JW 'v' MBNA

[jowalshy]

Hello to all here.

 

Just a quick question... I sent SAR 26.02.07, they replied 05.03.07 thanking me for my recent communication and that they will be investigating my complaint and give me a full response by 26.03.07. I phoned the number on the letter to inform them that I was only after copies of my statements for the past six years and was not complaining as yet. I was told that I would have to pay £2.50 per statement! I did send them a cheque for £10.00 with my letter, and they told me that they would not be cashing it and would only give me a printout of my transaction history the the past six years.

 

Will keep you informed

[jowalshy]

Hello again to all. When I phoned MBNA yesterday, they said something about sending them proof if identity. I can't remember whether this is for the transaction history or copy statements. Can anyone help or shall I wait until Monday to ring them again. I would like to know now so that I can send the appropraite documentation today.

[Cornucopia]

Hello again to all. When I phoned MBNA yesterday, they said something about sending them proof if identity. I can't remember whether this is for the transaction history or copy statements. Can anyone help or shall I wait until Monday to ring them again. I would like to know now so that I can send the appropraite documentation today.

 

Hi there, delaying, delaying, delaying, that is all they are doing! They are not allowed to charge you £2.50 per statement, that is absolute poppycock! £10 is the fee for a full SAR. They will write back to you not fulfilling your SAR but asking you to provide ID with a form attached to tick off boxes. They will also send you transactions printouts! This is not what they are supposed to do.

 

If you want, send them a copy of your ID, ie : passport and driving licence along with a photocopy of your original SAR and tell them that they have x many days left - stick to your timetable not theirs!

 

Buggers!

 

 

Hope this helps!

[Rhia]

If your experience is anything like everyone else's on this thread I would pursue them for the full Subject Access Request which will give you your statements as well as the other information I am 100% sure you will need in the course of your action.

It appears that MBNA is using delaying tactics to stop people a)claiming their refunds and b) (and this will be the biggie) delaying access to records copies of the original executed agreement.

For your £10 you can ask them for all of this and you will need it. Tell them that as you have already sent the cheque and they have confirmed they have received it remind them the 40 days runs from the date of the original SAR request. Tell them you want all the info including notes, audio and electronic media held by them. Send them a photocopy of your driving licence. I am against doing this as they know full well who you are but don't give them another chance to delay.

Make sure you get someone to witness that you have included the cheque as this is another thing they are claiming no cheque. Don't take any nonsense from them and if they don't comply within the 40 day deadline eport them to the Information Commissioner and start a claim in the County Court.

And please add yourself to the thread I have started as we are putting together a group complaint to FSA.

[jowalshy]

I remember saying to the chap "so if I send a photo of myself to you, you will know that it is me then"!!!! . He just replied by saying that that was the rules. I will copy my drivers licence now and send it first class today, just incase.

 

Many thanks Cornucopia.

[jowalshy]

Hi Rhia, Do you have a letter template I can use for this?

[Rhia]

Now this is a version I bastardised to suit myself and have removed personal details. It may seem a bit over the top but because of the way MBNA is behaving you will need to cover all angles. Someone may even hop along and add or change this version and if they do I am quite happy for any improvements they may make.

The Compliance Manager

MBNA Europe Bank Ltd

Chester Business Park

Wrexham Road

Chester

CH4 9FB

Data Protection Act 1998

Subject Access Request

 

DATE

 

Dear Sir/Madam

 

Re: MBNA Europe Bank Ltd

Account:

Please supply me with all information you may have registered about my account with your company. In particular I request information which includes, but is not limited to, a true legible copy of the original application form and a true legible copy of the actual executed agreement as well as statements of the account from XXX date to the present date.

I also need to see the renewed, signed and fully executed copies of the credit card agreement to include all terms and conditions which should have been issued when a new credit card was issued as laid down in S85 of the Consumer Credit ACT 1974. I also request to see full details of the deed of assignment which you have allegedly supplied to XXX (if they have dumped you onto a DCA)

I require disclosure of any indication or notes which you hold and notes of all telephone calls made to me by your call centre staff both in the UK and any offshore operations either within Europe or elsewhere in the world. This data is to include all written, audio and electronic correspondence and data.

I enclose the statutory maximum fee of £10. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I don’t think I need to remind you that you have just 40 days to supply this information under the Data Protection Act.

 

 

Yours faithfully,

 

 

[jowalshy]

Hi Rhia thanks for the above but when I phoned them yesterday they said that they will be sending my cheque for £10 back. Shall I wait for this to return or shall I hit them now with the above and send them a new cheque?

[Cornucopia]

Hi Rhia thanks for the above but when I phoned them yesterday they said that they will be sending my cheque for £10 back. Shall I wait for this to return or shall I hit them now with the above and send them a new cheque?

 

Don't bloody send them a new cheque! LOL! They've got one, send the letter and tell them that they are already in receipt of payment!!! Otherwise, they'll keep telling you you need to send more £10.00 cheques and before you know it, they'll have a nice holiday fund and we won't see them for dust!!!!

 

Am being tongue in cheek!!

 

No, the point is, you have paid them, they haven't complied, pay them no more!!

[Rhia]

They are total and utter (fill in your own expeletive). Yes send them another (signed for post and get someone to witness what you put in the nevelope preferbly the post office clerk) and remind them the clock is ticking and unless you receive the information requested within the legal deadline (remind them of when it is up) you will report to Information Commissioner's Office and the Financial Standards Agency AND start a county court action for disclosure.

This utterly illegal. I am sure their bosses in the US of A are getting pretty hacked off with we damned Limeys upsetting their corporate applecart, after all they probably thought they could wipe up over here. Hence the instruction to obstruct. I have read somewhere else on CAG today that our revolt has spread to the USA. Wonderful, just wonderful.

 

Use the full weightof the law and have I asked you to add your thread to our group action see my own thread? If not please join we are starting a mass complaint with the FSA.

[jowalshy]

Where is the thread????

[Rhia]

It's called MBNA Group Question and at the moment is top of the MBNA forum. Corn may be right about sending a new cheque. Yes in fact she is. Again say you have the cheque here's the bloddy ID now the clock is ticking rapidly.

[jowalshy]

Thanks Rhia

[jowalshy]

Does anyone know what forms of i.d to send. I have done a copy of my drivers licence, but I don't know what else they will accpet.

[Rhia]

Photocopy of passport, utility bill etc. They only asked me for one - they keep upping the ante.

Frankly I'd send them one and add a line that they seem to be perfectly happy with your ID for the purposes of taking money off you, sending statements, telephoning etc etc.

I believe the rule for asking for ID is only if they have had no prior dealings with you in which case it's perfectly reasonable. In this case it's being used as a delaying tactic. I don't know what the 40 day is with yourself but I would add the actual date and also add a line that no further correspondence will be entered into. If the deadline is breached it's ICO and county court.

Did I also say highlight the words a copy of the original executed agreement followed by as well as a copy of the original application form. The application form on its own will not suffice.

[jowalshy]

Hi Rhia, I thought that photocopying your passport was illegal! I have done a photocopy of my drivers licence instead and a copy of my recent gas bill. I have also added to the letter about the previous letter sent and that the 40 days start from the date of that letter. I will also the ICo bit aswell. Thanks again for your help and I will let you know how I get on.

[jowalshy]

Hello again, I sent another SAR registered post yesterday (with a CAG sticker attached!). According to Royal Mail it has not been delivered as yet. Last time I sent a SAR to them it was signed for the very next day. Are MBNA trying to stall again by not accepting registered post?

[jowalshy]

My letter has been signed for today, so I shall now sit and wait for their reply. Hopefully it won't be too long, and hopefully they won't be sending the same letter I received before. I am not complaining this time so it should go straight to eh SAR pile and not the complaints pile. I will keep you informed as and when thing hopefully happen.

[jowalshy]

Received a letter from R Vernon in the compliance department acknowledging the receipt of my £10.00 and the copies of my i.d I sent. Apparently MBNA only requires one form of i.d and sent back the copies of my utiliy bill and my tax credit form. So for those of you just starting to send a SAR, enclose a copy of your drivers licence as this seems to satisfy them. They are going to provide me with a copy of all my information within the 40 days allowed by the terms of the Data Protection Act 1998. I hope they realise that the 40 days started 25.02.07.

 

I will keep you informed as and when things happen.

[jowalshy]

I have just looked at the first letter I received from MBNA and the account number differs from the account number on my credit card statement. Is this normal? Do I have two account numbers or has MBNA quoted someone else's number on my letter.

 

P.S According to their letter they "will provide me with a full response by March 26th". Does that mean I will get my info then?

[Castlebest]

Oh dear, I'm going to have fun here Good Luck Jo

 

pete

[jowalshy]

Hello Pete, I didn't know that you were here aswell lol Arte you claiming MBNA aswell

 

Jo

[Cornucopia]

Hello Pete, I didn't know that you were here aswell lol Arte you claiming MBNA aswell

 

Jo

 

LOL! I love this friends meeting on threads business!

 

Jo, I can't answer your question re : differing account numbers. Maybe ring MBNA and ask? Or hopefully someone will jump on and clarify. Hence my bump.....

 

Good luck love, keep us posted and we'll try and help you through:)

[jowalshy]

Just rang MBNA (the second time - first time I was holding on for over 20 minutes) They told me that they had re-numbered their accounts and that the number on my letter does relate to me.

 

Thanks Cornucopia. I don;t know what they are going to say to me my the 26th, but hopefully it will be a copy of my transactions.

 

To everyone else - when submitting a SAR Do not mention in it about reclaiming charges as this just puts your letter into the complaints pile. Just say you want your info.

[jowalshy]

Well, according to their letter they should have responded to my SAR by 26th March! What a surprise - nothing received.