Crippla2k vs Barclaycard ***Charges Repaid***

[crippla2k]

SARN sent today will update everyone on how it goes!!!

[crippla2k]

quick update (for a laugh) they replied in 3 days!!! with a photocopy of terms and conditions and a letter stating they had fulfilled there obligations to me under the CCA 1974!!!

Sending off a non compliance letter!!

[slick132]

Just to make sure, I assume you did send the Subject access request requesting data under the DP Act with a £10 fee.....

.....and not a CCA request under CCA 1974 with a £1 fee.

[crippla2k]

i double checked to make sure it was the sarn with a £10

[the_shadow]

Nothing surprises me about this company... I've had envelopes that are empty or claim they are including something and nothing else sent.

You should complain direct to Barclaycard in the first instance and then if no joy the Information Commissioner`s Office.

S.

[slick132]

From what we're hearing about the Information Commissioner`s Office recently, if BC don't produce the data you require, I'd take the court route. The Information Commissioner`s Office may take months just to look at the case, let alone sort it.

Items 18 and 19 here - The Consumer Forums - bank charges templates (consumer)

Did you right to London or Northampton. The London HO address may be the "proper" address but quicker results seem to come from Nothants.

[crippla2k]

ive replied to barclaycard informing them they are non compliant and that they still have 31 days in which to Respond (time left on the SARN)

As they've got the time left, felt I've got to give them the full 40 days before I start a complaint!!

I sent it through to there Northants office

[crippla2k]

ok ive received statements up to 2003

question: if i cant get my statements from when my account was started can I estimate additional damages on an average basis??

Has anyone been able to get statements further back than 6 years?? If so how did you do it?? I'm going to complain to the Information Commissioner`s Office anyway, and try a lba to barclaycard, any suggestions people??

[slick132]

BC are not likely to supply data back beyond 6 years unless you get the Information Commissioner`s Office or a court to order them.

lba for non-compliance re the Subject access request would be worth a try.

[crippla2k]

thanks slick, ive sent it to them today, we'll see what happens!!

[crippla2k]

can i make a claim on the 6 years and then if I get my older statements a further claim again??

[havinastella]

Originally Posted by crippla2k

can i make a claim on the 6 years and then if I get my older statements a further claim again??

yes!

[crippla2k]

cool no need to delay then!!!

[crippla2k]

b/c have responded by saying they are only able to store data legally for 6 years due to the Data Protection Act 1988, meaning that they can only produce statements from 2003.

If I push it and try to get my older statements am I likely to get them?? Has anyone gone to court to get older statements?

[slick132]

Have you read this - The Consumer Forums - PollXT - We don't believe it! Please take part in the poll and help the Site nail the banks on this one.

they are only able to store data legally for 6 years due to the Data Protection Act 1988

Is this exactly what BC said to you. Please confirm their precise wording.

BC will probably be as helpful with older data as they are with producing credit agreements.

Maybe your best bet would be to claim your charges for the last 6 years but claim Contractual interest which will significantly increase the claim.

You'll have to file at court and produce a court bundle but you should be able to negotiate a settlement with BC just before a final court hearing.

[crippla2k]

ill scan the letter in and let everyone see

[mooiismum]

B/card have sent me a letter saying they don't have to provided anything and they quite within their rights! They are now threatenting court action!

MM

[the_shadow]

Originally Posted by mooiismum

B/card have sent me a letter saying they don't have to provided anything and they quite within their rights! They are now threatenting court action!

MM

You've not updated your thread MM

S.

[mooiismum]

Originally Posted by the_shadow

You've not updated your thread MM

S.

Thanks S
I've just posted on my thread.
MM

[crippla2k]

Scanner's not working here's the letter though verbatum

Acct # - xxxxxxxxxxxxxxxx
Data Protection Act - Subject access request

Dear Mr c2K,

Thank you for your recent letter (attached) requesting information from your account

Unfortunately we are unable to provide this information as we are only able to store data legally for six years due in part to the Data Protection Act 1998, Meaning at the moment we can only produce statements from August 2003.

For reference the statements snet to you prior to May 2004 are stored on microfiche, after this date the statements are stored electronically

I do apologise for any inconvenience this may cause

Yours Sincerely

Marc Bush

Barclaycad Customer Services