MBNA - At it again

[cerberusalert]

They might have a bigger problem when you make a complaint to the ico, the Act stipulates 40 days to comply...end of.

[cashins]

They might have a bigger problem when you make a complaint to the Information Commissioners Office, the Act stipulates 40 days to comply...end of.

 

Very true.

 

Problem is, if the tell the ICO, (or judge if I issue over it), 'due to problems we have with retrieval, we cannot provide it at this time', would they get away with it?

 

David

[cerberusalert]

I doubt it, they either have it or they don't.

[summerbreeze]

I think they may be reluctant to supply the photoshop type jobs we have seen in response to some S78 requests via a SAR

[cashins]

I think they may be reluctant to supply the photoshop type jobs we have seen in response to some S78 requests via a SAR

 

In my case, the copy CCA, (which I have seen under S78), is original but quality is poor with most of the print illegeable. Under s78 they can get away with current T&C's, which they provided, I don't think they have the original reverse, even if that was compliant.

 

Think the ICO will be a waste of time for this - they will just accept the excuse. Will have another go at then which will also be a LBA. Then nothing for it, when funds allow, issue on them.

 

David

[summerbreeze]

What is going on with MBNA ?

 

Today I got OH's SAR ...

Again they supplied a dodgy app form [ 1996 ] via a S78 request but in the letter with the SAR

The CCA is ' not available due to archive retrievel problems '

 

So Now from 3 accounts I have

 

1] no CCA via s78 and no CCA in SAR

 

2] Dodgy app form via s78 and ' not available ' in SAR

 

3] Dodgy and illegible app form via s78 and ' archive retrieval problems ' so not provided in SAR

 

Dont know whether I should be laughing or crying !!!

 

very confused :confused:

[cashins]

It's just an excuse not to provide a proper copy of the agreement an imply they could come up with it in the future.

 

In your case, if they have told your in the SAR they cannot retrieve the agreement but at the same time provided it under S78 you can Complain to the ICO that they are witholding the document from your SAR or go to court to force them to produce it.

 

David

[sunflower99]

Hi David!

Great it looks like they lost it! I wish the same thing would happen to the junk they sent me too!

[cashins]

Oh no they haven't.

 

This is just the current excuse being offered, (others have had the same), by MBNA to get out of providing a proper copy.

 

In effect they are saying " we may or may not have a copy of your agreement and we may or may not be able to produce it at some point in the future.

 

Waiting for the ICO to come back with an opinion on it.

 

David

[dx100uk]

typical mbna crap

 

have a read in the mbna forum

 

dx

[sunflower99]

Oh no they haven't.

 

This is just the current excuse being offered, (others have had the same), by MBNA to get out of providing a proper copy.

 

In effect they are saying " we may or may not have a copy of your agreement and we may or may not be able to produce it at some point in the future.

 

Waiting for the ICO to come back with an opinion on it.

 

David

OOh David! i thought they were implying they lost it! I dont suppose any of us would be that lucky though! However they definitly trying to dredge up my bit of bogpaper by the fact that they set the lovely Restons on me and give me the experience of seeing a court room!

[sunflower99]

MBNA are a bit of a mystery though! I wonder why they take some people to court and not others

[cashins]

MBNA are a bit of a mystery though! I wonder why they take some people to court and not others Today 03:29

MBNA are a bit of a mystery though! I wonder why they take some people to court and not others

 

Some companies such as Marlin use a score card to assess theiir chances of a) winning in court to start with. b) actually getting any money if they do win.

 

Suspect MBNA do the same.

 

David

[cashins]

In response to a SAR, MBNA are saying:

 

'Due to current archive retrieval issue I can confirm that I am unable to provide a copy of your original credit agreement. I can confirm that your Subject Access Request has been fully complied with as all retrievable data pertaining to the data subject has been provided'.

 

This was in answer to a follow up letter to the SAR which asked them to provide it, or confirm they no longer have it.

 

I am sure others must have had the same response.

 

In effect they are saying, 'We may or may not have the agreement and we we may or may not be able to produce it at some point in the future'.

 

I have asked the ICO for an opinion on it but in the meantime, does anyone have a view on this.

 

David

[WelshMam2009]

I would be inclined to say "thank you very much for confirming that you do not have a copy of my credit agreement and the account is in dispute until such time as you are able to retrieve it!"

 

Did you send a CCA request before this and receive nothing David??

[angmarie]

Cashins

 

Im in exactly the same position at the moment. This has not stopped them harassing me though and they will not accept that without cca account is in dispute. This weeks's letter says they are registering default and passing to a third party:mad:.

 

 

Ang

[angmarie]

Cashins

 

Did you write to information commisioner or phone, where can I find those details.

 

Many Thanks

 

 

Ang

[WelshMam2009]

Cashins

 

Im in exactly the same position at the moment. This has not stopped them harassing me though and they will not accept that without cca account is in dispute. This weeks's letter says they are registering default and passing to a third party:mad:.

 

 

Ang

 

Same happened here also Ang. I've now collected circa 6 defaults all cards that have no valid agreements and/or have not been supplied. I believe MBNA may turn up something eventually and that the "retrieval issue" is more to do with manpower and the volume of CCA requests being received.

 

Might be worth asking them that question directly I guess??

[angmarie]

Welshmam

 

No I really dont think they will for this one, you see it started with a basic credit card (silver), then at some point 3-6 months later a gold card turned up in the post 3,000 limit. No paperwork nothing and im almost 100% sure about this. They have produced cca (app form) for 1st card with some dribble about t/c probably unenforceable but such little bal left im going for charges instead of challenging the cca.

This was late 90's when I guess the banks could not see their shortfall coming but it made them GREEDY;).

Im not sure where it will end though.

With regards to asking direct I assume you mean phone them, cant get any sence out of them anyway have any staff had training.

 

 

 

Ang

[WelshMam2009]

No I really dont think they will for this one, you see it started with a basic credit card (silver), then at some point 3-6 months later a gold card turned up in the post 3,000 limit. No paperwork nothing and im almost 100% sure about this. They have produced cca (app form) for 1st card with some dribble about t/c probably unenforceable but such little bal left im going for charges instead of challenging the cca.

This was late 90's when I guess the banks could not see their shortfall coming but it made them GREEDY;).

Im not sure where it will end though.

With regards to asking direct I assume you mean phone them, cant get any sence out of them anyway have any staff had training.

 

Ang

 

Mine was circa 1999 Ang and they eventually turned up the application form with what they want me to believe are terms and conditions on the back.

 

I'm sure there's something on the application form about them (MBNA) determining which card to issue so I'm not 100% sure if issuing a Gold card when you applied for a Silver card makes a difference. :confused:

 

When I said about asking them direct, I meant really to write to them and specifically ask what the archive retrival problems are exactly and if and whn they are likely to be resolved.

 

Best of luck

[sunflower99]

Hi David

yes i suppose they must do something like that I suppose they look at size of debt whether there are any assets such as a house persons occupation age education bank account etc etc

[cashins]

Did you send a CCA request before this and receive nothing David??

 

CCA'ed them 18 months ago, got back front page, (much of which is illegeable and wouldn't work anyway) and current T&C. Put the account in dispute at that point. Restons popped up some months ago but not been back since.

 

Point of SAR was to get a proper copy which as yet they have failed to provide, although they obviously have something but I think the quality is what they provided - garbage.

 

David

[cashins]

Did you write to information commisioner or phone, where can I find those details.

 

 

E-mailed as an enquiry, not come back to me yet.

 

David

[summerbreeze]

David as you know I am in the same position.

 

What I dont understand is why they send out dodgy stuff puporting to be a CCA in response to a s78 request and then when sent the SAR they dont comply with sending the CCA

 

I have in response to SAR on 3 accounts

 

1] we dont have the agreement

2] we have already sent it in response to s78 request

3] due to archival retrieval problems we cant provide it

 

They are apologetic about all 3 failures to send a CCA and I plan to write again and ask ' Do you actually have any of the CCAs and if so you are obliged to send me a copy '

 

Dont expect much by way of reply though ...

[cashins]

David as you know I am in the same position.

 

What I dont understand is why they send out dodgy stuff puporting to be a CCA in response to a s78 request and then when sent the SAR they dont comply with sending the CCA

 

I have in response to SAR on 3 accounts - are all these MBNA?

 

1] we dont have the agreement

In that case they're stuffed on that one.

2] we have already sent it in response to s78 request

That doesn't matter a damn. They can get away with just about anything under sec 78. You request is under the Data Protection Act which they must respond to and send a proper copy.

3] due to archival retrieval problems we cant provide it

Don't think this holds water, hence my asking an opinion from the ICO

 

They are apologetic about all 3 failures to send a CCA and I plan to write again and ask ' Do you actually have any of the CCAs and if so you are obliged to send me a copy '

 

Dont expect much by way of reply though ... Suspect you will just get, "we have complied with you SAR"

 

You have 2 choices:

 

A complaint to the ICO, (which will take months)

 

Taken them to court for an order to produce the agreements and related documents.

 

I favour the latter, just waiting for an opinion from the ICO.

 

David