Anybody Fancy Some Fun ?

[surreyscouse]

AH ! Talk about changing their story, they told me yesterday it was sent recorded delivery but then this email has just turned up !

 

surreyscouse,

The letter in question was not sent by recorded delivery, but rather by first class Royal Mail post. You should therefore receive the letter today or tomorrow.

Kind Regards

Gavin Theobald

They are just playing games now !

[surreyscouse]

Good point there Dignhy, although most companies (my office included) do not have the preview plane on the inbox in case a virus comes through.

 

Just a thought here, but they can't reapply the charges can they ? I only say this because I am now game on for turning 'em over !

[surreyscouse]

Well, if they did (and surely they are not that stupid) then I have the perfect argument. I kept the charges and the breaches of the DPA completely seperate. In their response to me they dealt with the charges and concluded that section of their letter. They then turned to the DPA section so although they wrote one letter for the lot they did deal with each item seperately as far as I am concerned.

 

I think they are really under the impression they have done no wrong although I can see clearly that they have breached 3 of the 8 data protection principles. It's gonna take me ages to write out my court summons !!!!! I'll enjoy doing it though

[surreyscouse]

Do you have anything that unequivocally states they were repaying them ?

 

Their letter goes on about charges being fair etc. but then says in order to bring to swift conclusion I have credited your account with £510. I think that's good enough

[surreyscouse]

Hello Martin, welcome to the thread, glad you are being entertained !!!!!

 

Just a further thought though. Gavin Theobald replied to my email but there was not a read receipt from him, although there was from Stuart Johnson. Anyway, 45 minutes until my nxt email requesting a copy of the letter, I pretty much gurantee that will be ignored as well. The Mrs gets home about 2.30 anyway so she'll let me know if anything turns up today ! I reckon it will arrive tomorrow so I have to dwell on it for the whole weekend, they are rather devious like that !

[surreyscouse]

Chaser as promised by email:

 

Dear Mr Rhodes,

There appears to be conflicting information regarding this letter. I was informed yesterday that the letter was sent recorded delivery, yet this morning I have received an email from Gavin informing me it was sent 1st class unrecorded. That aside, midday has been and gone and I have not received an electronic copy of your letter. I have assumed this is an oversight on your behalf and look forward to receiving the electronic copy by return of email.

In consideration of lunch hours, I will contact you again at 2.30pm today if I have not received the letter.

Kind regards,

surreyscouse

 

Absolutely no chance of a response !

[surreyscouse]

Weirdest thing just happened: Had 4 read recipts all come through at once from Michael Rhodes. These range from 8.52 this morning to 12.46 this afternoon. Then received a read receipt from Gavin Thobald from my initial email this morning which he replied to followed by another from the one sent at midday.

 

I think their server is cracking under pressure as well ! :lol:

[surreyscouse]

Thanks guys ! MBNA know I am a nutter and that really do hate them, they are already expecting the following email which has just been sent:

 

Dear Stuart,

Many thanks for your letter dated 19th May 2006 which was received by recorded delivery this morning. I have not personally seen your letter nor it's enclosures yet, but I have had the contents of your letter read to me over the telephone. I have not yet been informed as to exactly what the enclosures are with your letter.

 

I accept that you have credited our account with the sum of £510. Unfortunately, in the time elapsed since my claim commenced, you have applied a further £50 in "fees" on my most recent statement which was received yesterday. Please can you confirm to me whether you are willing to credit those "fees" to the account without delay. If not I will have to commence a further claim for this amount.

 

Additionally, I believe that the interest that is applied to our account is unsustainable and far exceeds the current base rate set by The Bank Of England. Additionally, relations both ways between MBNA and myself have been strained for quite some time and that we should try to resolve matters amicably sooner rather than later. My proposals are:

 

1. Interest is frozen on the account with immediate effect

2. We agree between ourselves a manageable set amount each month that we pay

3. Our credit record do not show any "arrangement to pay". You just merely report payments as being on time

4. I would ask that you consider a "short payment". I understand other customers of yours have been offered and taken advantage of this

 

Please can let me know your considerations of the above proposals. A set amount each month will be much more convenient as you no longer allow me to have access to my account online. A direct debit mandate/standing order form would be required for me to complete.

 

I would direct you towards point 4 of my proposal. As you are aware, the information requested under my data protection act request was very much incomplete after the 40 days period allowed by the Information Commissioner. I have incurred extra costs since the 40 day period expired and I am entitled to claim these back along with a claim for distress via our legal system. In the interest of economics, may I suggest you offer a significant reduction in the account balance in order to reflect these potential damages and the large saving you would make in not paying legal fees should I choose to instigate a claim against yourselves. An informal agreement on this amount will prevent any further action being taken on my part.

 

Once again, many thanks for your letter and as always, please feel free to contact me with any queries you may have. You have my mobile number.

Kind regards

surreyscouse

 

 

So there you go. Nowhere near finished. Good to hear from so many of my cyber friends already with well wishes. I have been helping people out on here for weeks and giving names,numbers and advice without even knowing how my own claim was going ! I knew deep down they would just cave in with their first response as they know how difficult and awkward i can be when I want to !

 

I will let you see his reply !

 

I Love this site !

 

 

Anyway, the Mrs has just read the response over the phone to me.

 

Here's the upshot, they have refunded the other £50, no surprise there then.

 

My 4 points for resolution

 

1. Interest will not be frozen under any cirumstances. Move your balance to another card

2. Yeah, we will agree a reduced payment plan and record it on your credit file. Fees and interest will be frozen (er, answer to point 1 meant what ?) Fill out the attached forms and send them back to prove what you earn and spend.

3. We will record all info on your credit file to try and screw you up as much as possible

4. Yes, we will consider a short payment.(Took me bit by surprise) Please contact us with your offer.

 

Ok, so that is basically it. No mention whatsoever of their DPA breaches.

 

I need to have a proper read of their letter over the weekend. I will then send a fax to them giving 7 days to settle for damages and distress for their breach. Damages are mobile phone costs, ink, envelopes, fax charges, stamps, paper, plasters (for my paper cut when sealing envelope) . Distress, well clearing the balance should cover that one !

 

Any ideas on how we can have a bit of fun with this lot. Balacne about £4k at the moment, £25 settlement a good starting point, they are already very familiar with that figure after all ! !!!!!!!:grin:

[surreyscouse]

he did say that this would be recorded. I think I might be better going down the "I'm suing you for DPA breach route" and see what sort of response that gets. Surely I'm right in thinking it would cost them more than £4k to deal with the court summons and defend in court ?

[surreyscouse]

Well I think I kind of made that suggestion in my letter which they have chosen to ignore. I think they are trying to call my bluff on this one, I think I will send a stern fax when I'm back in the office on Wednesday giving them 7 days to sort their act out, if nothing by then I will issue the summons.

 

The end of their letter said that there will be no more reductions on the balance (did not mention why) and said I am free to take whatever action I want under current legislation. I will read it properly later but that is a "come on, let's have it" sort of comment !

 

It was raining heavily this morning so I put on my shell suit jacket that I wear for playing footy, so I have some proper Scouse attitude today !

[surreyscouse]

erm ,,,,,,,,,,,,,,, what ?

[surreyscouse]

Right guys, probably can't post until next Wednesday, will catch up with you all then. Have a great weekend, off to get smahed and take a concert in ! C-ya later !

[surreyscouse]

Hello guys, sorry for delay in coming back, been away from a computer since last week, anyway, here is the fax that will go off a little later this morning,

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

 

Dear Sirs

 

ACCOUNT NUMBER: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

 

I am in receipt of your letter signed by Stuart Johnson dated 23rd May 2006 and duly noted your comments.

 

Despite making reference to my email dated 23rd May 2006, Mr Johnson has completely omitted to make any reference to your obligations under the data protection act, which have quite clearly not been maintained.

 

I faxed you on 16th May 2006 informing you that you had a period of 7 days to consider your companies position before I issue court proceedings to recover costs and damages directly due to your breaches of the data protection act.

As Mr Johnson has not addressed this issue at all, and the file notes that I have received, albeit incomplete, clearly show that the data protection act has been breached, I am prepared to allow a period of seven days from the date of this fax for you to consider your position further.

 

Should I not receive any meaningful dialogue from your company at this time relating specifically to this issue, I will have no alternative other than to issue proceedings without further notice to yourselves. This deadline will expire at noon on 7th June 2006.

 

I am formally putting you on notice that should this matter have to be resolved in court, you will be required to explain exactly how your penalty fees are broken down and full details of how my personal information is used and stored and full explanations of your companies breaches of the data protection act.

Yours faithfully,

surreyscouse

 

 

 

Any views ?

 

 

 

 

[surreyscouse]

I personally think they will just ignore it, well they'll read it and just not respond !!!!

[surreyscouse]

Letter now faxed, let's see what happens !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[surreyscouse]

Already had both !!!!!!!!!!!!!1

 

No seriously though, just the dealing with MBNA is all I have had !

[surreyscouse]

I don't think anything will happen before my deadline so I will quite happily issue court proceedings next week if needs be ! Oh I hope they don't respond !

[surreyscouse]

All the valium in the world won't help this lot !

 

Emailed Gavin Theobald this morning to check they got my fax. I know they did but I'm just toying with them now !

[surreyscouse]

I think you know my style all too well by now Dinghy !

[surreyscouse]

I did read somewhere that one bank did tell it's staff not to expect pay rises this year but a larger than usual one next year, but I can't remember who. Definately not this bunch of clowns, they will just find another way of going through our pockets !

[surreyscouse]

Jeez, what are this lot like ?

 

received a letter on Saturday 3rd June from Rachel Claridge advising me I will have a response within 28 days, do they not realise that I gave a 7 day deadline which expires on 7th June. Her letter says any queries then to contact Gareth Tunnicliffe on 01244 672628. Ah Well, best give him a call this morning and make sure he is aware of the deadline, see what he says !

 

How are we all today ?

[surreyscouse]

point taken,

 

Here is the email just sent:

 

Good morning Gareth,

Please extend my thanks to Rachel Claridge who responded to my fax of 31/05/2006 so promptly. I received her standard reply on 3/6/2006.

Unfortunately, Rachel has given an indication of 28 days for you to respond. You will see from my fax that I have already extended my deadline to noon on 7/6/2006 at which time a summons will be issued unless agreed to the contrary under extreme circumstances.

I felt it would be prudent and courteous to point this out now so as to avoid any confusion.

Kind regards,

surreyscouse

 

He has already read it so let's see what he says.

[surreyscouse]

Ok Guys, brief update.

 

I received a letter yesterday saying account over limit and in arrears. Well, I spoke to Gareth Tunnicliffe (nice enough guy) who said that 2 x £25 had already been credit and £250 + £260 still waiting to be credited even though it was a few weeks ago they said it would be refunded. He said this could show in the next day or two and that will bring the amount well under the credit limit. I said it should also clear the arrears and he said no it probably won't. I pointed out that indirectly I have paid some of the charges and as such it should count towards the minimum payments. He will check and come back to me.

 

On the DPA breaches, he said a letter will be coming out to me in the next few days. He bought this up not me. I pretty much said yeah whatever as long as you are aware that at noon tomorrow the summons gets issued. He did say he would try and get it out tonight or he could fax it (I will give him the fax number if needs be). I did tell him that unless there is some fantastic news in their letter then it probably is most likely that a summons will be issued anyway.

 

I don't think they realise the consequences of not sorting this out. I will put them to rights in court for breaching 3 or the 8 DPA principles and countless other sections of the act. This will cost them a fortune if they even try and contest it !

 

I will let you know how me and Gareth get on later.

[surreyscouse]

It was Gavin but now it is Gareth so feel free to use any of these

 

[email protected]

[email protected]

[email protected]

 

Any more info then just ask,

 

No call back from Gareth today yet.

 

What info are you after JMio and I'll point you in the right direction

[surreyscouse]

Ah well, only two and a half hours to go until I issue proceedings for the DPA breach. I have been up half the night planning what will go in the summons, I will post it back in here later when I work out how to do it.

 

Any views on what I should be claiming for, So far I have phonce call costs, letters, envelopes, postage. I will also claim for the immense distress this has caused, anything else ?