foxxy27 v Barclays

[foxxy27]

hello everyone, ive sent my data request letter to my local branch of barclays addressed to the branch manager. I sent it on the 21st feb with the cheque for £10. still no reply, i know its only been 11 days but i phoned them to see if the letter had been received and was told they dont open mail at the branch and it would be forwarded to their leicester address. should i just wait a bit longer?

[maroondevo52]

Hi,

 

They have got 40 days to comply. Check if they have cashed your cheque. I sent one to Black Horse Finance about 38 days ago, they cashed my cheque weeks ago but I have still heard nothing.

 

Regards.

 

Scott.

[foxxy27]

hello got any advice for me?

[Glenn UK]

Foxy

 

The statutory time period begins when they receive it not when they decide to open it.

 

Its their problem if it takes them a few days to send it through to the data controller.

 

Stick to your time frame when the 40 days are up if you havent got your data take them to court/the ico.

 

HTH

 

Glenn

[foxxy27]

ok glenn, thanks for that, just a bit worried their going to say they never received the letter.

[Glenn UK]

I dont suppose you got a receipt for it did you?

 

In any case if you hand delivered it you can alwaus make a statement to that effect, plus when they cash your cheque, its obvious they have had it.

 

Post back over then next week or so when you know they have/havent cashed the cheque and let us know how it goes.

 

Glenn

[foxxy27]

hi glenn, i posted it didnt hand deliver. the cheque hasnt been cashed yet, so maybe im just being a bit impatient.

[Glenn UK]

Sorry i misunderstood thought you hand delivered it.

 

Dont worry im sure they would have received it and they will cash your cheque.

 

For future reference make sure you send stuff recorded and that way you know when it was delivered.

 

Glenn

[foxxy27]

hello,

just wanted to ask what address everyone has been sending their data request letter to? I sent mine to my local branch 11 days ago, phoned to check if it had been recieved and was told they dont open mail there and it would be forwarded to leicester address. anyone else had this problem?

[Michael Browne]

Don't worry. Leicester is Barclays central clearing. It will be re-directed via internal mail.

 

Barclays Data Protection

Radbroke Hall

Knutsford

Cheshire

WA16 9EU

[foxxy27]

thanks for that, youve put my mind at rest was worrying that theyd say they never received it

[Trucker]

thanks for that, youve put my mind at rest was worrying that theyd say they never received it

 

Foxy

 

Always send your mail recorded delivery. That way they can't say they never recieved it as you will have proof of a signature

 

Trucker

[foxxy27]

hi all,

after 20 days i received a reply from barclays to my dpa request letter, they sent it with my cheque for £10 enclosed, but im not too sure what any of it actually means. can anybody tell me what i should do now? heres what the letter says:

 

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 this will be supplied to you within the next few weeks without charge on this occasion. we would advise however that statement information prior to 2000 is stored manually rather than on computer. therefore if your account was opened prior to this time there may be an increase in the time required to collate the information you have requested. i apologise in advance should this delay be the cause of any inconvenience to you.

 

as regards your mention of manual intervention, the dpa does not oblige the bank to comment about internal policies and procedures. furthermore in the context of managing day to day transactions arising from out of order accounts, the bank does not hold the information you have requsted 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.

as the bank is providing the copy statements on a complimentary basis your payment is returned herewith.

 

Please can anybody tell me what i should do now?

[oz4725]

Do nothing!!!

 

You have received a bog standard reply. I'm guessing that you have asked them for all info on you and that you have asked them to give you a list of charges that they have applied to your account and records of any human intervention. They WILL provide all the info that they have on you which is their obligation under DPA but they wont provide a list of charges, or records of human intervention as they dont have to do this.

 

Hopefully you sent this request by recorded/special post. they have 40 days to comply from the day they received the letter. (A letter is deemed as received 2 days after posting). Barclays from my expierience are good at sending this info in the time frame allowed.

 

Get your head round the forum in the mean time and read FAQs. When you receive all the info you requested you will need to go thru' it all and input all charges onto a spreadsheet and stat sending them the relevent letters. DO NOT do this until you have a decent grasp of this forum and the procedures.

 

Its common for Barclays to waive the £10 fee they are entitled to under the DPA.

 

Dont worry there's nothing untoward in your post and good luck.

[Glenn UK]

you must respond to this as they have refused you subject access request, if you don't they wont respond further and you wont have any lawful reason to complain.

 

did you use the subject access request from the template library?

 

they have been experiencing problems with complying with the statutory 40 days and this i suspect is a tactic to avoid litigation.

 

they were stating that the ICO has allowed them a further 28 days, however, the ICO does not have the power to do this, the DPA doesn't give it to them.

 

Therefore if you want to make sure you get your data then write back to them saying thanks a lot i want you to treat this as a subject access request and you now have xx days to respond, enclose the cheque, if they don't pay it and send it back with another letter the same, you then write back and say thanks but not thanks and heres the cheque and you now have a few less days.

 

if they don't provide the data within eh 40 days you well then have a claim which you can take to court or complain to the ICO.

 

If you don't then those options wont be open to you and you will have to either wait or resubmit you SAR and give them another 40 days.

 

HTH

 

Glenn

[foxxy27]

hi glenn and oz

 

now im really confused, ive got 2 replies which say to do the opposite of each other. i did use the template from this site and i have been reading other threads on the barclays forum and found out that a few other people have also recvd the same letter i did. So is it a bog standard reply or a refusal??

[Glenn UK]

Foxxy it doesn't matter whether its a bog standard reply its the content that is important.

 

They have sent your cheque back and they have offered to send you statements within the next few weeks.

 

this has taken them 20 days to do and they only have 40 days for compliance with the Data protection act.

 

The choice is your but you cannot complain to the ICO or take a claim to court unless you have served a valid SAR and paid the fee.

 

Abbey national used a similar technique and there is a sticky in the abbey thread they used a slightly different argument but the affect is the same, they reject your SAR and if you don't respond they will make it difficult or impossible to get your data.

 

Go look in the abbey forum.

 

HTH

 

Glenn

[foxxy27]

hi glenn,

 

ok i'll do that then, ive been lookin around the site loads im still new to this and just want to make sure i do everything right. i'll have a look in the abbey site. thanks for your help. tara

[foxxy27]

hi again glenn,

i dont suppose you can give me a rough idea of what to write in this second letter. i understand that its another sar but want to get the wording right, is there a template for the letter?

[Glenn UK]

basically you write back and say something along the lines of

 

Thanks for your letter dated the xx/xx/xx the contents of which are noted.

 

With regards to my original Subject access request dated xx/xx/xx you will note that it was properly served along with the fee required by statute.

 

You are therefore obliged to comply with the Subject Access request and you now have xx days left for compliance.

 

I have returned the original fee and would be obliged if you will provide all of the require information within the time frame allowed by the statue.

 

Something like that

 

Glenn

[foxxy27]

hi

thanks for that, been reading through the abbey thread and noticed that your a bit of an expert at this!

hope you dont mind if i use your letter above, will it be enough im going to type it and send it tomorrow.

i really appreciate your help, sorry if i seem a bit stupid but im new to all this and even though ive read loads of threads and the faqs i still dont really know exactly what im doing! i do understand however that the banks know exactly what there doing and if i make a mistake i wont get my money back, thats why i want to make sure before i do anything. hope you dont mind tara

[Glenn UK]

Foxxy

 

i wouldn't claim to be an expert but i have spent a little time looking into the DPA and Subject access request stuff and I'm certain this is a delaying tactic.

 

A while ago Barclay's were telling claimants that the ICO had given them another 28 days on top of the statutory 40 day period allowed under the act.

 

The neglected to tell people that the ico hadn't allowed them any more time because they don't have the power to!

 

I'm not sure exactly what the ico said to them all i know is the act makes no provision for extensions as far as i can tell and my contacts at the ico were surprised at the 28 day claim.

 

best of luck and use any of my letters/posts if they help

 

Glenn

[oneofakind]

Hi Foxy,

I received my printouts last week, 35 days after I sent Barclays the standard DPA letter from the library. If they're stalling, remind them that you MUST receive this information within the original 40 day window.

 

don't worry about all the 'manual intervention' stuff; that's just you giving them a chance to justify their charges.

 

give them 30 days from your original letter, then send a firm reminder, as suggested above.

 

If they DON'T reply within the original 40 days, it opens them up to major problems, so I suspect you'll get your info in time.

 

Best,

 

D.

[foxxy27]

hi oneofakind,

 

thanks for your post, any information and help is gratefully received. and hearing that barclays do actually give you the printouts is good to hear.

thanks

[foxxy27]

hello all,

 

I received my statements from barclays today, ive been through them all from 2001 to now. I had a few charges in 2001 but then apparantly none until 2004. Im sure this isnt right. is there any other way i can check this, i dont have online statements for then.