WON PPI related complaint at FOS , MBNA/arrows rufusing to wipe file clean

[goodfriend123]

I requested a SAR from Arrow Global:

 

template removed - dx read out rules please}

This morning, I received a thinner-than-expected package containing some computer printouts and some copy letters (not all I sent). Within was also their statement:

 

Data subject requests under the Data Protection Act 1998 do not entitle a data subject to gain access to all documents they care to mention nor even to all documents which may be relevant to them. The purpose of a data subject access request is to enable the individual to check whether the data controller's processing of his personal data unlawfully infringes his privacy. It is not an automatic key to any information, readily accessible or not, of matters in which he may be named or involved. Therefore we have conducted a proportionate search for personal data relating to you.

 

Can anyone tell me if this is correct. I wanted everything they hold about me, including correspondence between them and MBNA.

 

Many thanks for your help.

Edited August 10, 2016 by goodfriend123

[Stigman]

The SAR should have been to the original creditor MBNA.

 

What correspondence between the Arrow and MBNA are you after and What are you hoping of finding out?

 

Stigman

[goodfriend123]

MBNA sold my account to Arrow Global despite it being in dispute (FOS).

 

 

After a terrible six (6) year battle with them, I won.

 

 

MBNA's insurance company apologised for their "oversight" in writing

but this still means that my credit rating was ruined,

to say nothing of the stress,

abusive phone calls etc over the 6 years for a debt I didn't owe.

 

I want to get as much information as possible before going after compensation.

[Stigman]

Is the debt still showing on your Credit reference Files?

If so, place a notice of correction against the debt on your credit reference Files.

 

If you have been declined either a Mortgage, Loan, Credit Card or Employment because of this default marker then you can sue for compensation.

 

Can you just confirm please you said that MBNA sold your account while in dispute but you did not owe the debt?

 

Stigman

[goodfriend123]

I paid MBNA for PPI for 8 years.

They knew I made a PPI claim but their insurance company refused to pay.

 

 

Under their terms, the complete balance should had been paid because I am severely disabled.

At the time they knew this case was going through FOS.

 

 

Despite this, MBNA put me into default and sold my account to Arrow Global.

I have read in this forum that it is against OFT guidelines to pass on an alleged debt that has no agreement and is in dispute.

 

I have now won my case - their insurance company has finally paid off the outstanding balance in full.

Therefore it was their own insurance company (St Andrews Insurance) that owed them and not I.

[dx100uk]

then compo time me thinks

MBNA would have defaulted the loan before sale [or even earlier]

so there should have been no debt to sell on.

 

 

pers i'd be giving the FOS a quick call on this

 

 

MBNA should have instructed lowells to removed the account

or bought it back and written it off clearing the CRA file.

 

 

have a chat with the fos,

see what if anything they will do

 

 

then comeback here.

 

 

you should get some compo out of this if its been harming your file too.

[goodfriend123]

OK. I'll go ahead with that.

 

Two other points:

They say in their statement (above) "Data subject requests under the Data Protection Act 1998 do not entitle a data subject to gain access to all documents ... which may be relevant to them." Is this correct? It seems a bit daft to allow firms to only supply what they like.

 

I also paid MBNA £1.00 for a copy of my signed credit agreement as I wanted to read the terms that I signed for. MBNA said that, as they sold my account to Arrow Global, it was their responsibility. Arrow Global refused because "under sections 77, 78, and 79 of the Consumer Credit Act 1974 we are not obliged to supply copy documentation and statements when the agreement has been paid in full." (Needless to say, they didn't even refund my £1.00.) Is this correct?

 

Many thanks for your help, which is greatly appreciated.

[dx100uk]

Both are correct

Sar to MBNA should give you a copy of the agreement as its done an dusted

 

If push comes to shove again the fos might wish to know what arrows say regarding the sar

Might be hiding something?

[goodfriend123]

Thanks for your help and, as suggested, I will contact FOS again.

 

You are giving a great service - donation on it's way. Thanks again for your help, dx100uk and Stigman.

[dx100uk]

Aw thanks

 

The thing here is you've already got the fos onboard

Seeking their advice might well lead to them pulling a few strings or more importantly the right strings.. And it could all be sorted

 

Keep us in the loop