Lucycat vs. MBNA (Alliance & Leicester)

[Lucycat]

Subject Access Request went off on this one on the 17th Oct and was acknowledged on the 24th - this morning we've received statements, the return of the Subject Access Request cheque and a goodwill offer of £295 - woo!

Nice to see they're taking it seriously (and nice to get the Subject Access Request cheque back at this stage - bless!) - full charges total is £575, and I'm biting the bullet and going after contractual interest on this one.

Have fully instructed the bloke (another of his accounts) and he'll be giving Gavin Theobald a ring to try and jolly this along - it'd be lovely to not have to take one of these to the wire!

The only sticking point at the moment seems to be that MBNA want to pay the refund directly to the DCA managing the debt, whereas we need it back directly so it can be divided equally among creditors by CCCS. Will be attempting to point this out later & stressing that we're sure DLC would appreciate the same courtesy when it comes to the application of further bank charge repayments - they didn't seem to mind when the Halifax refund money arrived!

I know there's been some discussion on this already (payment method), so will update how we get on - and if all else fails the Prelim plus contractual is ready to roll and will be hitting the post later this afternoon.

Lucy.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Your bank may try to kid you that they only have 6 years of data. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! - a nice little earner for your bank. Follow this link to see the discussions on this. You might even double the size of your claim.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[Lucycat]

Well, over two days we've left no less than five messages for Gavin Theobald, who once was on another call, once at lunch, once in a meeting, and twice has gone home for the day. All with a contact number, all with account details, and not a single call back. It strikes me that either Gavin Theobald is the hardest-working man in the company, or anyone asking for him is automatically marked out as a PITA and directed straight to the fob-off department.

Prelim with additional ranting going out in the morning - let's see how fast they reply when they see we're going for the charges plus contractual interest...

Lucy.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! - a nice little earner for your bank. Follow this link to see the discussions on this. You might even double the size of your claim.