the relevant information will be supplied as promptly as possible.

 

Yours sincerely

Peter Townsend

Manager, Barclays Data Protection

 

Some initial thoughts:

Yes, we can get the info on charges from copy statements.

They have returned our £10 and are providing statements free of charge. With no £10 fee, does that mean this is not covered by DPA and they can take as long as they like to send info?

The last paragraph, they received £10 from us, why not provide this info?

Stalling tactic?

[Seminole]

Some initial thoughts:

Yes, we can get the info on charges from copy statements.

They have returned our £10 and are providing statements free of charge. With no £10 fee, does that mean this is not covered by DPA and they can take as long as they like to send info?

The last paragraph, they received £10 from us, why not provide this info?

Stalling tactic?

 

Yes, they can take as long as they like. Also you need to get the details of manual interventions.

 

This is all delaying tactics. Send them the DPA letter again with the £10. If you sent the original letter recorded delivery I would tell them in no uncertain terms that they are required to comply within 40 days of receipt of that letter. You should also tell them that they should include transaction data with what they send you as you believe that it is covered by the Subject Access Request.

 

If they fail to comply, have a look at the threads (particularly in the FAQ and Abbey forums) about seeking a mandatory injunction for compliance. I am in the middle of doing this with Abbey at the moment.

[saddler10]

Thanks for the quick reply seminole, the following letter will be going by recorded delivery tomorrow.

 

Peter Townsend

Data Protection

Radbroke Hall

Knutsford

Cheshire

WA16 9EU

 

27/5/6

 

Data Protection Act disclosure request

 

Dear Mr Townsend

 

Account Number:xxxxxxxxxxx

 

I am in receipt of your letter dated 23/5/06, outlining your obligations under the Data Protection Act.

 

In reference to the final paragraph of your letter, as you have already received my request AND PAYMENT ON THE 23RD May 2006 you have 40 days from this date in which to comply. The payment that you returned is again enclosed on this occasion.

 

All transaction data should be included with the information you send as I believe this is covered by the Subject Access Request.

 

Should there be any further attempts to delay compliance, I will have no hesitation in reporting this matter to the Information Commissioner.

 

 

Yours sincerely

[NeilP]

Well Done for keeping at them. Too many people i believe cave in too quickly or don't even bother in the first place.

 

Keep us posted.

[saddler10]

Update; More information received from Barclays a couple of days ago, but still no sign of the copy statements. DPA deadline has just expired.

 

Paul

[saddler10]

Right then, letter below to be sent to Barclays, from templates library, slightly adjusted. Any thoughts/comments?

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 22/5/6. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

The information received on 30/6/6 contains statement information dating back to 2004. My original request was for transactions and charges relating to my account dating back to 22/5/2001, a period of 6 years as allowed by The Limitation Act 1980. Your letter of 23/5/6 stated that copy statements would be provided shortly, this was repeated in your letter dated 1/6/6.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

[saddler10]

Hi all, a bit of a delay sending the above letter, but posted on the 14th (slightly ammended) and today all the statements arrived. Looks like they didn't fancy county court! Preliminary request ready to go in the next couple of days.

[saddler10]

Preliminary request posted today for £760.00. Will update with progress.

 

Paul

[saddler10]

Hi, not been on the forums for a bit, so just updating on this and other claims. We're at the LBA stage with this one, which expires tomorrow.

Today my partner received a partial offer, which she is not going to accept. The only thing to decide is whether to write to them declining their offer, or just press on with moneyclaim.

 

Paul

[saddler10]

After a delay due to LBA being lost by Royal Mail, Moneyclaim started today, hopefully another result very soon!

 

Paul

[saddler10]

Notice of issue received from court, deemed to be served on 1st October, the defendant has until 15th October to reply.

 

Paul

[saddler10]

Just been on Moneyclaim, Barclays have acknowledged on the 13th, guess we'll have confirmation by post from the court. They now have until 29/10 to enter their defence.

 

Paul

[saddler10]

Hi, just a quick update, about to send AQ for this claim after reading through some threads to clarify a few things. Defence received from Barclay's appears to be exactly the same as others have received.

 

Paul

[saddler10]

Hi, Allocation questionaire delivered on Thursday (16/11). Now waiting for court hearing date!

 

Paul

[saddler10]

Hi all, after what seems like a very long time, and with court date due on 22/3, Barclays have settled, even though we refused their confidentiality clause.

 

Paul

[oneofakind]

Oh, WELL DONE! :D

 

gives me hope to carry on.

Prelim letter going off tomorrow....

 

D.

[saddler10]

Thanks Oneofakind. Go for it, Barclays have really dragged this out but worthwile in the end!

 

cheers, Paul

[saddler10]

This topic was closed on 10 March 2019.

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