Partial Response to SAR

[middenmess]

Sent one of the CAG template letters [with a few amendments] to Barclays PLC for Subject access request
I specified my 2 CC's and also my defunt-by 3 years-business banking account but made it abundantly clear that I required ALL info* that they hold on me by saying...

In summary I require a full disclosure of all the personal data that your company holds on me including and not limited to:-
All account information,loan information,contracts,agr eements,notes.screenshots ,internal correspondance,telephone recordings and any related notes or transcripts,wherever held within the group regardless of the media,form or format in which it is held

I received 6 years of statements for ONE credit card and a brief letter..

Further to your recent request for personal information held by Barclaycard,please find enclosed a copy of the card statements you have requested.
This information we have enclosed relating to this account is all that we hold.

So advice please

1. Do I chase Barclays or Barclaycard for everything else that I asked for after the 40 days is up next Monday the 29th June or do I let them stew for a while?
2. Do I use these statements to make a claim for all of the late charges applied to this one account [£350] or wait until I can obtained the statements for the other credit card to make just the one claim. If the advice is to make a claim is there a set way of laying it out for them in a simple fashion as they seem to have comprehension difficulties and is adding on simple interest at 8% the way to go or would the additional grief of trying for compound interest on this sum be worth it?
3. Is their statement ''This information we have enclosed relating to this account is all that we hold '' a legally or otherwise binding admission that they do not have a copy of the original credit card agreement ?[taken out in mid 1990's]
4. As the envelope in which the 70 plus sheets of A4 came in was damaged [photos taken!] and not fit for purpose to whom do I complain?

*Several insurance policies for example

[slick132]

Hi Middenmess,

The Subject access request only concerns data for you as an individual not for your business.

1. See items 18 and 19 here if they've failed to produce what you require or expect - The Consumer Forums - bank charges templates (consumer)

2. You could make one claim to cover any number of credit cards with the Barclays Group and a separate claim to cover any personal Barclays Bank a/c's.

With the credit cards, BC will repay charges quickly and with little fuss without you even having to file a claim at court. However, if you seek the higher rate of interest or you claim more than 6 years of charges they'll refuse to pay and you will have to use the courts.

A separate claim should be made for bank charges. They won't agree to pay these and, when you file at court, the case will be Stayed until the OFT Case is resolved.

3. Although you may use this statement against B's to show they are not trying too hard to comply with their obligations, I doubt the statement is binding at all if they later produce a valid credit agreement.

4. The office that sent out your data or the Information Commissioner`s Office.

[middenmess]

Originally Posted by slick132

Hi Middenmess,

The Subject access request only concerns data for you as an individual not for your business.

1. See items 18 and 19 here if they've failed to produce what you require or expect - The Consumer Forums - bank charges templates (consumer)

2. You could make one claim to cover any number of credit cards with the Barclays Group and a separate claim to cover any personal Barclays Bank a/c's.

With the credit cards, BC will repay charges quickly and with little fuss without you even having to file a claim at court. However, if you seek the higher rate of interest or you claim more than 6 years of charges they'll refuse to pay and you will have to use the courts.

A separate claim should be made for bank charges. They won't agree to pay these and, when you file at court, the case will be Stayed until the OFT Case is resolved.

3. Although you may use this statement against B's to show they are not trying too hard to comply with their obligations, I doubt the statement is binding at all if they later produce a valid credit agreement.

4. The office that sent out your data or the Information Commissioner`s Office.

Thanks for your reply,Slick.

Not sure how to obtain my Bank statements if they don't come under a Subject access request-can you suggest what I should do please to obtain them?

1. Will peruse CAG templates
2. Will have to obtain other credit card statements first before I can combine claim and as this is looking likely to take a while with them does the 6 year window date from the date that you actually inform Barclays that you wish to have them reimbursed or from the date that you originally made the Subject Access Request as the £20 charges will 'drop off' as each month goes by. Will go with hopefully grief free simple interest.
3. As I thought but hoped otherwise!!
4. Thanks --will complain tomorrow about that.

I really thought that as I am still current and up to date with my payments that I would have received a responsible reply to my Subject Access Request but they do seem to be on a mission to p*** off as many of their customers as possible!

I guess that a CCA is now in order?

[WebMaster]

I had a partial compliance on a Subject access request from them a couple of days ago too (I have a thread in this forum). Same problem as you - only 6 years worth.

I've written to them asking them to confirm that they don't hold over 6 years on microfilm/microfince. If you browse this forum, you'll find quite a lot of evidence so suggest otherwise

[middenmess]

Hi Webmaster-will be chasing if nothing else arrives by Monday which is the 40th day.

I've read many threads and have been made aware that you are unable to use the words honest and transparent when referring or dealing with the banking and credit card industry.

The problem is that we have all [well my age group anyway!] been bought up to believe that our banks and the credit industry have always been paragons of society and that they always had our best interests at heart.
Even when I had to pay large fees for my 'errors' when conducting my financial affairs I still accepted that they were dealing with me in a honest and accountable manner which was beyond reproach.

This mind set has been severely altered in recent times!

[slick132]

Hi MM,

It's very sad but we now realise these institutions, that we trusted without question, are prepared to do or say almost anything to protect their own interests.

A Subject access request will work for any personal a/c's but not a business one.

As it is (or was) a business, surely you are keeping records (such as bank statements) for the minimum 6 years anyway. If you require further statements from the bank, you may have to negotiate a fee for them to be supplied. Best done in your branch.

Re the CCard claims, you will probably be able to get quick repayment of all penalty charges in the 6 years from when you reclaim them.

If you come to deal with specific queries on the various a/c's, can you start a new thread for each claim, so they don't get confused. Use this thread for one BC a/c and then start new ones as required.

There's also a business claims forum which d/w bus's a/c's and, if you have a personal a/c, start a thread for this in the Barclays forum.

[middenmess]

Thanks Slick-- will do.

[middenmess]

Oops!!--posted too soon as by Recorded delivery in a nice padded envelope I today received around 70 computer print out folding sheets and a couple of copies of letters sent to me about this and that but just for the same account that I have posted about: The one that they had no more records of!

BUT

Of more interest they have sent me a copy of the agreement from 1993

Not the most legible of documents--copied from Micro Filche I presume--but still the original!!!--aren't I lucky-LOL

I'll remove personal details and upload later for your inspection and comments!

[middenmess]

Herewith images of my ''agreement''

http://photo-hosting.winsoftmagic.com/1/eyuq21iud8.jpg

http://photo-hosting.winsoftmagic.com/1/u8jyg568cj.jpg

http://photo-hosting.winsoftmagic.com/1/v8h0kruqi8.jpg


Images 2 and 3 are same size as I received. Image 1 I have put up just to show that is a blow-up from a microfilce

Under 'Credit Agreement' the virtually illegible writing can partially be made out to read --with a magnifying glass!-- to read along the lines of

'Please issue me with a Barclaycard.......I authorise you to make credit inquiries'

No terms or conditions or rates of interest can be seen anywhere.

Beneath the 'Applicant's signature' box is the 'Your Right To Cancel' box which reads..

'Once you have signed this ageement,you will have for a short time a right to cancel it. Exact details of how and when you can do this will be sent to you by post by the Bank'

My second initial appears to have been typed onto this form incorrectly and has been manually altered.

This is an 'Application' and is so headed.

Possibly a postal application as the borders are marked 'Moisten And Seal' but they would appear to be in an 'unmoistend' condition.

I also received a microfilce copy of the 'Additional Cards Request Form' for my OH also possibly dated as 1993.

This package of items sent by Recorded Delivery was accompanied by a covering letter which ended

''Kind Regards'' **** ***** Head of Privacy and Data Protection

which I must say is much more customer friendly and courteous than the other unsuitable for purpose and damaged envelope containing my statements which was covered by a letter from Customer services and ended 'Yours sincerely'

So comments and observations please and suggestions as to how to proceed.

[slick132]

Hi MM,

From here on, please use this thread for the BC account only.

Here's a great guide to checking credit agreements - http://www.consumeractiongroup.co.uk...greements.html

If that doesn't help you decide for sure if the agreement's enforceable or not, we can get it checked over.

[middenmess]

As far as I understand by reading around the site,this 'Application' can not be considered to be an enforceable document.

Before taking it further should I send a CAA request to them to see if they have anything other than this application in relation to the account?

[slick132]

Hi MM,

I'm stunned that you received this Agreement/Application in response to a Subject access request - I can't think of another BC case where this has happened recently.

You'll get nothing else from them, and certainly not with a CCA request.

What do you want to achieve with this a/c.

Have you quantified the exact amount of penalty charges and interest on this a/c which you can reclaim to reduce the a/c balance.

[middenmess]

You're stunned--but I'm not that surprised,I'm just a lucky sort of guy!!-LOL [and they sent the copy of the application for an additional card holder from later in the same year!]

[I was going to do Bankfodders bank date info poll but he only went back as far as 1995 on it!]

But they didn't send me any info on my other Barclay card as I had requested so the Subject access request is woefully incomplete.

As my ultimate aim now should be to challenge the enforceability of this 'Application/Agreement' do I chase 'Miss Kind Regards' for more info as part of the Subject access request or do I adopt another tact?--[but I'm mindful that if they have this copy of the application would they have more tucked away somewhere?]

Worked out late payment fees to be around £350 and then 8% interest of around £100 or so.

There was one point that troubled me about the copy of the application form that they sent me---the handwriting is mine but I wouldn't have typed my name and address at top left -especially with an incorrect initial-and closer inspection would suggest that that text block has been pasted in at a later time;it cuts into the 'P' of 'PH25/3' at top edge right and is Persil white!

Viewing the gooblygook that was the myriad sheets of computer printout I did at least discover that I was catergorised as 'Low Risk!'

[slick132]

You should certainly chase BC for the missing data. There are templates for this in the BankTemplates Library.

Start a new thread to discuss the 2nd account when you need.

[bazaar]

Hi MM
On your first shhet posted, is that a 'Y' on the payment protection plan?
Did they charge you for this, if so, consider claiming it all back as missold.

[middenmess]

Originally Posted by bazaar

Hi MM
On your first shhet posted, is that a 'Y' on the payment protection plan?
Did they charge you for this, if so, consider claiming it all back as missold.

Hi Bazaar-I'm one of the few that have actually benefited from having PPI having made several successful claims when I had health problems a few years ago [Self employed as well!]

I have a related thread at
http://www.consumeractiongroup.co.uk...-claiming.html

[middenmess]

Today package number three arrived this time with statements of my mastercard account.

As Barclay's have in no way fully complied with my Subject access request within the now expired 40 days I have drafted a letter to them, the first page of which briefly details and reminds them of what I have received so far.

~

Can caggers please read through the brief second page which I have at the moment headed as 'Requests' and advise as to it's suitability and/or it's completeness and whether I should add or subtract from it.

Should I include this second page into the template number 2
letter before action
Section 7 – Data Protection Act 1998

fromthis site's

Data Protection Act - Non-Compliance - Template Letters

Requests

• As the 40 day compliance period has now passed and a number of my demands made under my Subject access request have not been addressed,can you as Head of Privacy and Data Protection affirm that Barclays PLC hold no further information/data on me.
• If you so affirm,I will require the full audited details as to how and why this 'missing' information/data has been disposed of under the Data Protection Act along with copies of the relevant logs.
• If you are unable to so affirm,I will give Barclays PLC a further 7 days to supply me with all of my data I made application for under my Subject Access Request received by Barclays PLC on xxxx 2009.
• An explanation as to why,after stating that no more information is held on a particular account, more data is received some days later under separate cover.
• The reason why confidential data requested under a Subject Access Request was despatched in a flimsy envelope so totally unsuited for that purpose that it it arrives split and torn with parts of the enclosed matter being plainly visible.
• The reasoning behind Barclays PLC decision to send out my requested data in multiple postings rather than all together as one consignment and the reasoning behind not keeping the requester informed of that decision,in that their data would be sent out in a piecemeal fashion over a number of days.

[slick132]

Hi MM,

It looks fine but the last para seems a bit petty IMHO. It's maybe reasonable to send out data in batches if it relates to different a/c's.

[middenmess]

Hi Slick-thanks for looking in.

Yes it is probably a little petty but as not all of the data concerning the visa account has yet been received there exists the possibility that several more packages could yet be sent.
How is one to know as to when Barclays have finished sending information?

Package one contained details of my visa card and said that this is all the info that we have on this account.

Package two contained more details of the same visa card account [inc. the application] and also said this is all the info that we have on this account

Package three contained statements of my m/card and also said that this is all the info that we have on this account.

[slick132]

I take your point and, in the grand scheme of things, what you say will make little difference.

We've had cases here where they've supplied the same data for an a/c over 5 times in the past.