Barclaycard (was Goldfish, was Morgan Stanley...)

[kittycash]

Hi again folks,

Thanks for your help on my other thread regarding Black Horse. I wondered if I could tap your knowledge for another query of mine.

My partner has a Barclaycard credit card. He does not pay PPI on it now but certainly did previously. Last night he called Barclaycard up to enquire about re-claiming this PPI as he believes he was mis-sold it years ago. The Barclaycard call center person was very rude, practically called him a liar on the phone, and told him he had no chance! Anyway, I digress. This 'customer service' person told my partner that he had paid PPI between 2006-2009, however, we believe that he had been paying PPI for many years prior to this. I wondered whether we were told this as 2003 is 6 years ago and perhaps they are claiming to only have records beginning then. However, this may not be the case. The credit card was formally a Morgan Stanley card, then it became a Goldfish card before changing to Barclaycard.

I'm a bit stuck as to how to progress with this. Should we go back to Barclaycard and ask for more information about when their records begin? Would they have information pertaining to the account when it was Goldfish? Can we only claim for the period they specify even though we are 99% sure PPI was paid before pre-2006?

Once again, any further information will be gratefully received!

K.

[di30]

Re: Barclaycard (was Goldfish, was Morgan Stanley...)

Hi

Maybe he could fire off a Subject Access Template letter in order for the data dept to send details of all accounts he taken out with them, remember to enclose the account number and enclose the one off payment of £10 cheque or postal order, also they have up to 40 calendar days to comply.

SAR template letter below. Good luck.

YOUR ADDRESS
YOUR POST TOWN
YOUR POSTCODE

BANKS NAME
BANKS ADDRESS
BANKS POSTCODE

Date

Account No: XXXXXXXX Sort Code: XX XX XX

Dear Sir/Madam

Please send me all data that your company holds relating to my entire account history. Please include details of all transactions, and a copy of the original contract by which this account is/was governed at the time it was opened including all amendments made to the contract terms since opening the account.

I would also like a schedule of all charges & interest applied to my account(s) including details of any instances that required manual intervention. If you are unable to provide this specific information, copy statements will suffice.


All data, including data held on a microfiche must be provided within a reasonable timescale, a maximum of 40 days.


In light of all the recent publicity regards the reclaiming of bank charges, some Banks appear to now only be providing a breakdown of charges in response to all and any Data requests. For the avoidance of doubt I do actually require all information held by yourselves.

It seems a lot of banks are also wrongly interpreting the Data Protection Act (DPA) 1998 as a requirement to only disclose six years worth of personal data, and this is also wholly wrong. The DPA clearly states that all information held must be disclosed and it has no correlation to the Limitation act 1980 at all. If you no longer hold data beyond 6 years however, I would like a signed declaration from your data controller and a copy of all documents pertaining to its proper disposal.

Whilst not exhaustive and for the avoidance of doubt I shall list what I require:

* Full copies of all contracts that exist between myself and your organisation; including copies of any documents you hold in support of same.

* Copies of all statements relating to the above accounts.

* Copies of all correspondence, including all letters, faxes, emails and memos sent and received between ourselves, and any other third party in relation to any of the above accounts.

* Copies of any telephone recordings and/or transcripts of these recordings as well as any logs or journals that relate to them.

* Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

* Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.

* Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.

*Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party.

* Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, reason for deletion, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

I enclose the maximum statutory fee of £10.

You have 40 days to comply with this request.

If you fail to comply fully I shall enter a formal complaint with the Information Commissioners Office which could result in a fine and prosecution.




Yours faithfully,



Your name

[kittycash]

Re: Barclaycard (was Goldfish, was Morgan Stanley...)

Thanks Di - will give it a go. They are being most unhelpful when we call to speak to them!

k.

[di30]

Re: Barclaycard (was Goldfish, was Morgan Stanley...)

The best of luck, let us know how you get on, cheers.