MBNA not complied with SAR

[singletracker]

Help!

MBNA have only supplied a list of transactions, they have had a letter threatening court action after the 40 days expired and several phone calls. All I get is excuses and I've had enough, they are now almost a month after the 7 days I gave after the original 40 for the SAR was up. I know that there is a default notice and sale of my account kicking around somewhere, but they have failed to provide any of this.

My question is, what course of action can I take and how to go about things. I am already in a position of filing an N1 as my LBA expirred today, will get to the courts with forms on Tuesday. They have made a payment but have not removed the default as requested and are now refusing to.

Any help and advice would be gratefully accepted.

[singletracker]

Anyone able to advise on this?

[boingboing]

Not much help to you, but I'm in the same position. Sent MBNA 4 letters and not heard a thing from them, they've not cashed the cheque either.

 

I have downloaded the complaint form from financial ombudsman (?) but I'm not sure what to do once the complaint is lodged.

 

If I hear anything useful I'll let you know

[Cornucopia]

Help!

MBNA have only supplied a list of transactions, they have had a letter threatening court action after the 40 days expired and several phone calls. All I get is excuses and I've had enough, they are now almost a month after the 7 days I gave after the original 40 for the SAR was up. I know that there is a default notice and sale of my account kicking around somewhere, but they have failed to provide any of this.

My question is, what course of action can I take and how to go about things. I am already in a position of filing an N1 as my LBA expirred today, will get to the courts with forms on Tuesday. They have made a payment but have not removed the default as requested and are now refusing to.

Any help and advice would be gratefully accepted.

 

 

Hi Single,

 

I would file your N1 to force disclosure. It is outrageous that they have let this go on this long. What are they hiding? Your SAR should have contained all information relating to your account.

 

I would also issue them with a CCA 1974 letter (templates, letter N). They will have to provide you with a true copy of the executed agreement otherwise they cannot enforce the debt (it is a little more complicated than this but I haven't been up long - any questions, ask away).

 

I don't know what is going on at Chester, but they are running around like headless chickens, they clearly can't cope with the backlash!

[rippedoffagain]

Hi singletracker

 

Just subscribing, I will be following closely

[singletracker]

Can't find the SAR LBA letter I sent, have date and prof of posting, but no letter. As a result, I've decided to send the SAR LBA letter again, keeping a copy this time! That letter will go tomorrow, using the Template 2 from the SAR compliance templates in the library.

I will be also be sending a CCA request and have been looking at the S10 DPA notice. I'm not sure if this applies or how, so will be trying to find out more on this. MBNA have placed a default on my account and then sold it on without my consent or knowledge. The 1st I knew was when I had letters from Lowell (well past the 14 days for CCA, not far now for the 30 days extra to be in criminal default).

I will start preparing my N1 in readiness - any advice on what I enter as my claim?

[Rhia]

Most definitely start court action against them. Don't give them an inch they wouldn't give you any leeway. Some of the companies are trying the old trick of saying you haven't included a cheque. Go for them.

You have to say in your claim that.

1. On XXX date the claimant (you) issued a SAR under the DPA 1998 to MBNA's data protection officer.

2.You have not received a reply under the 40 day rule.

3. You respectfully ask the court to order them to disclose this information.

4. Add an estimate of your costs for letter writing, legal advice etc.

Battleaxe is the momma on all this. Read her threads.

PS I think they must have plenty to hide here such as no executed agreements?

[Glenn UK]

Help!

MBNA have only supplied a list of transactions, they have had a letter threatening court action after the 40 days expired and several phone calls. All I get is excuses and I've had enough, they are now almost a month after the 7 days I gave after the original 40 for the SAR was up. I know that there is a default notice and sale of my account kicking around somewhere, but they have failed to provide any of this. Did you sepcifically ask for this detail?

My question is, what course of action can I take and how to go about things. I am already in a position of filing an N1 as my LBA expirred today, will get to the courts with forms on Tuesday. They have made a payment but have not removed the default as requested and are now refusing to.

Any help and advice would be gratefully accepted.

 

Im pretty certain that the site template only asks for a list of transactions and charges, nothing about defaults.

 

So if you used that then you havent asked for a list of defaults.

 

If you have used somehting else and have specifically asked for info on defaults by way of a subject access request then after the 40 days expires you can file for non-complaince under Sec 7 of the DPA.

 

Sec 13/14 gives you and the court rights to ask for compensation and the courts to award it, get corrections made to your credit record etc.

 

HTH

 

Glenn

[singletracker]

The original letter does ask for details of all manual interventions. The default and subsequent sale of my account cannot have happened all by itself. My letter today has given them 7 days to provide all information. I have specifically included the default notice, sale of account and sale price in my requests in that letter. I have asked repeatedly in telephone conversations for ALL info, have been told it has been sent (never had it) and also that nothing sent yet, but they will look into it and call me back (never call back). My good friend Daniel at MBNA must be a little concerned as to why I keep asking!

Lowell CCA was sent end of Jan, due 15th Feb and in criminal default on 15th of March. They cashed the cheque (preferrred this to Postal Order as I can prove they've had both the letter and money!) on the 19/2 but still no reply. Ten days to go!!!

I believe my account history hides some serious gremlins, such that MBNA do not want to supply any info as it may incriminate them. I'd like to see what they have been playing at, as I had no notice of default or sale of account.

Lets see what happens in the next week, then it'll be off to court to seek information and compensation! Now, how much do I ask for? I have spent countless hours researching, telephoning, letter writing etc...not to mention the worry and stress imposed upon me by MBNA's underhanded tactics!!!!

[Glenn UK]

The original letter does ask for details of all manual interventions. The default and subsequent sale of my account cannot have happened all by itself. Well you may be right, truth is i doubt whether a default would be called a 'manual intervention' in the context of the site SAR. Although i accept that the application of the default may be due to someone doing something, IMHO you would need to ask specifically for information about your defaults.My letter today has given them 7 days to provide all information. I have specifically included the default notice, sale of account and sale price in my requests in that letter.unless your subject access request specifically refers to the default info i think you will be on a loser. The SAR is specifically about transactions and charges and i think anyone reading it would deem the paragraph about manual interventions in that light unless it was altered to include defaults or any other matter. I have asked repeatedly in telephone conversations for ALL info, have been told it has been sent (never had it) and also that nothing sent yet, but they will look into it and call me back (never call back). My good friend Daniel at MBNA must be a little concerned as to why I keep asking!

Lowell CCA was sent end of Jan, due 15th Feb and in criminal default on 15th of March. They cashed the cheque (preferrred this to Postal Order as I can prove they've had both the letter and money!) on the 19/2 but still no reply. Ten days to go!!!

I believe my account history hides some serious gremlins, such that MBNA do not want to supply any info as it may incriminate them. I'd like to see what they have been playing at, as I had no notice of default or sale of account.

Lets see what happens in the next week, then it'll be off to court to seek information and compensation! Now, how much do I ask for? I have spent countless hours researching, telephoning, letter writing etc...not to mention the worry and stress imposed upon me by MBNA's underhanded tactics!!!!

 

I was always told if you want a red answer, ask a red question otherwise you might get a blue answer or some other colour you don't want!

 

IMHO you haven't been specific about what you wanted but have presumed you would get it with your transactional data.

 

I have taken one company to court over non-compliance with the DPA and I'm in the process with another one, its my view you need to be very specific to get the data you want/need.

 

if it is at all unclear then this will give the defendant all the opportunity they need to get out of your claim.

 

i wish you the best of luck whatever you decide.

 

Glenn

[Cornucopia]

The original letter does ask for details of all manual interventions. The default and subsequent sale of my account cannot have happened all by itself. My letter today has given them 7 days to provide all information. I have specifically included the default notice, sale of account and sale price in my requests in that letter. I have asked repeatedly in telephone conversations for ALL info, have been told it has been sent (never had it) and also that nothing sent yet, but they will look into it and call me back (never call back). My good friend Daniel at MBNA must be a little concerned as to why I keep asking!

Lowell CCA was sent end of Jan, due 15th Feb and in criminal default on 15th of March. They cashed the cheque (preferrred this to Postal Order as I can prove they've had both the letter and money!) on the 19/2 but still no reply. Ten days to go!!!

I believe my account history hides some serious gremlins, such that MBNA do not want to supply any info as it may incriminate them. I'd like to see what they have been playing at, as I had no notice of default or sale of account.

Lets see what happens in the next week, then it'll be off to court to seek information and compensation! Now, how much do I ask for? I have spent countless hours researching, telephoning, letter writing etc...not to mention the worry and stress imposed upon me by MBNA's underhanded tactics!!!!

 

Hi Single, I am very interested in your case as we too were defaulted by MBNA without notice and the account sold on with a deed of assignment. The first I found out about it was a letter from the DCA. MBNA then sent me a copy of an email we didn't receive saying that it was warning of default the next day! What happened to the 14 days they are supposed to give you to rectify. I can't recall if you are subscribed to my thread, MBNA Nightmare!! but there is a lot more info on there.

 

MBNA have also failed to respond to my SAR and are now well over the 40 days, they have tried to pass off an application form as a true executed agreement and they passed on third party account details of my husband's ex-wife, to ME!

 

I could go on and go, I am going to be right behind you in Court, they have 7 days to provide me with all the missing information (from tomorrow). Non-compliance? Well pay the price then!

 

I read somewhere that somebody had charged something along the lines of £9.25 an hour for their time along with all the postage costs etc etc. I know that Battleaxe got £200.00 out of a claim of £500.00 (correct me BA if I am wrong on this). So definitely file for compensation.

 

My own opinion is that they have carried on all this time not expecting this revolution and now they cannot prove that they have carried out their business in a lawful manner. Oh and best of all, their DCA is now in criminal default, notice to be served on them on Wednesday morning......

 

You're not alone!!!

 

PS : They will refuse to provide you with a sale price or Deed of Assignment as it is Business Sensitive Information apparently. Whatever!

[singletracker]

Received a letter yesterday:

 

"I have been trying to contact you by telephone to discuss your request for a copy of all your information held by MBNA however I have been unsuccessful, please call me directly on 01244 673033 should you wish to continue with your request."

 

What telephone no. was he trying - certainly not the one I provided several times in the last month, including only a few days ago.

 

Continue with my request - if you don't it's off to court we go, so I'm continuing regardless of what MBNA think.

 

"all of your information" - so they understand that I want EVERYTHING!

 

I will give them a call and see what crap they spout this time - I think I'll start with "If I don't get what I want I'm taking you to court as you have had more than long enough and have used up all your excuses"

 

More soon!

[Cornucopia]

Received a letter yesterday:

 

"I have been trying to contact you by telephone to discuss your request for a copy of all your information held by MBNA however I have been unsuccessful, please call me directly on 01244 673033 should you wish to continue with your request."

 

What telephone no. was he trying - certainly not the one I provided several times in the last month, including only a few days ago.

 

Continue with my request - if you don't it's off to court we go, so I'm continuing regardless of what MBNA think.

 

"all of your information" - so they understand that I want EVERYTHING!

 

I will give them a call and see what crap they spout this time - I think I'll start with "If I don't get what I want I'm taking you to court as you have had more than long enough and have used up all your excuses"

 

More soon!

 

Hi Single, any news on the phonecall? They are hiding something, I'm telling you!!! Yesterday we received the usual "please find enclosed printouts, we haven't on this occassion, treated your SAR as an SAR". Why the hell not? They know I specifically require this information and are being purposefully obstructive. Well, it's my turn now, am going to Court for non-compliance.

 

I hope we can get to the bottom of this, as our situation is virtually identical to yours. What so and so's!!!!:o

[singletracker]

Hi Corn,

 

I have just spoken to a Richard Vernon about my letter (SAR LBA). I got the usual worming out of things from him. Your original letter didn't ask for everything, we do not recognise the term manual intervention, did we have £10 fee, we need ID, do you really want everything etc.

 

Pointed out that had they removed default when I asked, along with agreed settlement, I'd have disappeared back under the rock I'd been hiding under all these years. Explained that I do want everything and that I want it because they didn't keep promises, as I feel they are hiding things from me. I pointed out that the courts accept the original letter to mean full records and that my LBA is very specific. I have sent the £10 cheque twice, as returned 1st time saying they do not recognise as SAR request - I explained that the letter is very clear that it is a SAR request and that again, the courts have already proven they agree. The ID was also included previously and they have repeatedly accepted my address and regularly security checked me, so no excuse there. I also made a point of explaining that I did send a previous SAR LBA, so they are already in default, but that I am being generous by giving them a 2nd chance, as I have had no resolution despite several phonecalls.

 

I have been told that the information requested will be with me shortly. I'll believe it when I see it. If it doesn't arrive by Tuesday, I'll be straight of to visit the courts and file against them.

 

One more week and Lowell (DCA - bought account) will be in criminal default. I've heard nothing from them yet, although they have taken the £1 payment (cheque - means I get proof of them taking money!!)

[Cornucopia]

Hi Corn,

 

I have just spoken to a Richard Vernon about my letter (SAR LBA). I got the usual worming out of things from him. Your original letter didn't ask for everything, we do not recognise the term manual intervention, did we have £10 fee, we need ID, do you really want everything etc.

 

Pointed out that had they removed default when I asked, along with agreed settlement, I'd have disappeared back under the rock I'd been hiding under all these years. Explained that I do want everything and that I want it because they didn't keep promises, as I feel they are hiding things from me. I pointed out that the courts accept the original letter to mean full records and that my LBA is very specific. I have sent the £10 cheque twice, as returned 1st time saying they do not recognise as SAR request - I explained that the letter is very clear that it is a SAR request and that again, the courts have already proven they agree. The ID was also included previously and they have repeatedly accepted my address and regularly security checked me, so no excuse there. I also made a point of explaining that I did send a previous SAR LBA, so they are already in default, but that I am being generous by giving them a 2nd chance, as I have had no resolution despite several phonecalls.

 

I have been told that the information requested will be with me shortly. I'll believe it when I see it. If it doesn't arrive by Tuesday, I'll be straight of to visit the courts and file against them.

 

One more week and Lowell (DCA - bought account) will be in criminal default. I've heard nothing from them yet, although they have taken the £1 payment (cheque - means I get proof of them taking money!!)

 

This is very interesting, they are getting the jitters and I wonder how much it is to do with not issuing a proper paper 14 day default notice as required by law and selling without informing you. I am right in thinking his happened to you too? Arrow Global (the DCA) have been served with a default notice today on my CCA, can't wait to see what happens next! Especially as MBNA are trying to pass off application forms as executed agreements. The scoundrels!!!

 

Am very pleased to have a partner in crime here! At least we are not alone!!

[singletracker]

Are Arrow the full 14 plus 30 days? Only a week until Lowell hit the 14+30, so looking forward to that date!

 

I will keep you informed of what actually comes in the post, lets see if they comply completely, or claim "business reasons" as another excuse to not supply information.

 

Off to bed now, late night and beer makes me very tired...

 

Goodnight all.

[Cornucopia]

Are Arrow the full 14 plus 30 days? Only a week until Lowell hit the 14+30, so looking forward to that date!

 

I will keep you informed of what actually comes in the post, lets see if they comply completely, or claim "business reasons" as another excuse to not supply information.

 

Off to bed now, late night and beer makes me very tired...

 

Goodnight all.

 

Single, you are straying from thread to thread in a sideways motion!!

 

Yes, Arrow are, in fact 12 + 31 and served accordingly. Am V. excited about your Lowell date! They will spout all sorts of rubbish no doubt.

 

Hope you have a good sleep, but it obviously rests on me to tell you that beer doesn't make you tired, it makes you v. pissed!! How FAB!!!!

 

Goodnight, sleep tight, bed bugs and all that..........x :De

[Cornucopia]

Single, you are straying from thread to thread in a sideways motion!!

 

Yes, Arrow are, in fact 12 + 31 and served accordingly. Am V. excited about your Lowell date! They will spout all sorts of rubbish no doubt.

 

Hope you have a good sleep, but it obviously rests on me to tell you that beer doesn't make you tired, it makes you v. pissed!! How FAB!!!!

 

Goodnight, sleep tight, bed bugs and all that..........x :De

 

Forgot to say, with CCA, it is 12 + 30, not 14, therefore sooner than you think!

[singletracker]

Forgot to say, with CCA, it is 12 + 30, not 14, therefore sooner than you think!

 

Oh dear, it appears I had just a little too much to remain lucid. Of course, it is 12 + 30, I'm sure that is what is in my calendar, will double check though.

 

pi$$ed or tired, those beers certainly meant I went to sleep quickly!

 

Where's that postie?

[singletracker]

Nothing from MBNA or Lowell.

 

Did get a letter from another DCA replying just before criminal default of CCA. Credit agreement enclosed, but my surname is spelt wrongly - used a C instead os S within my name.

 

This, after charges removed, relates to a £100 debt. Can I argue that Credit Agreement is not valid as it is not in my name? I'd love to bite back on this account as I was defaulted over 2 missed payments and had an £85 charge imposed even though I was repaying by an arranged amount. If the agreement isn't valid, I'll forget the charges and go for the throat, insisting on removal of default by original owner and cancellation of account with DCA recently passed to.

 

Help please!!

[singletracker]

Filed against MBNA yesterday, gave me a lovely feeling to know that I'm making them work for once. No letter as promised, so got my N1 together and filed for non compliance of SAR.

I have also filed a separate N1 against them for the remaining balance of charges. Done this as they didn't remove default as initially promised, so why should I accept anything below the full figure.

I'm sure they'll appreciate that I am serious now and not to be trifled with. It will be interesting to see what happens next - will keep you all informed of course!!

[Rhia]

Don't forget to complain to the Information Commissioner too. You can do this online and there are no costs involved. It is worthwhile complaining to them as they will be getting complaints from here, there and everywhere so it builds up a case against them.

Also don't forget the mass compliant to FSA. Add your name to the thread I started called MBNA Group Question.

For the record MBNA did exactly the same thing to me, default no notice, no letter no deed of assignment. They have got something to hide and you would have thought they would have not done this. Guess they just vastly underestimated the consumer revolt and our ability to grasp the legalities and use it to fight back.

[singletracker]

I've not updated this for a little while as there hasn't been much to say. I purposely avoided calling MBNA, I've tried before to no avail so decided to leave the N1 to express my wishes.

I've just had my post and have an Acknowledgement of Service. It appears MBNA intend to defend my claim. Signed off by CAG's good friend Mr Waring.

Any thoughts on this, anyone else in the same position?

 

It seems strange that they intend to defend when they have failed to comply with the Data Protection Act. What exactly can they hope to defend? I did get my 2nd SAR cheque returned, with nothing more than a "With Compliments" slip in the envelope. I kept the envelope, slip and cheque for my records.

They have to submit a defence by the end of the month.

[Rhia]

They are defending my non compliance claim too and like yourself I ask what is there to defend. I think hoping we'll give in. No sorry this is just too important an issue. By refunding your £10 and you accepting it they will claim this was your agreeing to settle I think so if it arrives send it straight back again.

I think they are in chaos as have been PM'd a couple of strange incidents by them all indicating they could possibly be in some sort of meltdown.

[singletracker]

As I have now sent them 2 cheques and a few letters, not to mention numerous calls, I'm working on the basis of sitting and waiting. I've had enough of running around after them.

As I see it, they have more than enough rope to hang themselves with already and any further cheques are probably going to be returned too. I believe I can demonstrate a clear effort to pay for the SAR request and clear effort to resolve the non-compliance before taking court action. As things are now looking like it will proceed to court, I say bring it on. I have done all I can to be reasonable and still have nothing to show for it.