Reclaiming bank charges- Barclaycard

zootsit81

Hi there

I recently wrote to Barclaycard asking for details of all charges over the last 6 years and included by £10 cheque . I have recieved a letter back , stating that all records prior to May 2004 are stored on Microfiche and that more than one customers details are stored together without reference to account number or name. They then state that "these records are not 'readily accessible' within the meaning of the Data Protection Act and do not fall within the class of documents to be produced pursuant to a subject access request".

As a result they have offered me access to these files through customer services at £3 per statement. Now I know 2001-2004 was the period I was charged extensively ( I hadn't yet had the epiphany of minimum payment by direct debit) as a result of frequent late payments.

They have include copies of my statements May 2004 to present, which contain £120 worth of penalty charges, but I'm sure there will be at least 4 times this amount during prior to 2004

has anyone come across this situation? At £3 a statement, its going to top £140 for the lot. I know I may be able to cliam it back, but its a lot of money to put down when success is not guaranteed. I dont hold any statements previous to 2004 .

By the way, they havent returned my cheque, It hasnt been cashed yet, but Im expecting it will be...

This just seems to be another prime example of the banks making unreasonable, unjustified charges their own benefit.

Any advice please??

oakdale_minx

This is also happening with Abbey customers at the moment. If you look on http://www.consumeractiongroup.co.uk you will be able to see other barclaycard user threads, I'm not claiming charges back from them, but I think there are others who are and have had the same problem.

rog2

Check with Information Commissioner (DPA) website. Sounds like a delaying tactic - of course information held on micro-fiche is subject to DPA. I do not know, however, whether they have the right to request additional charges for making this (YOUR) information available to you. It is not, after all, your fault that they have this information on a 'shared file' - why should you pay?

go4it

my experience of Barclaycard is that they are one of the few that will roll over backwards to refund charges. £3 a statement seems excessive, although I did my claim before TV news picked up on the issue so it could be a delay tactic. The Information Commisioner has a helpline (don't know the number) so I would call that.

Put it this way, late payment over limit charges are now £12. If you have been charged over that amount, you will get it back. Don't settle for an offer, the bank has broken the law and loads of people have claimed money back. Go to consumeractiongroup.co.uk, the best advice is there.

file_wizzard

Unfortunately their assessment of the type of data they have to provide to comply with a S.7 DPA request is correct.

See; Smith V Lloyds TSB

http://www.hmcourts-service.gov.uk/judgmentsfiles/j3127/smith-v-lloyds.htm

In the case of microfiche data this is defined as “unbundled” or “unsorted” data and therefore in compliance with the above ruling is not contained within their obligation to supply data under S7 of the act for the standard fee.

Sorry I cant be more positive, but Barclaycard are well known for this obstructive tactic.

zootsit81

Thanks for the advice. ive checked the consumer group action threads on barclay card and lots of people seem to be facing thi s problem. It looks like barclycard are arguing their case pretty hard.

I dont want to sound like Im wimping out, but do you think I should just claim from 2004 since I have the inf , and then try to claim for pre 2004 once someone has found a way to get around it? Or should I stick at it. It sounds like its getting quite complicated, in that theyre citing previous court cases in their defence. Im tempted to just claim for my £120 somthing while I can . ..

rog2

zootsit81 wrote:

Thanks for the advice. ive checked the consumer group action threads on barclay card and lots of people seem to be facing thi s problem. It looks like barclycard are arguing their case pretty hard.

I dont want to sound like Im wimping out, but do you think I should just claim from 2004 since I have the inf , and then try to claim for pre 2004 once someone has found a way to get around it? Or should I stick at it. It sounds like its getting quite complicated, in that theyre citing previous court cases in their defence. Im tempted to just claim for my £120 somthing while I can . ..

No - definitely not. Even if you claim back the £120.00, you should let them know that you still intend to pursue for pr 2004 charges.

file_wizzard

rog2 wrote:

No - definitely not. Even if you claim back the £120.00, you should let them know that you still intend to pursue for pr 2004 charges.

I agree, this is exactly what they want you to do, if you can subsidise the initial financial outlay until the full amount is returned then try your best to.

james32_uk

Cue banks everywhere panic buying Microfiche equipment