request error - data request denied!

jaydizzy

Hi all,

I started the ball rolling asking for all statements/charges/manual intervention on my file and so far natwest have replied full cooperating but...

Barclaycard have only provided me with the following statements from May 2004 (I opened my account around December 2000)

"Statements held prior to May 2004 are stored on Microfiche, Statements are copied onto the Microfiche in date order and more than one customer statement may be held on an individual film of microfiche. "readily accessible" within the meaning of the Data Protection Act. These statements are therefore not retained in a relevant filing system and therefore do not fall within the class of documents to be produced pursuant to a subject access request. They can be obtained from our Customer Services Dept at a cost of £3/statement."

Is this legal?!

as it stands i can claim for around £100, but i'm sure i have a few charges before this date, so is it worth pursuing for all previous or just the current ones? thank you all in advance.

MPH80

Yes - it's perfect legal. The DPA only covers information held in a filing system which has a good enough index. E.g. they can go straight to your information.

Microfiche doesn't come under that.

M.

oldfella

well the information commissioner recently found against Abbey so I dont think Barclaycard will say this much longer ..
from consumeractiongroup.co.uk ..

"The Information Commissioner has conducted an investigation and has decided that Abbey is breaching its statutory obligations.
The Abbey microfiche system is a "relevant filing system".

Mike