Mbna

[sunflower99]

Dear Sirs,

 

RE Accounts -

Thank you for your letter dated xxxxxxx xxx

Your letter requests “For security reasons we require you to provide a form of positive identification (an example of acceptable identification would be a copy of a driving licence or passport which includes your signature), before you comply.

 

To the present date you have easily sent statements and correspondence containing my sensitive and private statements and personal financial information to my address. I am asking myself now why all the concern regarding security regarding my information, and why you are doubting that I am not the right person? I request the reasoning behind the length of time for you suddenly to be worried about this.

 

I am confident an organisation the size of MBNA are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

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.

 

I would like to advise that clarification with Government bodies assured me that this is purely MBNA's own internal proceedures, and not really required.

 

I am concerned that I do not hold either a passport or drivers licence, and even if I did, in today's society about taking care of our personal information, I am not happy in sending in the post anyway.

 

I am sure that an alternative compromise can be sought, either you accept I am who I am, or you can offer me alternatives that I will find acceptable. If this cannot be resolved I will contact the Information Commissioners Office.

 

I look forward to hearing from you in writing within the next 7 days.

 

Yours faithfully

[sunflower99]

I sent MBNA the above letter and they sent me a letter saying i could ring their compliance dept and go over security checks over phone instead! Which i did and they did eventualy send me my SAR without me having to send documente through the post!

[sunflower99]

Like steve says that part he mentioned does look rather strange to say the least! Very fainter different quality print and does not seem very well aligned!

[woody1066]

I have sent them a copy of my Drivers license with the signature blanked out. Lets see what excuse they come up with this time

[sunflower99]

Hi Woody! At least it will be a good letter to write if they comne up with more execuses! and it did work for me! But hopefully now you sent them something they should comply!

[woody1066]

Well they signed for my reply on 24th April as of yet nothing at all from them. Are they in breach of the 40 days or did the clock reset when i had to send them proof of my signature?

[woody1066]

Ok I have now recieved my SAR and it seems to contain all of the information I require. How do I calculate the excessive charges? is that a spreadsheet that can work it out for me? Is there a template letter I can send to them?

[woody1066]

bump

[woody1066]

After some months of stalling I finally recieved my SAR from MBNA today. I now need the help of you good people in order to claim back what I have been screwed for these past years.

 

Is there a spreadsheet i can use? What can I claim back? What about PPI?

 

Sorry to appear so ignorant but I havent taken this route before

[maroondevo52]

Hi,

 

This link should keep you straight............

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Regards.

 

Scott.

[woody1066]

Many thanks, however that link seems to be mostly about overdraft charges. How do credit card charges differ?

[woody1066]

Slightly more desperate bump than the last one

[woody1066]

And another bump

[woody1066]

Excuse my stupidity but here is an example of one of the many pages that they have sent me. Which charges should I be claiming back?

Edited May 31, 2009 by woody1066

[maroondevo52]

Hi,

 

Sorry, your 'link' dose'nt seem to be working.

 

When I claimed back charges from Capital One, what I claimed was 'Overlimit fee' charges, and 'Late payment fee' charges, at the time these were £20 each.

 

On my spreadsheet I put 'Charges as notified'.

 

Here's the spreadsheets, I used Simple Excel...........

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/118-interest-calculation-spreadsheets

 

Remember, Credit Card charges are not part of the 'test case' so you should get dealt with, without waiting on the result of said case.

 

Here's the templates for Credit Card claims.......

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/121-bookworm

 

Regards.

 

Scott.

Edited May 31, 2009 by maroondevo52

[woody1066]

Sorry about the image!! Should be working now! most of my late fees & overlimit fees are charged at £12 does this mean i cant claim them?

 

There are a lot Finance charges of £69 can i claim these?

[maroondevo52]

Hi,

 

The only one's I know that are re-claimable are the Overlimit and the Late fees.

No one told them it was OK to charge you £12.00 a pop.

I'm not sure about any of the others.

 

And remember you can claim 8% interest on top.

 

Regards.

 

Scott.

[woody1066]

In light of the recent court victories against MBNA I would like some of the experts to have another look at this to see if I can get a definitive answer as to whether my CCA is enforcible or not.

 

Thanks in advance for the advice

[woody1066]

Guess not then

[the_shadow]

Woody

 

I understand the frustration but this is a self help site and as such we are all volunteers to comment on other threads and give advice where we can. The site team do a fantastic job and have real expertise but I'm sure they have lives outside of the t'internet and CAG (sacrilege I know ) Some cover the evening shift/ some the graveyard and others during the day so I dont think you can expect a response within an hour

 

Right... onto the agreement.. if thats i on page 1 of this thread it looks to be a bad microfiche copy... is this correct? Is it any clearer in your hands than the copy you've posted up?

 

Can I ask did you chop any of it off as there is no heading at the top of the agreement.. I ask cos mine is similar to yours, same bad copy and has part of the title chopped off... yours looks worse?

http://www.consumeractiongroup.co.uk/forum/mbna/182471-pmw1971-virgin-mbna-i.html#post1994177

 

Of course all this is moot if it contains the prescribed terms, have you checked?

 

If they've supplied an illegible copy with no agreement heading then its possibly unenforceable but its down to the judge lottery at present until these test cases have gone through the courts imvho.

 

S.

[woody1066]

What you see there is pretty much exactly what I recieved. There was an initial debate about the fact that it didnt line up but i dont want to make any big decisions based on ifs and mights

[the_shadow]

What you see there is pretty much exactly what I recieved. There was an initial debate about the fact that it didnt line up but i dont want to make any big decisions based on ifs and mights

 

and thats the crux right there... whilst there is legislation the judge lottery counters this.. appeals are available if wrong decisions are given however.

 

The test rulings *should* make things clearer in the new year.

 

S.

[woody1066]

As the title says. I have an old Abbey credit card which has (due to them increasing the interest rate) accrued a small amount of arrears. I have CCA'd them and they sent me something out some time ago but nobody here could decide if it was enforcable or not. I am still making whet used to be the minimum payment on this £100 per month but the arrears are still accruing.

 

Yesterday morning I got a call at work from MBNA who told our switchboard that it was about my credit card arrears and the proceeded to try to talk to me about my arrears without asking any security questions. I told them in no uncertain terms that I would be raising a complaint and terminated the call.

 

I Have spoken to trading standards who didnt want to know, the Information Commisionners office who said I will have to make a complaint to MBNA first and the FOS who were the only ones to take my complaint seriously and are going to be writing to them.

 

Are thet allowed to call me at work? How the hell did they get my works phone number as I have changed jobs since I took the card out?

 

Any suggestions guys?

[Seminole]

This is a clear breach of OFT debt collection guidelines and an even clearer breach of the Data Protection Act.

 

You should complain to MBNA and you will need to do so before involving the ICO. You should also complain to the OFT immediately.

 

Sadly, in practice none of these organisations will do much but they will continue to get away with it unless people complain.

[harrassed senior]

Send them this:

 

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,

[NAME HERE]

 

Section 40 of the Administration of Justice Act

“S40 Punishment for unlawful harassment of debtors.

A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he- harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation; falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; falsely represents himself to be authorised in some official capacity to claim or enforce payment; or utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

You CAN complain right now to both OFT and Trading Standards at Consumer Direct

 

Send the above letter by Recorded Delivery, and if possible, ask your switchboard to tell callers for you that 'personal calls' are not allowed to be taken at work.