Prospero v MBNA - BEWARE!!!

[Prospero]

Just received list of charges from MBNA with a covering letter that says they are waiving the charge for a subject access request and providing this free of charge.

 

However, when I compared the list of charges against my actual statements (I already had most and was only missing a couple) I realised that a lot of the charges had been omitted from their list. In fact, there was a maximum of one charge shown for each month, although in many months there had been two charges, one for exceeding limit and the other for late payment.

 

I am writing back to complain about this. Waiving the £10 fee is all well and good, but in my opinion that doesn't get them off the hook of providing complete information under a subject access request. Maybe it was a genuine mistake, but it looks like a trick to me and I shall copy my letter to the Information Commissioner. I don't expect the court will be impressed either, if the claim gets that far - at least that's a point in my favour.

 

In the meantime, beware and check the info you have before starting your claim process.

[Guest ian cognito]

Thats very interesting, keep us informed re their reply please!

[nads75]

Oh No! I have already sent my prelim asking for it back based on their idea of my charges! Buggr!

 

I knew i should have sent the cheque back and demanded they treat my request as an S.A.R (which is what i initially asked of them but they decided to "help" me out by not cashing my cheque) Should have been more suspicous. damn.

[Prospero]

It's not too late. Just forget about your first letter and start again.

 

Do you have any statements at all? Do you have one which clearly show two charges in one month where their list shows only one? If so I would point out the error to them, indicating that you will refer any non-compliance issues to the Information Commissioner.

 

Here is the text of the letter I just sent.

 

Dear XXXXXXX

Request for Charges on MBNA Visa Account of [Your Name]

A/c number XXXX XXXX XXXX XXXX

Thank you for your letter dated XXth Xxxxxxx, including your list of fees applied to my account. However, I am considerably concerned that this appears to be an incomplete list. I do in fact have to hand almost all the relevant statements from the last six years, and many of the charges shown on these are missing from your list. In particular, in months where there were both late payment and over-limit charges only one of these is shown in the list you provided.

I sincerely hope that this is a genuine mistake on your part as any delays or attempts to avoid providing full details as requested would not be viewed kindly by either the Information Commissioner or a court.

I note your indication that you have provided the information free of charge, but I contend that this does not release you from any obligation you have under the Data Protection Act. I have made a formal Subject Access Request and I am prepared to pay the maximum £10 fee for this, but I do expect to receive complete and accurate information.

Accordingly please send me the complete information within the 40 days period of my original request, which expires on XXst Xxxxxxx.

I previously supplied identification information confirming that my present address is as at the top of this letter.

Yours sincerely

[Your Name]

[leecyndisanders]

If you look at my thread, they tried a similar thing but I may have contacted them in time... Good luck