@mbna mbma

[kathb00]

:mad2:I sent my Data Access letter of on the 19th December. I rang them yesterday to find out

why I hadnt recieves my statements as it had been more than 40 days,

only to be told by them that they have 56 days to respond. I argued with this

but didnt get any where. Any advise please !!!!!

[ims21]

Report to ICO and let MBNA know that you have done so

 

40 Calendar days is correct

 

ims

[rebel11]

Hi kath

 

I'd be tempted to send them this, Recorded,

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear xxxxxxxxxx

 

DSAR Reference: xxxxxxxxxx

 

Account Number: xxxxxxxxxxxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated xxxxxxxxx. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1) You have failed to provide xxxxxxxxxxxxxxxxxxxxxx

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours sincerely,

 

xxxxxxxxxxxxxx

 

You can show the ICO you've tried everything to get them to comply.

[kathb00]

They havent supplied any documents at all. I have just phoned them and they said

it takes them 56 days even after I reminded them that they have just 40 days andthey just said

that someone will call me back within 48 hours.

[citizenB]

Why are you telephoning them !!

 

If you want to make an official complaint to the ICO or even take court action against them, you need proof that they told you this.

 

They have 40 calendar days to comply with the request.. NOT 56

[kathb00]

Didnt realise that will send a letter this afternoon and get it in writting.

[citizenB]

Didnt realise that will send a letter this afternoon and get it in writting.

 

Head your letter - OFFICIAL COMPLAINT - They are then obliged to comply within a certain time, whereas a general rant will just be stuck at the bottom of the "sometime/never" pile

 

At the very least send it with a Free proof of posting from the Post office, if you can afford the extra, then send via Recorded delivery and keep the receipt.

 

If you sent the legal fee of £10.00 by postal order you can check if it has been cashed by telephoning 01246 542091 - It is a direct line. You will need the receipt that the Post office gave you when you purchased it. If they say yes, it has been cashed, ask them to write to you confirming this.. then add the letter to your evidence against MBNA bundle

[Beamengine]

My experience of MBNA even when making a Formal Complaint is that they still take months to respond. At best I get a letter after a couple of weeks saying that they will respond within a further two weeks. That response is to say that it will take even longer - so much for the 8 week period as they know the the FOS process will take much much longer.

MBNA are in the process of being sold off and their staff are threatened with redundancy so do they care?

[kathb00]

They sent the required information the day after i rang them . what is the next step and what can i claim ???

[Beamengine]

MBNA are a telephone bank and are not geared up to dealing with letters as I have discovered which is why you probably did need to phone them to get the response.

It is not clear why you made the SAR as this may be the answer to your question.

You need to check whether the original agreement has been supplied as its absence would make the contract unenforceable until they have provided one (even a reconstructed one seems to be sufficient these days).

You should also check your statements to see if any charges have been applied which could be challenged. I found that they added interest to an account under a repayment plan even though they had previously said that the rate would be 0%. A complaint removed the interest and any penalty charges during the repayment period.