Thanks chaps,enjoyed it...........lol

Can a mod please move this thread to appropriate area Just to let all in Nothern Ireland know of a success against ULster Bank albeit a small one Followed procedure dpa 8th Jan 2007 Statements arrived within the 40 days £251.45 unlawful charges sent perlim 27th feb 2007 sent lba 7th march 2007 filed in court 22nd Mar 2007 total amount with interest £406.47 Letter from ulster bank stating they will pay in full,without adimission of liability if i sign a letter they sent me asking for confidentiality and to stop the claim Sent letter back stating i will accept money as full and final settlement in this case only and i will NOT accept ant other preconditions. Money paid into my account 3 days later. I never seem many success stories against ulster on here so i just wanted you all to know that they seem to pay up once you file in court.

WON *********************************** woohoo.!!!!!!!!!!!! Can a Mod change my thread to WON!!!!!! OK heres how it happened. my S.A.R - (Subject Access Request) information finally arrived 92 days later!!!!!!!!!!!!!! Court claim response was due on 2nd may so i took a chance and rang Mr Wareing. Straight away he stated he wanted to settle the claim against mbna for non compliance to the data protection act. I informed him that i would be proceeding with the case as i was confident of a judgement and an award of damages and compensation, especially as i had a decision from the Information Commissioners Office regarding my case. He asked Is there any way in which we can settle this case I told him the only way i was even willing to consider it was if they paid out my damages and some compensation AND paid me all the unlawful charges on my account. (i have been through my statements and they owe me £560 .) Immediatly he had recall of my figures but i stated i would be asking for countractual interest on this amount as well. He ran away to ask his boss and rang me back 10 mins later. And guess what they paid me everything: Unlawful charges Contractual interest court fees damages on non compliance claim Small compensation for non compliance So from £560 charges they agreed to paid me £1250 cheque arrived 3 days later. So my advise to anyone fighting MBNA is to lodge a claim against them for non compliance at the earliest opputunity if you dont get your SAR, then when then want to settle, make them pay your charges and interest. I never even had to send one letter regarding my charges in the end!!! I think i could definately have pushed for more or made them sweat it out in court but my goal was to get my charges back and i remain happy with the outcome....!!!!!!!!!!!!!!!!!

Any luck yet carl?

NICE ONE!!!!!! Keep them honest til the moneys in your account Carl!!! Well done mate.

Update time....Lba came and went so i file in small claims court. Got a letter from Abbey saying they were still investigating but would be paying £100 into my account as a gogw. they then paid in £110. amended my claim and schedule and I am playing the waiting game now. Thanks for advice Advoc8.

Hows it going Carl? Did they manage to sneak in a defence or did you get judgement?

Rang them and spoke to a very nice lady. I asked her if mbna would be responding to my claim. She had instant recall of the response date and said MBNA would respond in the form of a defence(suits me), however could they please have my phone number and she would find out if the company wanted to respond to me directly. Sure why not, then I can say "Im sorry there is no one in the office who can deal with your call ! Can i get you a ringback??" Keep you posted

Sounds good to me Suzy. Some companies seem to think they can pretend to pay back money if the account has been closed. Your letter addresses that perfectly. At the very least you having in writing that they are agreeing to pay back the money. good luck!!

Sorry nemo, I am in Northern ireland, slightly different system here. Cost me £16.

I have also filed in court re non compliance to my SAR.Playing the waiting game now. I also complained to the ICO and have received there reply, see my thread for details. I agree with rhia press ahead with court action and try and drag them kicking and screaming into court for this one. They have no defence!!!!!

This is normal procedure from them curleybap. The office were they actually deal with these queries is in Dublin, but the address to send your LBA to is Ulster Bank Limited Retail Network Support Group Head Office 11-16 Donegall Square East Belfast BT1 5UB Post it here , then they deal with it in dublin. I have just issued a claim against them for my charges. Hope this has helped.

I hear what your saying Mrs Axe. Would you happen to have a phone number for their legal dept?.Im sick talking to the monkeys i need to talk to the organ grinder! Thought i might bluster a bit at them and tell them ICO have upheld my complaint and do they intend to defend my case? The only way i might even consider settling out of court is if they find out how much they charged me in fees plus interest and pay me it and then pay me compensation for stopping the case........not very likely i think... so perhaps a judgement against them seems more likely thanks again Mrs Axe....

Okay.update time....... I received a response from the ICO regarding my complaint. Not quite what i was hoping for it seems the Ico are not so much snowed under now, as buried under the bottom of an avalanche!!!!! Below is an snippet of their letter "As you maybe aware under the Act there are eight data principles.The sixth data protection principle requires organisations to process personal data in accordance with an individuals rights under the Act. Therefor if you have not been sent the information you are entitled to within 40 days, it is likely to be in breach of the sixth data protection principle. We would like to explain that due to the number of complaints we are receiving about failed subject access requests we are writing to financial instituitions on a monthly basis, sending them a "batch" of complaints. We will be writiing to MBNA europe bank ltd with the next batch of complaints at the end of March 07 and will of course include the details of your complaint in our letter. We will advise MBNA to ensure that they provide you with the information you are entitiled to as a matter of priority.Furthemore we will ask them to outline what steps they are taking to ensure their future compliance with the Act.Therefor although we will now close your case we would like to assure you that we will continue to carefully monitor this issue" I am a bit disappointedthey have not sent this to a case officer and investigated it properly, but i do understand why. I am so glad I filed in County Court for non compliance at the same time I lodged this complaint. I took a trip to my local court (belfast) were a very nice Clerk gave me the full tour, told me about the prodcedures and judge and reassured me to the point were i now cant wait to get into court!!!! Any one else had a similar reply from ICO?

Fingers still crossed mate!

You can complain to the ICO,but they are snowed under. i would file in court. there is wording for doing this in the templates library. i filed against mbna for the same thing and it cost me £16,but i am in northern ireland. Still worth trying the Ico route but it is going to take longer hope this helps

Try this address Beetlejuice THE DATA CONTROLLER MBNA EUROPE BANK STANSFIELD HOUSE CHESTER BUSINESS PARK CHESTER CHESHIRE CH4 9QQ However i would suggest you read through a few threads on here first as people are have trouble getting SAR compled with by Mbna. i have just filed complaint with ICO for non compliance.You definately need to tweak the templated SAR request and leave them in no uncertain terms that it is a SAR and not a complaint. Regards Beetle

WOW... that last post wasnt there a minute ago...........lol What happened intercity??

You cannot claim the S.69 interest if you are already claiming the contractual rate of interest. However you can add the interest, that they have added to your account, on your charges and then apply the contractual rate of interest. More information on this is available if you do a search on this site on 'Contractual'. Hope this helps mate, but i suggest you research it a bit yourself, Just to be sure. Regards Beetle

LMAO.....Im afraid there is a Mrs Leprechaun, so no matter how hard i guard it the damn croc will still leak...... I must be the only leprechaun with a pot of coppers at the end of my rainbow.....lmao

Sounds like a plan to me....go for it ...good luck

To be honest my view is that,although they are being anal, they are within there rights under the D.P.A. to "satisfy themselves as to the identy of the person requesting the data". However you could write to them stating that it took them nearly three weeks to ask you for this ID and you feel this unacceptable for a company of their resources, however you are willing to issue them with a further 7 days. After which you will make a complaint to the Information Commissioner and seek legal advice on seeking an order to make them comply. They are just stalling you like the rest so push them all the way. Regards Beetle

Thank you mrs Axe. I have already sent ICO complaint off. Do you suggest i contact them(ICO) and let them know i have filed a claim for non compliance? Thank you for you guidance oh wise one!!!!!

Battleaxe, please excuse me for hijacking your thread. I was wondering if you had an email address for the legal dept at mbna. I looked through the threads and all i could find was a phone number for Mr Wareing. P.S. i would be grateful if you could take a look at my thread now and then and offer any words of wisdom. Beetlebum Vs MBNA thank you

Dont hold your breath waiting for a reply to that letter either.!!!! LOL Beetle