Help48xxx v. MBNA

[Help48xxx]

In a word........hmmmmm!

 

They say, in a nutshell that they have provided data they hold from their application processing and customer account processing systems, which show personal details they hold under my name and address. They go on to say that with regard to s10 of the Data Protection Act 1998, s10 states that the right to prevent the processing of personal data under s10 does not apply if the individual has given consent to that processing. Since (they say) I have given consent for processing to occur, through my agreement to adhere to terms & conditions, s10 doesn't apply in my case.

 

Spoilsports!

 

I'll have to get my Miss Marple head on for this particular pack and see what I can catch the beggars out on. Drat! I always did hate homework

 

xx

[citizenB]

Gave me a headache trying to get a grip on all the codes they use so I could read the darn paperwork

 

Did you receive a copy of your agreement ?..

[Help48xxx]

Gave me a headache too CitB.

 

Yes, they sent a copy of the agreement-exactly the same copy as they sent to me originally which has some wording blurred and therefore unreadable.

 

I asked for a legible copy, and that request fell on deaf ears...that was borne out by the letters included in the pack. It's glaringly obvious that each and every letter I have sent them requesting anything after the CCA has been ignored. I think that's worthy of comment, don't you?

 

xx

[citizenB]

Gave me a headache too CitB.

 

Yes, they sent a copy of the agreement-exactly the same copy as they sent to me originally which has some wording blurred and therefore unreadable.

 

I asked for a legible copy, and that request fell on deaf ears...that was borne out by the letters included in the pack. It's glaringly obvious that each and every letter I have sent them requesting anything after the CCA has been ignored. I think that's worthy of comment, don't you?

 

xx

 

I dont know whether it is because they cant or wont read our letters.:-? Ok, some people just send a template letter without any amendment.. but I know you and I have certainly amended to suit our circumstances/information required, I imagine we arent the only ones. I believe they see a couple of "buzZ" words and just send out a ready made pack of information whether it has any relevance or not to our specific requests.

 

Even their responses to Formal Complaint letters have a feel of "Template leter" attached to them.

 

I am sure BRW and scarletpimpernel would have something really clever to say about it all

[Help48xxx]

I'm increasingly irritated by the fact that they, above all others simply will not accept the request to deal with me in writing only. I don't know how they can get away with refusing my every request, (made in writing, obviously), to that effect.

 

I know I have questioned this before, but I wonder how they deal with people who simply cannot talk, due to surgery, (ie laryngectomy). I also wonder if their refusal to accept anything but telephone contact, could be deemed as discriminatory, (under the Disability Discrimination Act), to those who are covered by it?

 

I may well challenge it..what do you think?

 

xx

[citizenB]

I'm increasingly irritated by the fact that they, above all others simply will not accept the request to deal with me in writing only. I don't know how they can get away with refusing my every request, (made in writing, obviously), to that effect.

 

I know I have questioned this before, but I wonder how they deal with people who simply cannot talk, due to surgery, (ie laryngectomy). I also wonder if their refusal to accept anything but telephone contact, could be deemed as discriminatory, (under the Disability Discrimination Act), to those who are covered by it?

 

I may well challenge it..what do you think?

 

xx

 

Have you read RMW's thread ? linked below, you will see that she has in fact complained to the FOS regarding one of her creditors/DCA refusing to accept that her need for written communication comes under the disability discrimination act. Although not here to answer calls during the day and it was me that was being tormented by calls every 10 minutes, I did on OH's behalf write to all of his creditors to request letters only due to the fact that he is partially deaf. However, this was before I found CAG and I gave up in the end and had our telephone number changed and went ex directory:grin:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/136654-complaining-financial-ombudsman-service.html

[Help48xxx]

My head is spinning! The paperwork they have sent has some noticeable omissions which I will remind them of, but now I have no idea how to go forward with this. They clearly haven't complied with my S.A.R - (Subject Access Request), choosing rather to supply bog standard stuff. I would be grateful to hear what you think I should do next as I am conscious of the fact that they will feel they have done all that was asked.

 

xx

Edited October 19, 2008 by Help48xxx
typo

[banker_rhymes_with]

Hello Help48xxx!

 

There is a CAG Template that covers what you can do if they fail to comply with your SAR. Here it is:

 

Data Protection Act Non-Compliance - Particulars of claim

 

Cheers,

BRW

[citizenB]

Hi Help,

 

I wanted statements prior to 2002 from MBNA. I was just going round in circles asking for them. Their latest letter confirmed they keep no data prior to 2002. Read my post in the following link, it might help you decide on your next move.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/93884-wescot-rbofs-oh-dear-6.html#post1767307

[RedVixen]

subbing

 

MBNA are claiming they never received my SAR request even though it was in the same envelope as the CCA which they sort of responded to

[citizenB]

subbing

 

MBNA are claiming they never received my S.A.R - (Subject Access Request) request even though it was in the same envelope as the CCA which they sort of responded to

 

Check with the post office to see if the postal order has been cashed

[Help48xxx]

Hi RedVixen,

 

I noted from my SAR that they will deny receipt of letters if they were sent in the same envelope. It's cheeky, but has taught me a lesson...send each letter seperately so the crafty beggars can't deny it!

 

xx

[citizenB]

Hi RedVixen,

 

I noted from my S.A.R - (Subject Access Request) that they will deny receipt of letters if they were sent in the same envelope. It's cheeky, but has taught me a lesson...send each letter seperately so the crafty beggars can't deny it!

 

xx

 

Alternatively, add a postscript to the bottom of each letter noting that the other letter is enclosed.

 

for eg... On the CCA letter, Postscript says:.. "Also enclosed with this CCA request is a Subject Access Request, please ensure it is passed to your Data Compliance Department "

 

On the SAR letter, "Also enclosed with this SAR is my CCA request, please ensure it is passed to the person dealing with these".

[Help48xxx]

Good thinking Batgirl

 

xx

[RedVixen]

Thanks for that - unfortunately the only receipt I can find for that transaction doesn't have the postal order number on it and I stupidly sent it off before copying it so I had the reference number. I shall point out that I am aware that MBNA seem to have a habit of conveniently ignoring one letter if they arrive in the same envelope and give them an extra week to comply I am not shelling out another £10 for their incompetence - actually I will probably end up doing just that as it should provide me with useful ammo for negotiating hundreds off the bill

 

The £10 hasn't appeared on any of my statements however teh amount of the debt claimed by equidebt (its on hold pending CCA) is slightly less than the last statement ammount minus the £200 i did pay - could they have timed it sneakily??

[Help48xxx]

Just a quickie.

 

Can anyone point me in the direction of a letter template requesting a copy NOA please?

 

xx

[Fred Bassett]

Just a quickie.

 

Can anyone point me in the direction of a letter template requesting a copy NOA please?

 

xx

 

Help, have you sent an SAR? If so, it should come with that.

 

Regards.

 

Fred

[Help48xxx]

Just a quick update..........

 

Nothing, nowt, zilch since late 2008.

 

I could be tempting fate......

 

xx

[citizenB]

Hi Help, are you well ?

 

What was the last contact you had with them.. non compliance of SAR wasnt it ?.

[Help48xxx]

Hi CitB...yes I'm doing great thanks. How are you doing?

 

You're right that the last thing was non-compliance. They then set Equidebt on me but I responded with the 'bemused' letter and haven't heard a thing since.......(fingers etc now firmly crossed for fear of speaking too soon ).

 

I suppose it's too soon to hope they have seen the error of their ways and given up, but I live in hope!

 

xx

Edited April 7, 2009 by Help48xxx
typo

[citizenB]

Hi CitB...yes I'm doing great thanks. How are you doing?

 

You're right that the last thing was non-compliance. They then set Equidebt on me but I responded with the 'bemused' letter and haven't heard a thing since.......(fingers etc now firmly crossed for fear of speaking too soon ).

 

I suppose it's too soon to hope they have seen the error of their ways and given up, but I live in hope!

 

xx

 

Thats the best way to live Did you make a complaint to the Information Commissioner re the non compliance ?

[Help48xxx]

Oooops no I didn't. There has to be a template for that somewhere here surely...hint-hint

 

xx

[citizenB]

Oooops no I didn't. There has to be a template for that somewhere here surely...hint-hint

 

xx

 

You can download a complaint form from their website, just include a copy of your SAR and any follow up letter you sent requesting information. Identify the information you have not received any correspondence from MBNA regarding the SAR.

[Help48xxx]

And that's EXACTLY why I love you so much

 

I'll get on it asap. Thanks buddy

 

xx

[citizenB]

And that's EXACTLY why I love you so much

 

I'll get on it asap. Thanks buddy

 

xx