Anybody Fancy Some Fun ?

[surreyscouse]

that's what i thought, will let you know what they say as i have left a message for them to come back to me. Thanks

[surreyscouse]

Jeez ! It's all happening today.

 

Had a phone cal back from MBNA advocates office. There really is nothing they can do regarding the missing statements. It was suggested that if I look at the previous and prior months statements then I could see what charges were added on to the account. ......... Long pause by me............... "I take it you are looking at the charges on your account to see if they can be refunded" Up until now, I have not mentioned charges at all. MBNA mentioned them first.

 

I said that the only thing I can do is look at the worst possible scenario as to what charges could have been applied and ask for them back on top of what I alerady know they owe me.

 

I was also told to write in for them to be refunded and it will be dealt with "in the usual way" .. Wooooooooooohhhhhhhhhhhhhhhhhh !!!!!!!!!!!!!! They are obviously deaing with a lot of these then.

 

I remained calm as the chap I spoke to was very polite. No point having a go at him personally if their disks that store the info have lost a load of my statements. Will keep you all posted.

 

Keep the faith !!!!!!!!

[dinghy]

It's looking good for you !

 

Have got MBNA in my sights too but haven't got round to them yet...

 

Busy concentrating on Egg, Cahoot & First Direct first...

 

Best of luck.

 

If you think they might settle amicably... then wait for that to occour. But I would still refer them to the commisioner for losing your statement once everything else has been resolved.

[surreyscouse]

Yeah, I 'll see how things pan out with them. if they pay the most I could have been hit with in charges for the absent months then I' m not sure how I would play it.

 

See what happens, I'll keep you posted.

[EricTheRed]

I sent them my LBA last Friday giving 14 days notice and lo and behold I got a letter (dated same day) with a complete list of statements from Kathryn Hand the Head of Customer Relations. My LBA asked for a refund of £1675 and after adding the statements up it is actually £775. Reading the statements I did n't realise I had paid the full balance off on more than one occasion, I did have a goodwill gesture from them in February and they refunded £150. Anyway I have written to them giving them 14 days from 28th April to refund the £775 or I will commence action against them without further notice.They have until 12th May or Hi ho hi ho its off to court we go.

[surreyscouse]

Update Guys

 

Ok, from the statement they have sent me I have over £300 charges. Reading between the lines on the others there is about another £200. So this makes me think that these have purposefully been missed out. Do the maths 60 statement and 7 cannot be given. So that leaves 53 on which there are £300 charges scattrered about. Averages a charge of £5.66 per statement. Yet 7 statements with £200 charges averages £28.57.

 

Perhaps I am being a but paranoid but it seems remarkable that periods of time when most charges were added consistantly they cannot provide the statements.

 

Anyway, 1 st letter sent today informing them I want £500 back, removal of late payments from my credit file or I will go to the IC and report them for a. not providing my details and B. not storing my details carefully enough.

 

Will let you know how things go. Not till next though as I'm now off to Ireland for a weekend on the beer ! Oh, and my best mate gets married there as well !

[dinghy]

Much as it seems suspicious I can't believe that they could be that duplicitous...

 

Can they ?

 

It would certainly add an extra element to any claim to the information commisioner though !

 

Have fun in Ireland... Have a guiness for me ! (really need a beer smilie !)

[dave]

Yes, they can - banks are the most devious institutions on the planet - I would put nothing past them.

 

They rely on people thinking that they are still respectable - they lost all respect some time ago, with constant lies and unlawfullness.

[blasthebank]

Have not sent DPA yet to these guys, but had an accident whilst i had my account running, lucky i had PPP with it. Yes they paid out a yrs worth.

But my balance remains the same, in excess of 12 k I am not back at work. Due to my accident. But wait till i hit them with the DPA charges.

I am sure my balance will drop considerably. They have been good though not registered any ccjs as of yet.

[Tia Tiara]

I will be gunning for them after I've finished faffing with Nationwide.

[dinghy]

Have fun in Ireland... Have a guiness for me ! (really need a beer smilie !)

 

Meant to post on Monday...

 

So how was your weekend SS ?

[surreyscouse]

weekend was fantastic. First visit to Ireland but will definately go back. Lovely people and very hospitable. The old liver took a bit of a hiding though !

 

Thanks for asking mate

[Andy999]

I remember from my banking training that proper records have to be kept for a certain period. This may be a Financial Services Authority requirement, or it may be part of the Consumer Credit Act.

 

If I can find my big book, I'll look it up and post tomorrow.

[surreyscouse]

nice one Andy, thanks

[Guest Lueeze]

its 6 years by the regulations, so they have to have that amount at least...

[dinghy]

its 6 years by the regulations, so they have to have that amount at least...

 

Which regulations ?

[Guest Lueeze]

im pretty sure its the FSA, but i need to double check it, cant find the thread i need...

 

Hold tight!

[surreyscouse]

The 40 days were up yesterday. 7 statements missing and no file notes from MBNA. What should I do from here guys ? Is there any devious way I can really stitch them up ?

[dinghy]

The 40 days were up yesterday. 7 statements missing and no file notes from MBNA. What should I do from here guys ? Is there any devious way I can really stitch them up ?

 

Speak to alanfromderby. He has just started proceedings against Abbey for non-compliance with DPA.

 

If you haven't already, start your action against MBNA using the figures as you believe them to be. They will have to disprove them.

 

With regards to the file-notes... I'm not surprised. I don't think I've heard of anyone that has recieved them. All to your benefit as it will be very difficult to prove manual intervention without them.

[surreyscouse]

Nice one Dinghy,

 

just dropping alanfromderby a line now.

[dinghy]

Nice one Dinghy

 

Need I point you in the direction of the scales in the top right corner ??? (hint hint nudge nudge ! :D )

[surreyscouse]

very subtle !

 

All done !

[alanfromderby]

Now, this is an interesting one as they are claiming that they have "lost" the information. My inclination would be to use the template letter for DPA Non-Compliance, listing the information you are missing.

 

They then have three choices:

 

1) To "find it" and send it to you within 7 days - problem solved.

 

2) To admit in writing that they have "lost" it - which would warrant a complaint to the IC, and possibly the FSA, for poor management of your data.

 

3) To ignore your request - which would warrant a county court action under section 7 DPA (Bank Template Library) - and in due course a complaint to the IC and the FSA.

 

This would not stop you continuing with an estimated claim - and should it be found later that the amount is significantly different then the claim can be amended at a later date.

[surreyscouse]

All points noted Alan.

 

Point three, what benefit does that serve me ? Do I claim compensation or something ?

[surreyscouse]

ignore my last comment, just read up on this in the library.