Thread: Robin Banks v MBNA **WON** but still fighting on !!

Hi All,

MBNA have responded to my S.A.R - (Subject access request) with quite a lot of information, including a copy of my original application form, with a big tick in the NO box for PPI . However I do not believe they have sent me all the information they hold e.g. they have sent a list of all account transactions dating back to July 02, but the account was opened in Nov 01. They included a list of telephone calls with a whole load of abbreviations that mean nothing to me but no transcripts or recordings .

Does this matter? can I just go ahead now with the letter claiming back my payments plus interest?

Nat West responded to my S.A.R - (Subject access request) with copies of my CC statements for June and July this year. As they have not complied with the S.A.R - (Subject Access Request) what do I do now? Is there any point in contacting them again or do I make a complaint and who do I complain to.

Thanks in advance

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Originally Posted by robin-banks

Hi All,

MBNA have responded to my S.A.R - (Subject access request) with quite a lot of information, including a copy of my original application form, with a big tick in the NO box for PPI . However I do not believe they have sent me all the information they hold e.g. they have sent a list of all account transactions dating back to July 02, but the account was opened in Nov 01. They included a list of telephone calls with a whole load of abbreviations that mean nothing to me but no transcripts or recordings .
Write to them again requesting those missing transcripts, you could as an alternative state you are willing to accept copies of the recordings.
Secondly remind them that information sent after an S.A.R - (Subject access request), should be understandable, making a request for a glossary, look at the link further down the post for some template letters.

Does this matter? can I just go ahead now with the letter claiming back my payments plus interest?
If you have all information on charges levied then yes, you could simply send them your demand for repayment.

Nat West responded to my S.A.R - (Subject Access Request) with copies of my CC statements for June and July this year. As they have not complied with the S.A.R - (Subject Access Request) what do I do now? Is there any point in contacting them again or do I make a complaint and who do I complain to.
You could write with a reminder of their obligation to supply all data held, use this link to some template letters, which can be amended as needed
http://www.consumerwiki.co.uk/index.php/Data_Protection_Act:_Non-Compliance

Thanks in advance

I've got problems with getting the link to work within the quote so its now below, Don't know where I went wrong sorry.
Data Protection Act: Non-Compliance - Consumer Wiki
Regards
Andy

Hi RB

What an absolutely disgraceful bunch MBNA are .

They have acted unlawfully, unprofessionally and are clearly in breach of the Principles of Business under the Financial and Markets Act 2000 and which are legally binding upon MBA in selling a financial product to you. You have quite clearly ticked the 'No' box and yet they have added PPI (with interest) to your account.

They are being tardy (I'm being generous here!!) in supplying you with all information requested in your SAR. Now they are clearly engaging in retaliatory behaviour in bumping up your interest.

They would have a pretty difficult time justifying such actions in a Court of Law RB. You have quite clearly been mis-sold PPI and now they want to take you for an extra ride, bumping up your inerest rate and extracting yet more money from you ...

I would suggest that you wait until the 14 days have expired, as per your recent letter. You are after all a reasonable person and stick to timescales (this will act in your favour should you go to Court).

When the 14 days has expired, send your lba reminding them of the fact that they:

1. Haven't supplied transcripts which is a clear breach of the Data Protection Act 1998
2. Have acted unlawfully [...] (see my first paragraph)
3. Are engaging in retaliatory behaviour in putting up your interest rate

You demand full return of all PPI payments made together with the interest applied.

You will then give them a further 7 days in which to re-consider their position before commencing court action. Remind them that should this be necessary then a further 8% statutory interest will be added to the claim.

IF you would like some help in writing the letter, please let me know. I'm happy to oblige

OK RB, what do you think of this which you should send off by first class signed for post and keeping a copy for your records. Dont forget to send it after the current 14 days expires to follow proper timescales for MBNA response:



Date



Re: Account XX


letter before action


Dear X


I am in receipt of your letter of (date) and am extremely disappointed in your response to my request for information relating to the selling of PPI on my (loan/credit card) account within the Data Protection Act 1998. You have failed to provide me with a complete list of all transactions on the account, nor have you provided a true and complete transcript of the telephone sales recording nor an audio copy of the same.

I hereby request the provision of this information within 14 days of receipt of this letter. Failure to do so will result in my lodging a complaint to the Information Commissioners' Office for a breach of the Data Protection Act 1998 on your part.

I assert that I have been mis-sold Payment Protection Insurance (PPI) on this account as at the time of taking out the loan/credit card, I quite clearly stated on the Application Form (which you have provided a true copy of as signed by me) that I did not wish to purchase PPI. Despite this, you have added PPI to the account which is a clear breach of the Banking Code and of the Principles of Business which are legally binding upon you within the Financial Services and Markets Act 2000 and laid out in the Financial Services Authority Handbook.

Notwithstanding this, I should add that The Financial Services Authority (FSA) provided guidelines at the time of taking out the loan in (name the year here) which your organisation should adhere to while making both Advised and Non-Advised sales. "The customer must [...] receive sufficient information on the product to enable them to make an informed decision as to whether it meets their own demands and needs." (FSA)

The cover was not mentioned to me at any point during the sales process. Furthermore, I did not receive any information, either by letter, document or telephone call which followed the above guideline. The documents that you have provided copies of do not contain any of the information that I have outlined above and cannot, therefore, be deemed as meeting the standard of care which you should have provided.

Your letter also states that you are increasing the interest rate on the account from X to X which I deem to be retaliatory behaviour on your part in response to my complaint about mis-selling. This response is wholly unacceptible and as such I will be reporting your action to the FSA who take the matter of "retaliatory and punitive measures" on the part of lenders to borrowers' complaints extremely seriously.

I reposed absolute trust in your ability as a respected financial institution to provide a reasonable level of care and skill in ensuring that my best interests were met when taking out a loan/credit card with your organisation and in treating me fairly when dealing with my complaint. This has not been the case and I am extremely shocked and disappointed.

I request the return of (insert amount here plus interest) within 14 days of receipt of this letter by you. If you do not comply with my request, I will have no option but to commence court action against you for return of monies. I should remind you that the FSA take the issue of mis-selling of PPI extremely seriously and in many cases, have imposed large fines on financial institutions who are in breach of regulations. I should also remind you this should matter go to court, then an additional 8% Statutory Interest will be added to the sums owing.

I look forward to your early response.

Yours sincerely


R-B

Forgot to add RB, can you start a separate thread for the Natwest claim.

Draft lba any comments please.

Account NO XXXX XXXX

Dear XXXX

Final Notice before Legal Action
I enclose a copy of the letter sent to you by recorded delivery on the xxxxxx. I have given you a reasonable opportunity to resolve my complaints listed below.
1.The information sent in reply to my S.A.R - (Subject access request) was incomplete in that recordings or transcripts of telephone calls were not included. This is a clear breach of the Data Protection Act 1998.
2.You have acted unlawfully and unprofessionally and are clearly in breach of the Principles of Business under the Financial and Markets Act 2000 which are legally binding upon MBNA in selling a financial product to me. In that I have quite clearly ticked the 'No' box and yet you have added PPI (with interest) to my account.
3.You are engaging in retaliatory behaviour in that the interest on my account was increased from xx% to xx% following my SAR. This is in clear breach of FSA regulations.
As you have failed to do so, I have now been left with no alternative but to seek legal redress through the courts. Unless this matter is satisfactorily resolved within the next 7 (or 14?) days I will instigate legal proceedings without further notice. I will be seeking a full refund of PPI payments plus the interest you have charged plus 8% statutory interest. The cost of this action will be added to my claim.

Yours xxxxxxx



I have just had a DOH!! moment when checking my credit agreement and the reams of paper included in the SAR response. There are actually 2 agreements the one I have been refering to up to now from Nov 01 and an earlier one from FEB 98. Same scenario though ticked NO to PPI but no way of checking if I was paying it as they have only sent statements dating back to Jul 02 (6 years from date of SAR) Seems the second application was an upgrade to Platinum. Any ideas????????

Evening RB

Can you PM a Site Helper and ask them change the thread title to remove the Natwest bit ...

If you have two agreements, do they refer to two separate accounts? You don't say whether these are credit card accounts, but I'm going to hazard a guess that they are.

Can you cast your mind back and remember how you came to have two accounts and let us know why so that I/someone else can make suggestions as to how you may proceed ...

OK hun, thanks for clarifying. Send the lba as detailed above for the second account and send another S.A.R - (Subject access request) for the first account.

I know that you shouldn't have to pay another £10 for the second set of information as you are entitled to receive all the information they have on you for as many accounts as you may currently have or have had in the past.

So, you can refer to this fact in your second SAR reminding them that you have already paid the statutory maximum fee of £10 for all info they hold on you, name the account which should include:

1. True copy of the Application Form as signed by you
2. True copy of Credit Agreement as signed by you
3. All statements for the account
4. Transcripts of the telephone sales conversation and/or an audio tape of said
5. The Terms & Conditions of the Credit Card to include those relating to the PPI element.

... and while you're on ask for a nice bag of sweeties ...

... sorry, being flippant there LOL


When you get the stuff, you'll be able to see whether you signed up for PPI and if you were paying it.

Painty x

Originally Posted by robin-banks

Painty

Thanks again for a swift reply,your a star

I have a copy of the original credit agreement (Feb 1998) with PPI ticked NO, they sent me that with the first S.A.R - (Subject access request) (for CC in 2001) but absolutely nothing else relating to that account. I will send them the below letter, any suggestions on beefing it up would be appreciated.


Re: Account X

Dear Mr xxxx

Thank you for your response to my Subject access request (S.A.R.) dated xx xxxx 2008. Unfortunately the information sent in reply to my S.A.R. was incomplete, in that copy recordings or transcripts of telephone calls between your company and myself were not included for the above named account.

I would like to remind you at this point that the £10 fee which I paid to you at my original SAR is the statutory maximum fee payable for provision of all information held on me for all accounts held in my name, whether closed or current.

Furthermore you have included one document from Feb 1998 and one from xxx 01. I find it difficult to believe that this is the only information you hold between the aforementioned dates. This is a clear breach of the Data Protection Act 1998 and I request that you fulfil your obligation to provide me with all the records you hold. Failure to provide this information within 14 days of receipt of this letter will result in a complaint to the Information Commissioner's Office by me for a breach of the Data Protection Act 1998.



Yours xxxxx

I've 'beefed' it up for you RB with my additions in red; will that do?

1. I suppose 21 days would OK if you respond as soon as you're able.

2. With the court route, yes file your N1, but I don't imagine it woul dever get that far; can you really imagine them standing up and justifying the addition of PPI to a loan when you had clearly ticked the NO box? I think they'll crumble and pay up ...

How long would you be away for?

Try UKaviator to get your thread tielt changed, he's usually very efficient.

Er, 'scuse me young man , Natwest have added something that you expressly stated you didn't want.

Yes, you didn't initially notice it on your statements, but you have now and are aware of where you stand ... and where NatWest stand ... and they are going to pay you back every penny with interest that they have charged you for a product they have unscrupulously and unprofessionally added to your account!!!

Let's see what happens after you submit your lba and NatWest's response ...