MBNA SAR Request

[Stagparty]

Hi All

 

I recently wrote to MBNA using the standard letter on here requesting a SAR and enclosing a £10 postal order. They have replied saying that although they send statements to my address they want positive ID including a signature. I'm obviously wary of supplying a signature to them, can anyone suggest how to proceed?

 

Thanks in anticipation

[cashins]

They never give up do they!

 

Yes they seem to be able to get away with asking for ID, (quoting Data Protection of course), but their is no requirement for you to give them your sig.

 

Suggest you photocopy ID to send them and if it has your sig - blank it out.

 

David

[Stagparty]

Thanks for the reply David, do you know of any case or precedent I can throw at them along with my refusual to send them a signature?

[davey77]

The ICO has confirmed (i understand) to others here that in a case where the creditor has been writing to you by name.. using your address, quoting an account number and even demanding payments.. then they know FULL WELL who you are and it is unreasonable of them to suggest that all of a sudden they have doubts about your identity.

 

Certainly, if you haven't had any communication from them for a long while (months/years) they have a duty to ascertain your ID but these attempts are usually just a method to get hold of your signature and/or further information about you.

 

Their reply is seen mostly as a frivolous attempt at avoiding giving you information you are entitled to. Therefore write back and inform them that, under the above circumstances, their request is unwarranted and your request for information stands. If they fail to agree, make a formal complaint to the ICO and enclose previous correspondence showing that MBNA know exactly who they have been communicating with.

[Stagparty]

Thanks for your help Davey, has anyone else had a similar response from MNBA? And if so, did they capitulate and provide the information requested?

[Stagparty]

Anyone?

[Massamum]

hi there, this all sounds very familiar I received same letter from MBNA today. Can't help anymore than that I'm afraid as just starting out myself.

 

Cheeky wotsits aren't they.

 

my thread is here if you want a read.

[Stagparty]

Thanks Massamum - I'm glad to learn they aren't giving me special treatment!

 

What have you decided to do now?

[Stagparty]

I've just tried the link in your reply Massamum but it seems to link back to the index, do you have a more precise link please?

[Massamum]

Hi Stagparty, for some reason this keeps happening to me (hmm, think I need to read the dummies guide again). If you go to search at the top and type in MBNA debt bought by Link - don't know what to do - can anyone help please? It should bring it up for you.

Not sure what to do about the SAR thing, I will keep looking for the letter cos I know I saw it here somewhere. If not, I’ll try and put something together along the lines of davey77’s advice.

 

 

 

What are you going to do?

[Stagparty]

I'll have a look for the letter too, if you find it before me would you please be good enough to either post a link here or send me a PM?

 

I'd much rather be able to quote chapter and verse at them so they can't wriggle too much - prefer to see them squirm

 

Also if anyone else can point us in the right direction there are at least 2 CAGGERS who will be grateful to you.

[wangster]

i know the rule is never speak on the phone, but could you not ring em, complete the security questions (which they calss as ID'ing you) and confirm you have made the request.that way you have no issue with sending a signature? just a thought....

[42man]

They can ask for a signature, this aspect of SAR's did appear on the ICO website a while back....i'd say sign but put crosses through it so it can't be lifted.....

[Undercover-Elsa]

Hi,

How about putting your own signature box on the letter and signing over it to prevent copying. I'd still put XX through it too as 42man says and of course it wouldn't stop a creative hand forger! How about handwriting your full name or changing it from your normal sig in a unique way, then scan a copy of the letter before you send it. Geeez we wouldn't be so paranoid if we didn't know what dirty tricks people get up to!!

Knocked this signature strip up in photoshop (help yourselves ):

[Massamum]

Sorry SP, have been looking for the letter but without luck. But I did happen across more template letters and it looks like the SAR I sent was incorrect (what a twit), so have sent the one that I found (by 42man) much more info requested on it than the previous one I sent and I signed it with crosses through. I’m sure that a signature done like that will be ok and ‘unliftable’.

[Gazza112]

Thanks for your help Davey, has anyone else had a similar response from MNBA? And if so, did they capitulate and provide the information requested?

 

Hi Stagparty

 

Yes, had the same problem they asked for a copy of my pastport or driving licence for ID.

I replied i've not got either a pastport or driving licence.

If you write back saying the above, your get a letter please contact them by phone which i did in the end. It's only a couple of security questions you answer and that's about it.

 

Gaz

[Stagparty]

Gazza

 

Thanks for that - it looks as if I got an identical letter to you. I was thinking of replying along the lines that neither are available, certainly not to be sent through the post, and that they had been happily communicating with me by letter about none SAR related matters. I was also going to offer to send them a private message on their website. As you've managed to get them to accept details over the phone I might just call them myself. Once again thanks for your help.

[diddydicky]

if you reply by phone (and i wouldnt anyway) make sure you 141 the call so they don't get your number

 

also if they dont know who you are how do they know who you are on the phone

 

personally i would reply and be straight with them

 

quote the advise straight from post 4 above and tell them that they have been writing to you at that address and disclosing sensitive information for a long time without requiring identity or signature and that you beleive that the real purpose in now asking for this information is an attempt to thwart your request.

 

tell them simply that your signature will be "crossed" on your letter for security purposes

 

start off as you mean to go on and let them know that you are not going to play their games or sing to their tune

[diddydicky]

p.s. you could also ask why they replied to your letter at that address if they have doubts that you live there!

[diddydicky]

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2009 in which you say that you will not comply with my request dated xxx under s.78(1) of the `Consumer Credit Act 1974 unless I provide you with a signature.

 

There is no requirement under the Act that require a s.78(1) request to be accompanied by a signature, and I am unable to accede to your request.

 

Further, I note that you have sent statements and correspondence containing sensitive private information to me at same address as that detailed in my s.78(1) request. If you are concerned that you are corresponding with the correct person I wonder why you have not verified the information before.

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998. The time to confirm my identity was before you sent your first threat letter.

 

My request for a true copy of my credit agreement under section 78(1) was made on xx/xx/2009 and the 12 working days for your compliance expire on xx/xx/2009. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

Please now comply with your legal obligation without further delay.

 

 

adapt CAA for SAR and put in the other sentances suggested

[Stagparty]

Diddydicky

 

Please excuse my ignorance here, but as I thought a SAR request was a Data Protection Act issue rather than a Consumer Credit Act issue how does a s.78(1) request apply?

 

Thanks for the draft letter by the way...

 

SP

[spartathisis]

MBNA sold my debt to Cabot 10yrs ago, but thought i would send SAR to see what they had. They requested ID so had my son knock me up a near identical drivers licence with fake sig, just in case, and it was sufficient for them.

 

2 letters confirming no CCA available, bits n bobs of data, but the surprise was that after 10yrs they still had my details on file.

 

I then asked them to remove data, but they have replied stating that I signed agreement giving my permission to process data (no CCA available remember) and so they are allowed. I contacted ICO and they informed me that as there is no specific date line for holding data it is up to each co to determine "reasonable time"!! In effect forever.

[Stagparty]

Based on the comments by Diddy how would something like this suffice?

 

Dear Sirs

 

Re:STAGPARTY

 

I refer to your letter of x and must confess I am surprised to note you have returned both my letter and postal order and decided you need "positive proof" of my identity. Whilst I must applaud your apparent desire to safeguard my identity I must enquire why you choose to do it now rather than, for example, you passed my details to RMA in order for them to attempt to harrass me or when you wrote to me regarding the budget form I sent you? If I were being cynical I would be forced to conclude that letter is merely an attempt thwart or delay my request.

 

There is no requirement in the Data Pretection Act for me to provide my signature, I am though happy to enclose a recent utility bill as further evidence of my address.

 

I have also enclosed the original letter outlining my request together with the £10 postal order and look forward to you now complying with the requirements of the Data Protection Act without further delay. Should you choose not to comply with my lawful request I will have little option but to report the matter to the Information Commissioner.

 

Luv n hugs

SP

[diddydicky]

i DID say to adapt it from CCa to SAR (i was just being lazy- its late!)

[Stagparty]

LOL Diddy, I know you said to adapt it but I didn't quite know how - I'm still new to all this and finding it all quite bemusing. Does my proposed reply look ok? Thanks for your help - it IS appreciated!