Barclaycard Microfiche..... Information Commisioner upholds complaints

Kurt_Hamster

I'm afraid there's nothing that can be done at the moment other than to get them a bollocking by the IC retrospectively.

At the moment the world and his wife is requesting statements form every bank in the UK, they simply can't keep up.

Likewise the IC is getting hammered by complaints because the banks can't keep up.

None of this actually helps you, but it explains the delay.

Add to that the fact that the banks know they are going to get complaints anyway so why bother rushing.

DuWolf

Would i be able to start a claim with the statements from 2004 onward with the intention of claiming prior 2004 when them statements finally arrive ..
Or start a claim and if they arrive amend my claim before or during the court action is filed?

Kurt_Hamster

It will cost you £35 to amend a claim and you can't claim that back.

Best to be patient. Get all your facts sorted then put in the claim.

There's no point in going off half cocked as it were.

m&folly

Hi

I received 1/2 my statements from Barclaycard just before the 40 day period was up. The remainder of my statements are on microfiche. I received a letter from Barclaycard stating that they will send my remaining statements (stored on microfiche) within 6 weeks or so and that statements are being processed in the order in which they have been received to seek to ensure fairness and that the Information Commissioner has been made aware of this. Is this just another delaying tactic? Should I send them another letter stating that as the 40 day period has now expired and asking for them to supply the statements within 7 days or are they within their right to keep delaying it for another month or so. If/when I eventually receive the statements - do I calculate the 6 years from when I receive all the statements or do I calculate them from when I sent my Data protection - subject access request letter?
Please please can somebody help me with these 2 queries.
many thanks

DuWolf

In the same boat bud , Check my thread

http://forums.moneysavingexpert.com/showthread.html?t=459893

Im slightly ahead of your claim but followed the tier an can only wait now.

The claim would be from the date you sent the first enquiry.

Kurt_Hamster

Microfiche records are still covered by the DPA so they are still supposed to provide them within the 40 days. Technically they will be in breach of the DPA by not supplying you all that you ask for, but in reality they are snowed under and can't get them out fast enough (plus the fact that it isn't in their best interest to be quick!).

As far as the 6 years goes, well it depends on what route to the money you are taking. If you are going the court route then the 6 years is from the date you issue your claim at court.

If you go the FO route it's 6 years from the date of your first complaint.

Technically it is 6 years from "today", but "today" has an annoying habit of moving. This is a perfect example of the definition of "Time", i.e. it's something that stops everything happening at once