MBNA Credit Cards - refusal to give me the charges total

[Flyermonkey]

Hi there,

 

I have just come off the phone from MBNA after sending them the Data Protection request as per the letter in the library here... and they are claiming that they don't need to give me the amounts of charges or the copy statements under the DPA as they have already supplied this information in the form of monthly statements.

 

Any comments / suggestions?

 

It sounded like someone fairly senior and/or a lawyer that I spoke to rather than the usual call centre employee. He quoted the Durant vs FAS case and claimed that this information was in line with that?

 

Any help for when he phones back would be appreciated!

[diddled]

I'm not too sure about that

Try and telephone the Information Commissioners Helpline on 01625 545 745, they should know the answer. Remember to take the name of the person you speak to, then you will be prepared when MBNA ring you back

[BankFodder]

I'm sorry to give you a hard time. Could you post this in an appropritate forum. Other institutions in this case. We are very small group and it is hard work forllowing threads and posts around in the wrong forum all of the time.

If it is not clear that a claim against MBNA should be posted in Other Institutions then maybe it is our fault and if you will make suggestions, dave and I will be pleased to consider other ways of making the correct forums better signposted.

*********************

 

 

For the benefit of others who read this I'll also say that it is a very soul-destroying business having to sheepdog everyone to post in the correct place. It has been happening a lot in the last couple of days and we are expecting another serious increase in traffic soon.

Time would be better spent for everyone responding to queries rather than acting as a Forum Marshall

[Flyermonkey]

(Bankfodder - apologies for putting this in the other forum, was having a panic as they guy was going to phone me back and I didn't think it through properly! Was thinking that it was a DPA issue rather than an MBNA specific one, but you are right it should be in here)

 

Okay here we go again....

 

I have just come off the phone from MBNA after sending them the Data Protection request as per the letter in the library here... and they are claiming that they don't need to give me the amounts of charges or the copy statements under the DPA as they have already supplied this information in the form of monthly statements.

 

Any comments / suggestions?

 

It sounded like someone fairly senior and/or a lawyer that I spoke to rather than the usual call centre employee. He quoted the Durant vs FAS case and claimed that this information was in line with that?

 

Any help for when he phones back would be appreciated!

 

He did phone back but I was in a meeting so he has left a message and a number for me to call him back.....

[Seminole]

I'd suggest that he mght like to put that in writing and mention that you will pass this interpretation of the law on to the Information Commissioner at the same time as issuing a county court claim for an estimated amount.

[BankFodder]

I'd suggest that he mght like to put that in writing and mention that you will pass this interpretation of the law on to the Information Commissioner at the same time as issuing a county court claim for an estimated amount.

 

I agree about the letter.

 

Write and tell them that despite their telephone reply, the clock is still ticking on the 40days and you want compliance or a letter of refusal.

At the end of the 40 days or on receipt of the refusal complain to the IC.

 

It is a pain to have to wait.

 

Have you no idea of how much they owe you?

[gothicf0rm]

you may request the same info under the DPA as many times as you like. this is how to get it -

put ten quid in an envelope. put a letter requesting ALL your statements over the past six years into it. send the letter recorded delivery. if they refuse to send you the details in time complain.

[Flyermonkey]

I know for a fact that it is at least £1000, but suspect it could be closer to £1200-£1500!

 

I guess I could go for the £1000 then take it from there. I will call them tomorrow morning and see what they have come up with since our last conversation. I really just wanted confirmation that they definitely have to give me the information, whether or not I have had in the form of monthly statements previously.

[Flyermonkey]

Thanks for your help!

 

Having calmed down and done a little more research on both the Information Commissioner's and the Liberty website among others I can't see any limit to how many times you can be given information under the act. So he was talking nonsense in regards to the bank statement thing.

 

Indeed why would the Information Commisioner specifically mention bank statements, if it didn't mean that you could access them whenever you wanted, irelevant of whether you have had them already!

 

Typical 'bullying' tactic of a bank, as he was fairly agressive and patronising in his approach.

[BankFodder]

I know for a fact that it is at least £1000, but suspect it could be closer to £1200-£1500!

 

I guess I could go for the £1000 then take it from there. I will call them tomorrow morning and see what they have come up with since our last conversation. I really just wanted confirmation that they definitely have to give me the information, whether or not I have had in the form of monthly statements previously.

 

Go for the higher figure and amend downwards if necessary. Not much extra court fee to sacrifice and you never know they may not even contest the difference

[BankFodder]

Incidentally, it is a good tactic to inform the other person on the telephone that you believe that the communication between you has broken down and that you require to be put through to the next peson along as you no longer repose any confidence in your present telephone correspondent.

You will find that thi surprises many people and they will eventually transfer you. When you get to the new person, don't complain, just be extra charming so that the new person won't be able to imagine how their colleague could have fallen out with a nice person like you.

[Flyermonkey]

Oh what fun!

 

Spoke to them this morning and they have agreed to send me the statements from 2002, but they can't send me any previous ones as they are in storage on CDs in Dallas!

 

However if I pay £2.50 per statement they will get them out.... otherwise it will require a "disporportionate effort" to retrieve and thus they can get out of it under the DPA....

 

Not really a problem as I will work out the charges over the last 3 years (which I know to have the most in) and double it for the court action, and maybe add on a bit extra just for fun.

 

He is willing to put it into writing so will pass it on to the Information Commisioner to get his opinion. Interesting interpretation of the DPA, I think.

[BankFodder]

Oh what fun!

 

Spoke to them this morning and they have agreed to send me the statements from 2002, but they can't send me any previous ones as they are in storage on CDs in Dallas!

 

However if I pay £2.50 per statement they will get them out.... otherwise it will require a "disporportionate effort" to retrieve and thus they can get out of it under the DPA....

 

 

Sound like rubbish to me. Even if if you don't need them, put in a DPA request for them anyway and then complain to the Commissioner if they refuse. Let the Commissioner decide if it is disproportionate.

 

If all companies could merely have their data stored overseas and rely on this excuse it would be a surefire way of frustrating the DPA. I don't think that the Commisioner will buy into this.

[stubbarama]

If it is "On a Cd" Surely it can be sent by electronical means in a matter of seconds.

 

Absolute rubbish.

[Yyates]

MBMA make their own rules up as they go along. Anyone who has a debt problem with them gets no end of hassle off them and they tell lies too and can be quite threatening. They refuse to act within the law because they are classed as an american company. Don't give up deal by letter only and stick to the time frame.

[Seminole]

It's worth noting and reminding them that just because they are an American company doesn't mean that they don't have to operate within UK banking law and behave in accordance with British rules.

[Yyates]

It's worth noting and reminding them that just because they are an American company doesn't mean that they don't have to operate within UK banking law and behave in accordance with British rules.

Absolutely agree, they really do think they are above the law of the country, time they were made to tow the line. Keep chipping away at them as they do give in eventually.

[Flyermonkey]

Thanks for that, will keep at them and let you now how I get on.

 

They have been pretty nasty in the past when I got into debt problems, after my company went into liquidation and I lost my job. I dug in and refused to back down (they were threatening all sorts if I didn'y pay my bill - in direct contravention of the Banking Code) and they eventually agreed to a set monthly repayment at a level I decided.

 

I am fairly confident that a good part of the current balance is charges just to make things worse! Or better, if I win....

[Joanne]

my partner has successfully claimed of MBNA and it has taken less than 10 days to do.

 

He was fairly confident on the phone with regards to his rights (thanks to here and MSE) and really just kept referring to Durant vs FSA and they agreed to send this out after 3 phonecalls. I think he did mention the ICO and that he would complain if not provided with copies.

 

The 2nd stage was a case of basically one letter asking to contact their customer advocate office, a return phonecall saying that it was in the T&Cs of the account that this was charged. Just keep your point on track, dont let them detract.

 

"The charges are punitive, you have sufficient evidence to feel confident that by going to court you will receive these charges and if they want to try you then you will be happy to take an additional 8% off them in compounded interest. Then request they take this back to their legal team and see if they want to cost the company more money" Leave it at this and you will get a call back within 24 hours saying that they are not wrong but they will get the charge refunded.

 

They did ask my partner to close his account with them as I could not agree with the terms and conditions.

[Joanne]

my partner has successfully claimed of MBNA and it has taken less than 10 days to do.

 

He was fairly confident on the phone with regards to his rights (thanks to here and MSE) and really just kept referring to Durant vs FSA and they agreed to send this out after 3 phonecalls. I think he did mention the ICO and that he would complain if not provided with copies.

 

The 2nd stage was a case of basically one letter asking to contact their customer advocate office, a return phonecall saying that it was in the T&Cs of the account that this was charged. Just keep your point on track, dont let them detract.

 

"The charges are punitive, you have sufficient evidence to feel confident that by going to court you will receive these charges and if they want to try you then you will be happy to take an additional 8% off them in compounded interest. Then request they take this back to their legal team and see if they want to cost the company more money" Leave it at this and you will get a call back within 24 hours saying that they are not wrong but they will get the charge refunded.

 

They did ask my partner to close his account with them as I could not agree with the terms and conditions.