MBNA Delaying tactics???

[vazunna]

Hello everyone,

 

Hope I can get some help with this one.

 

Sent SAR to MBNA dated 13 July 2012.

 

Letter arrived today saying:

 

" Our records show that no charges have been placed on your account in the past six years, therefore there is no information to provide ".

 

" We have returned your £10.00 payment because there is no charge for this service. However, if you do require a copy of all personal data under the Data Protection Act 1998, please send a formal request together with a cheque or postal order for £10.00 ".

 

This is the letter I sent them:

 

 

I amwriting to request a fully comprehensive list ( Subject AccessRequest ) of all the default charges for late payments or going overmy credit limit applied to my account. Also, include all PaymentProtection Cover that I paid in relation to the same account.

 

Pleasefind enclosed a cheque for the maximum statutory charge of £10. Ifyou are unable to provide this data, I will accept a copy of mystatements; I understand that statements on their own are not coveredby the Data Protection Act 1998, yet I’m not requesting thestatements per se, but the charges, which I’m entitled to by law.

 

If youstore any of the older records on microfiche, please be aware thatthe Information Commissioner deems this to be a relevant filingsystem under the Act. As such, any microfiche data must be sent to mein fully legible and comprehensible form.

Ilook forward to your response within 40 days, as MBNA EuropeBank is obliged to reply under the DataProtection Act. If not I shallseek remedy from the Information Commissioner.

 

Yoursfaithfully,

Your advice as to my next step would be greatly appreciated.

Thankyou,

Vaz

[dpick]

If you know that charges have been applied to your account then complain to ICO for none compliance of SAR.

 

dpick

[vazunna]

Thanks dpick, I think I should have explained my situation a bit better.

 

I was in a rush to get to work when the post arrived.

 

Basically, I sar'd MBNA re: my credit card I had with Abbey, with the letter you can see above. Then I today received their reply.

 

I am not sure when I took the card out, but I paid it off in April 2006.

 

This was the information I was seeking in the first place. The beginning to the end of the account.

 

I have various statements dating from October 2003 to April 2006 when I cleared the balance.

 

Each statement that I have, albeit dated intermittently, has penalty charges and Payment Protection Cover.

 

Was the SAR I sent them not " a formal request " for the information I required by law?

 

Are they hiding behind the 6 year rule or does that not apply to the SAR under the Data Protection Act?

 

Can I force them to send me copy statements and original agreement?

 

They have cashed my cheque but I feel they have not complied with my SAR.

 

Do I have to re-send my SAR from a different template and wait another 40 days?

 

Any advice please?

 

Vaz

[dpick]

Hi they could say that they have destroyed the records as the account was closed more than 6 years ago.

 

dpick

[vazunna]

Hi, we know that is probably not true, any way of finding out?

I spoke to them and they confirmed I had the account from 26-February-2002 to March 2004.

Thanks in advance,

Vaz

[Guest alan703]

I have a thought on the delay tactics.

 

For every £1 they have of yours, they make 20% pa lending it to someone else.

 

For every £1 they owe you, FOS only award 8% pa compensation

 

Therefor By delaying paying up, they are still making 12% on every £1 of your money.

 

If the FOS awarded a higher compensation rate - maybe banks would be more fair to claimants, as it would be in their financial interest to settle quickly and fairly

[up2meears]

Hi Vazunna,

 

There is a template letter for SAR in the CAG library. I'll try linking it, but in case it doesn't work, that's where it'll be

http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection

 

Send that off with your £10 postal order, recorded delivery.

 

When I received my SAR from MBNA I received information going right back to the birth of the card in 2001 - although I didn't receive any statements I did receive a full transaction history which showed everything.

 

They sent everything within the 40 day deadline.

 

Good luck

Up2

[vazunna]

Hi Up2,

This is what I sent to MBNA on 13th July,

 

I amwriting to request a fully comprehensive list ( Subject AccessRequest ) of all the default charges for late payments or going overmy credit limit applied to my account. Also, include all PaymentProtection Cover that I paid in relation to the same account.

 

Pleasefind enclosed a cheque for the maximum statutory charge of £10. Ifyou are unable to provide this data, I will accept a copy of mystatements; I understand that statements on their own are not coveredby the Data Protection Act 1998, yet I’m not requesting thestatements per se, but the charges, which I’m entitled to by law.

If youstore any of the older records on microfiche, please be aware thatthe Information Commissioner deems this to be a relevant filingsystem under the Act. As such, any microfiche data must be sent to mein fully legible and comprehensible form.

 

Ilook forward to your response within 40 days, as MBNA EuropeBank is obliged to reply under the DataProtection Act. If not I shallseek remedy from the Information Commissioner.

Yoursfaithfully,

They cashed the cheque for £10 and wrote back saying " there were no charges made on the account in the last six years, therefore there is no information to provide".

They enclosed a cheque for £10 saying there was no charge for this service, however, if I require a copy of all personal data under the Data Protection Act 1998, I should send a formal request along with a cheque or postal order for £10.

I am confused now.

Was the original SAR request not a formal request?

Did I not enclose the appropriate fee? They cashed it!!!!!!

My account goes back to around 2003 til 2006. Lots of charges and PPI.

I wrote back with this:

 

Date 22August 2012

MBNAEurope Bank

 

P O Box1004

 

ChesterBusiness Park

 

Chester

 

CH4 9WW

 

 

 

 

Dear Siror Madam,

 

 

DataProtection Act 1998

 

 

Subjectaccess request

 

 

 

DearSir/Madam

 

Pleasesupply me with all data that you hold on me. This includes inparticular, but is not limited to, the following:-

 

1.The original signed, executed credit agreement/s and any terms andconditions that applied to the account/s at the time of default andat the time the account/s was/were opened.

 

2.Where there has been any event in my account history over this periodwhich has required manual intervention by any person, I requiredisclosure of any indication or notes which have either caused orresulted in that manual intervention, or other evidence of thatmanual intervention in relation to my account formerly held withAbbey.

 

3.True copies of any notice of assignment and default notices orenforcement notice that you/or name of the original creditor sent me,with a copy of any proof of postage that you hold.

 

4.Documents relating to any insurance added to the account/s, includingthe insurance contract and terms and conditions, date/s they were/ itwas added and deleted.

 

5.Details of any collection charges added to the account/s;specifically, the date they were/it was levied, the amount of thecharge, a detailed financial Breakdown of how the charge was/chargeswere calculated, and what the charge covers/charges cover.

 

6.Specific details of the fees/charges levied by any other agency inrespect of this account/these accounts and a detailed breakdown ofsaid fees/charges and what each charge relates to and on what datesaid fees/charges were levied.

 

7.A genuine copy of any notice of fair use of my data as required bythe Data Protection Act 1998

 

8.A list of third party agencies to whom you have disclosed my personaldata and a summary of the nature of the information you havedisclosed.

 

9.Copies of statements for the entire duration of the creditagreement/s.

 

10.Terminationnotices

 

PLEASENOTE that unless otherwise stated by yourselves and if the abovedocuments are NOT provided, it will be CONFIRMED that you are unableto reproduce/provide in any way shape or form any copies of the aboverequested documents. You are reminded that you have a duty to informme if you do not have the above documents. This is confirmed in HighCourt Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

Youare reminded that you are obliged to supply all the above documentsin line with the Information Commissioners Technical Guidance update(Dated August 2007)

 

Ifthere is specific information which you require in order to satisfyyourself as to my identity, please let me know by return. However,please note that the above address is the one which you normally useto communicate my private business to me and which you have hithertofound to be acceptable.

 

Sinceyou have already cashed the cheque for my original SAR request dated13 July 2012, I will deem the fee for this service as paid.Therefore, I return your cheque as uncashed.

 

 

Yoursfaithfully,

Enc. MBNA cheque for £10.00

Did I do the right thing or will I have to start the process all over again? They still have my money.

Trying to get information over the phone from them is nigh on impossible.

Thanks for your advice Up2.

Vaz

[up2meears]

Hi Vaz,

 

You don't have to start again. The letter you sent on 22nd is right. Just a waiting game now for 40 days.

 

Did you send a cheque or postal order? If it was a cheque have they cashed it yet? If it was a postal order you can phone the post office to see if it's been cashed. I called them on this number, 01246 542091. It's a direct line and you will need the receipt that you were given when you purchased the postal order.

 

Other than that, put your feet up, make a cuppa and start counting.

 

Let us know when you hear anything.

 

Up2

[vazunna]

Hi Up2,

 

The letter I sent on the 22nd August was a template from CAG. It is different to the one I sent on the 13th July. That was from MSE.

 

Its different in the sense I made it global, rather than about a specific account.

 

They cashed the cheque I sent them in July for £10 but wrote back saying " there were no charges made on the account in the last six years, therefore there is no information to provide".

 

They enclosed a cheque ( not my cheque because they had cashed it ) for £10 saying " there was no charge for this service, however, if I require a copy of all personal data under the Data Protection Act 1998, I should send a formal request along with a cheque or postal order for £10".

They cashed my original cheque back in July....

 

I sent their cheque " uncashed " back to them stating that the original cheque I sent them, which they have cashed, would cover the fee for the revised SAR request.

 

I did not send them a cheque with the letter dated 22nd August because they have not complied with my SAR of 13 July.

 

I returned the cheque they sent me. Uncashed.

 

So basically they have cashed my £10 cheque and not provided the information I require.

 

I hope I have made myself clear.

 

Thanks for the number Up2, I will give them a call tomorrow to see what they are doing with my revised SAR.

 

They really have pulled me from pillar to post on the phone, so frustrating.

 

Vaz.