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LPF littlewoods (barclays credit card)

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I asked LPF for statements dating back to 2000, i sent the data protection act letter and sent in £10, they replied saying they only have information stored from may 2004 which they sent me, if i want further copies dating back to 2000 it will cost me £3 per statement as statements are stored on microfiche and doesnt fall under the data protection act 1998.....i sent the microfiche letter and this was the reply , ..."Your refernce to the case of Smith-v-Lloyds Bank PLC (2005) EWHC 246 (Ch) is puzzling in this regard as that case fully supports Barclaycards position. In that case Mr Smith made a subject access request to. Lloyds did not disclose all the documents that it held as it took the position that a number of documents held loosely in boxes were not contained in a relevant filing system and therefore were not required to be produced. Mr Justice Laddie agreed with Lloyds and dismissed the court application of Mr Smith to have the documents produced. As with a box of documents the copy statements held by Barclaycard on microfiche are not held in a relevant filing system ..... the letter also says As barclaycard cannot produce print outs of transaction information prior to May 2004 from computer they do not understand what i am referring to in this regard ....then they repeat its previous statement about not supplying the statements i require unless i pay £3 per copy etc etc .....helppppppppppp....im going insane !!

Comments

  • Astaroth
    Astaroth Posts: 5,444 Forumite
    Ahhh... the joys of trying to argue legal terminology when you dont understand it :)

    The data protection act only applies to certain types of records and not the "everything ever" that some people seem to think.

    It would appear from their letter back that the case law you quoted supported their case rather than your own. If you want to query this then you would need to read a copy of the case law and reply highlighting the sections in the summary by Laddie of why they should have to release it under the DPA - or quote further case law which over turns the above cases decision
    All posts made are simply my own opinions and are neither professional advice nor the opinions of my employers
    No Advertising or Links in Signatures by Site Rules - MSE Forum Team 2
  • thanks for the reply.....the thing is...i cant afford to send them £3 per statement, so it seems i have stop trying to get my money back from them!!!...
  • In the Smith v Lloyds case the presiding judge re-affirmed the distinction between “automatic” and “manual” data.

    In your case it would appear that you are requesting microfiche data, and for the purposes of this exercise it would be considered as “unstructured data” and therefore will not be subject to the provisions of S.7 of the DPA under the terms of this ruling.

    The sooner this is challenged in a higher court and overruled the better.

    However, unfortunately for you the only way of obtaining the data at present will be to pay the sum requested, and look to include it within your final claim
    :rolleyes: It’s hard enough remembering my opinions - without remembering my reasons for them :rolleyes:
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