Anybody Fancy Some Fun ?

[alanfromderby]

This is potentially the most damaging action, as it will put the bank at risk of having to provide information that they otherwise would would not wish to supply.

 

Should you obtain a CCJ against then for non-compliance of the DPA, then the IC would have no choice but to take action, it would also add strength to any complaint to the FSA about their obstruction - not good in the light of the OFT enquiry.

[alanfromderby]

ignore my last comment, just read up on this in the library.

 

In which case ignore my last post.

[surreyscouse]

The one thing i don't get is exactly what I would be issuing a summons for under the DPA. They have lost information on me, how do I quantify that and what exactly is my reason for taking them to court ?

[alanfromderby]

As you have only been told verbally that the information has been "lost" it is important to get that established in writing. By sending the Letter Before Action it will force them to do that - and you can then make a complaint to the IC based on that reply.

 

If they are daft enough not to respond, you have to assume that they may not have been telling the truth (shock, horror, a lying bank - surly not!), and it would therefore be reasonable to assume that they have just not complied.

 

The other approach would be to ask them to confirm your conversation in writing - but if they don't you will still have to force the issue.

[surreyscouse]

It's ok, I have alerady got it in writing:

 

We have provided you with copies of all the account statements that are available. Regrettably, the statement dates that you have listed are unavailable to us due to technical issues, which we are unable to resolve.

This is from an email they sent me when I questioned the missing statements so I assume that this is ok ?

[alanfromderby]

That would be fine - I would then use that as the basis for a complaint to the IC.

 

I would also bare in mind that if the bank don't know what they have charged you - then how can they challenge your estimate?

[surreyscouse]

I faxed MBNA to no compliance letter and this is their response by email:

 

Mr Surreyscouse

We are now in receipt of your fax.

As you are aware from previous e-mails and telephone conversations, you are in receipt of all the monthly statements that we hold on record. As there are no further statements that are available to provide, we have complied with the Data Protection Act in that we have provided you with all the information we hold on record.

With reference to your additional requests regarding your account notes and copies of the terms and conditions of your credit agreement, you have previously advised us that you no longer require this information. Consequently, we have yet to send the documents in question. However, as I now understand that you do require this information for your records, we will be pleased to send this information to you immediately.

I trust this meets with your requirements.

Kind Regards

Gavin Theobald

What gets me is that I have never asked them not to send the account notes. I will email him back to inform him of this just in case they try to use this as some sort of defence.

I am under the impression that they must kep all details for six years, not just provide me with what they hold, what sort of angle should I be going in at here ?

[alanfromderby]

They do seem to be trying to resolve the issue so I would give them some breathing space for a few days and see what turns up. I would then perhaps look at escalating it to the IC when you see what they send.

[surreyscouse]

What they are sending is their files notes, but they have already confirmed that 7 statements are missing.

[surreyscouse]

Anyway, they have breached the DPA in at least one of the 8 principles. Number 7 reads :

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

Haven't checked all of the others yet but this is good enough for me for now !

 

 

[dinghy]

very subtle !

 

All done !

 

Damn ! You ain't got enough points to affect me rep ! I'm stuck on 94 and still novitiate !

[dinghy]

Damn ! You ain't got enough points to affect me rep ! I'm stuck on 94 and still novitiate !

 

Thank you whoever responded to my desperate pleas for recognition !!!! :D

[surreyscouse]

Just sent Gavin Theobald a gentle email reminding him I have not received a reply to my 1st letter requesting refund on 4th May and deadline expires tomorrow. will let you know what response I get, he has read the email as I did a track on it !

[lickthewallfatboy]

get onto them mate.You know it makes sense!!! ;);)

[surreyscouse]

check it out !

 

Email reply from Gavin Theobald asking for recorded delivery number. checked Royal mail website and it tells me to call back later as it may not have been updated. anyway, emailed back the reference number and just attached a copy of my letter for the sake of good order, see what happens, will post back here as and when more info available.

[surreyscouse]

email back from Gavin, they now have the letter and will deal as a "matter of urgency" . Not sure what that actually means but they will be getting my LBA on Friday if they don't sort it by then !

[Nightmare4banks]

Hi all!

 

Just received earlier this week(within the 40 day DPA time limit) a one sheet reply from MBNA with my late payments/over the limit fees outlined refunding my £10 postal order and asking if I wanted anything else this would be at a cost i.e. manual intervention notes etc(By the way,I had already requested this information for both the card and loans that I have had with MBNA over the years.Typical,MBNA evading a perfectly bona fide request from a customer.

MBNA have now it seems defaulted me(which includes in the balance several hundred pounds unlawful over the limit fees/late payment fees) I have not seen my credit files recently to confirm this,sold my card account to a debt collecting agency despite them sending me a 12 month interest free a** wipe agreement.

 

I plan to do a DPA request with the debt collecting agency - I have already mentioned this to this agency over the phone - 1st Credit Limited based in Reigate Surrey.The woman on the other end of the phone was very pleasant with me and surprised at what I told her about the MBNA credit card account - being disputed due to late payment/over the limit fees and the PPI which I plan to challenge once I receive the complete set of statements which is possibly "wishful thinking" with MBNA.

 

Also,request my credit files from Experian and Equifax.

 

Then mark my files as disputed with the Credit Reference Agencies.

 

Any other suggestions would be highly appreciated.

 

Many thanks in advance!

 

And yes,THIS IS WAR!!

[surreyscouse]

Hi Nightmare,

 

Just one question, have you actually defaulted on your payments ? Or have they got stroppy and just defaulted you as some sort of revenge tactic ?

[Nightmare4banks]

Hi all!

 

Surreyscouse,in answer to your question abit of both.

 

I made them a payment last month - had not paid them for a few months due to an ongoing dispute with regards to mainly PPI - which I found out over 7 years down the line was not suitable for me (in addition to unlawful fees of several hundred quid).The difference in the PPI amount being 79p per £100 which I was paying instead of 32p per £100 in which I should have been paying.Also,before I made the last payment to MBNA directly,I was offered a 60%

reduction in the balance - around £8,500 off of a balance of £13,000.

However,this was giving me only no more than 1 week to come up with the £5,500.

Following receipt of this letter,I also spoke to one of their "big wigs" in the collections dept and he told me that once I can afford to pay a lump sum the balance to settle the account would be reduced - this call I secretly recorded it! Mainly due to the contradicting information either by phone or in writing that I have received from MBNA.To the extent the letter from MBNA confirming sale of the credit card debt does not mention the balance owed!

 

Anyway,I hope this rant answers your question - Surreyscouse!

 

If not,just ask.

 

Cheers.

[surreyscouse]

Yeah, pretty much answers it, It sounds just coincidental that they have sold it on at the time when you are claiming back from them.

 

You are not the only person who has had problems with this PPI stuff they sell. Drop Angrycat a line and havea good rant together as she is very upset about this.

 

Their view is probably, well the PPI isn't covering the payments and Nightmare isn't paying so we'll default her and sell the debt on, wrong I know, but that is probably their train of thought regardless of circumstances.

 

This firm that you mentioned in Reigate, did a quick search on them and there is nobody by that name in Reigate, do you have their company registration number and I will do a check for you and see how reputable they are.

 

Oh yeah, even though this is my thread about MBNA and I just keep coming back with updates, please feel free to have any old rant in here as it gets it of your chest, and lets other people know they are no alone. I sometimes feel quite bad about myself when I hear other peoples stories andthen look at my claim for £500 which in the big scheme of things is not a massive amount of money.

 

Chin up !

[Nightmare4banks]

Hi all!

 

Surreyscouse,the address of 1st Credit Limited to send payments etc is as follows:

 

P O Box 278

Reigate

Surrey

RH2 7WB

 

However,the registered address of 1st Credit Limited:

 

Hill House

1 Little New Street

London

EC4A 3TR

 

Company Registration Number:3752940

 

 

I know about Angry Cat - poor thing!

 

I do not want to say anything which may make me censored by the mods!

 

All I would like to say is that I am really disgusted at how these financial institutions not only MBNA - treat their customers and read other peoples' experiences make you "feel not as bad" I guess are the most suitable words.

 

Whether you are claiming £500,£5000 or £50 it makes no difference this money has been taken and should be refunded.

 

Once again many thanks for the support as there is nothing better to be able rant and receive supportive posts or PMs that make you more determined to kick some a** than ever.Although,going off a tangent Surreyscouse good luck with Shabbey and your mortgage redemption penalties refund!

 

Chin as high as it can go now!

[surreyscouse]

Right, OK, done the check on them. Very Very weak company. They have made losses for the last three financial years and show no sign of improving. They owe £44m yes million in overdraft and loans. They are currently chasing about £14m in debts.

 

It is actually recommended that financial institutions do not lend them money which is always a bad sign.

 

Kind words on the last post ny the way !

[Guest Lueeze]

How did you go about checking that?

 

Lou xxx

[surreyscouse]

I have just Pm'd the answer to you

[Nightmare4banks]

Hi all again!

 

Thanks for that,Surreyscouse!

 

As,I mentioned earlier today - I requested my credit file online today.Also,I plan to send this Debt Collection Agency a DPA request regarding the MBNA credit card account.I had already sopken to this agency last week and informed the woman

I was telling her of my intentions - which seemed to surprise her.

 

I will update you all as the plot thickens!

 

By the way,Surreyscouse ....

 

how would you find out about the status of a company etc?

 

I would just be interested to learn more.

 

Once again,many thanks

 

Also of course,not forgetting:

 

THIS IS WAR!!!!