Jump to content


CCA REQUEST TO MBNA my journey by Maz


angel_1
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5374 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

hello everyone im back

 

i know, its like golddust this pc this evening, daughter will be getting the laptop onto wireless asap

 

i thank you all for the above letters and advice, so i agree will send out the letter for each cca and end with - enclosures with all 3 account numbers listed. All enclosed in one letter.

 

I will also do as a seperate letter and i think will post it seperate too, for the data info as given by Hopeful1 with Pauls letter and i will add the bit at the end about ""if you dont believe I am who I say I am, how come you are accepting money from me"

 

I like that it gives it a bit of punch, lol,,,,also i now agree bad idea taking any id to any branch even if after they give me info, they may not give me full info and i believe they would be that sneaky!

 

So get my letters off tomorrow first class, i posted on 18 Aug and now by tomorrow they are way past the 12 working days.

 

I did finally find the letter and the telephone number was theirs from the letter on my ans machine, not returning the call no way man!

 

now i dont know how to scan it for you to see, but i guess its a standard type letter so will use the letters you have kindly given to me to send tomorrow and see what next happens,

 

this is like a game of chess, your move now.........

 

Oh Bridezilla, i had to go off at the time you sent your post, but im glad the guys and gals on here have helped you and i see you have your own thread started now too, didnt mind at all, ive learnt something along the way tonight too, so good luck and i will check on you over time too, even to give you a little moral support and enjoy your holiday now okay?

 

my humble thanks to you all again for being such fantastic people i appreciate it

 

good night and will keep you all updated, ciao MAZ

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

  • Replies 194
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hello maz1964,

 

MBNA have just done the same to me but with mine they are talking about a S.A.R - (Subject Access Request).

 

I.E. They quote The Data Protection Act 1998 Section 7(3)

 

7 Right of access to personal data

(3) A data controller is not obliged to comply with a request under this section unless he is supplied with such information as he may reasonably require in order to satisfy himself as to the identity of the person making the request and to locate the information which that person seeks.

 

It is about the only time they actually quote anything ....... all other times they seem to do as they wish regardless of what the Acts say!!:grin:

 

Onwards and Upwards

 

Chalkitup

Link to post
Share on other sites

Hiya Chalkitup,,,,

 

ive seen the full Data Protection Act 1998 Sections on

 

Data Protection Act 1998 (c. 29)

 

It does look like they have quoted you like you say

 

whereas in my letter they havent, they have basically said as follows:-

*********************************

 

Thank you for your request to be provided with personal data perusuant to the Data Protection Act 1998

 

"Your request to be supplied with a copy of all information held by MBNA relating to yourself is being processed by our Compliance department. For security reasons we require you to provide a form of postive identification (an example of acceptable identification would be a copy of a driving licence or passport which includes your signature).

 

Although statement information has been sent to you at your address as stated in your letter, unfortunately a current postal address is not an adequate form of identification. Due to the amount of personal information MBNA will be sending in your subject access request, including bank details, security information, place of birth and dates of birth, we would require extra identification from our customers.

 

Upon receipt of the above, we will be happy to provide you with the information you require. Please note MBNA Europe Bank Ltd will provide the information to you within the 40 days allowed by the terms of the act"

 

Then it talks about the 3 credit agencies mbna use and to write to them for the files if i wished to view.

 

from the Compliance Department

 

*********************

 

Last night i appeared clear, now im not so sure , does my letter that ive received only is for the Data letter i sent and not the cca's??

 

Or have they put all my information request within this letter they have sent me?

 

I will want to add like ive said before about " If you don’t believe I am who I say I am, how come you are accepting money from me?"

Like you chalkitup, im now confused the wording i need to apply on the letters ive been given to send.

sorry guys, for asking again - for your clarification, will hold on the letter until later now

thanks

ciao for now maz

 

Edited by maz1964

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

Whilst I acknowledge what is said on the Information Commissioners Office's website, I feel that is only for people who have not been in communication with the company on a regular basis. How can they send threatening letters, accept money via a bank account etc, and then turn round and say they require proof of who you are.

 

Your CCA letters do not under any circumstances require any other proof of you are.

 

If they are going to be funny with the S.A.R - (Subject Access Request) stuff, then say you are happy for the data to be delivered to an Alliance and Leicester near you, where you will allow the bank staff to confirm your identity but not retain it. In light of the Information Commissioners Office advising you / us to take extreme care with our personal information, you dont feel comfortable sending the documents they are demanding (and put that word.. demanding) by post even if they are copies. Should they not accept this compromise then you will be seeking clarification from the Information Commissioners Office.

 

******************************************

 

Ok, I have just spoken to the ICO and they say.... They personally have not suggested that a driving licence or passport is required. This is purely an MBNA requirement and is not prescriptive. They guy I spoke to said.... you can write a letter to MBNA and say,

 

Further to a telephone conversation with the ICO today, as they have not suggested that you (MBNA) request these particular documents (and as I do not possess them anyway) (or I do not wish to send either original or copy through the post) ... for you (MBNA) to offer an alternative document, alternatively I can collect this data from an Alliance and Leicester or other local bank.

 

If they do not accept your alternative or are not prepared to offer an alternative which you find acceptable, then you can make a complaint to the ICO who will come down on your side as they say the policy is that you have access to your information. :D

 

I do not understand this request personally as they didnt request either document from me just sent out the information, so I am wondering if it is just a ruse to obtain your signature.

Edited by citizenB
  • Haha 1

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

The letter MBNA sent you only mentions they require proof of identification for the S.A.R - (Subject Access Request).

 

I have read your thread again and if I am right in saying your CCA request to MBNA was only last month (August 2008 ) then it is very early days yet for a reply. My "application form" took months to arrive from MBNA.

 

The CCA requests could well be in the MBNA system being processed. However the only way you will find out is to either add something in your letter to MBNA regarding the S.A.R - (Subject Access Request) .... along the lines the 12 days are passed and so the accounts are in dispute....... or send An Account In Dispute letter to MBNA for each account saying the 12 days has expired. Then wait to see if they request id again for the CCA's.

 

Onwards and Upwards

 

Chalkitup

Link to post
Share on other sites

Hiya all and thanks especially to CitizenB and Chalkitup for your latest posts

 

I totally agree CitizenB, i really think its a ruse for my signature, if it was standard proceedure to provide the SARS information to all their customers then both myself and Chalkitup would have received the same letter.

 

Therefore, my gut tells me take care here girl, they are after your signature!

 

So thank you for telephoning the ICO and getting that clarification for me and for others.

 

Also like Chalkitup has said, i could remind them also in the same letter that the 12 working days have passed and the accounts are in dispute.

 

will devise a letter tomorrow morning and post and see what you all think -

 

up early for the docs so off to bed now but appreciate your time everyone spent helping me this week.

 

ciao for now MAZ

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

maz - I have been battling with CCA issues for over 18 months, and during that time I've gone on a very steep learning curve. IMHO - and obviously the decision is yours - any creditor will look upon payment as an acknowledgement of a debt - there is no such thing as "goodwill" in the credit industry. If it goes to court, you would likely be asked why you are continuing to pay a debt that you believe doesn't exist.

 

All the time you are paying them, they have no reason to deal with your dispute - because it's making no difference to them, You're still paying them, they're still adding on interest & any charges - the only person losing out is you!

Link to post
Share on other sites

hiya ladybird, thanks for your post, i can relate to all this being a learning curve, i guess every day we learn something new, i wanted to see and have copies of the cca reports to ensure they have the legal documents, and if not then i would stop paying until they provided it.

 

However, update everyone, lo and behold i get 2 of my cca details this morning for 2 of the mbna cards, it looks right with my signature and although not readable small print, i believe it is correct, can i ask for a better quality copy as really it does nothing for me with my eyesight??

 

Also, - my 3rd card account alliance and leicester, different story given,, they inform me that they are sorry they have not been able to send me a photocopy of the original for that account, but hope that i will find the enclosed copy clear to read and sufficient for my purposes.

It looks like current terms and conditions only and the copy of the latest statement in aug 08.

Anyone know why they cannot give me the cca copy? i remember opening the alliance and leicester current account and whether the credit card was given as part of the account opening i cant remember, or have they not done a correct thing and given me a credit card but didnt get me to sign a proper cca agreement?

 

Should i cca alliance and leicester instead? am confused.

 

Also, the letter i had for the data was only just for the data information, am awaiting on some visitors and will return this pm to post the letter i want to send for the data information

 

thanks for your help and posts everyone

 

see you laters ciao MAZ

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

hiya ladybird, thanks for your post, i can relate to all this being a learning curve, i guess every day we learn something new, i wanted to see and have copies of the cca reports to ensure they have the legal documents, and if not then i would stop paying until they provided it.

 

However, update everyone, lo and behold i get 2 of my cca details this morning for 2 of the mbna cards, it looks right with my signature and although not readable small print, i believe it is correct, can i ask for a better quality copy as really it does nothing for me with my eyesight??

 

Also, - my 3rd card account alliance and leicester, different story given,, they inform me that they are sorry they have not been able to send me a photocopy of the original for that account, but hope that i will find the enclosed copy clear to read and sufficient for my purposes.

It looks like current terms and conditions only and the copy of the latest statement in aug 08.

Anyone know why they cannot give me the cca copy? i remember opening the alliance and leicester current account and whether the credit card was given as part of the account opening i cant remember, or have they not done a correct thing and given me a credit card but didnt get me to sign a proper cca agreement?

 

Should i cca alliance and leicester instead? am confused.

 

Also, the letter i had for the data was only just for the data information, am awaiting on some visitors and will return this pm to post the letter i want to send for the data information

 

thanks for your help and posts everyone

 

see you laters ciao MAZ

 

Hi Maz,

 

Any chance you can get them scanned in and posted on here(with you details, account number etc. removed)?

We can have a look and advise properly then but they are required by law to send legible copies.

 

Just sending you T&C's is nonsense - A&L know what is required, the reason they can't send it is because they don't have it. And if they don't have it, the debt is unenforceable in a court...Could you scan the letter they sent you too? It sounds like they are admitting they don't have the CCA in which case you can tell them to get lost...

 

You could send this ....

 

Dear Sirs,

 

 

Account no xxxxxxxxxxxxxx

ACCOUNT IN DISPUTE

 

 

Re: my request under the Consumer Credit Act 1974

 

 

Thank you for your letter dated **********, the contents of which are noted

 

You attention is drawn to the fact that this account is subject to a serious dispute. On xx/xx/2007 I requested ********supply me a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78. To date ******** have failed to comply with my request and have totally ignored my written reminders sent via recorded delivery of this fact. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to you or *******, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974

 

For the avoidance of any doubt I have included section 78(1) and 78(6) of the Consumer Credit Act 1974, which states…

 

78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

 

Clearly as no agreement was supplied on request, this in no way complies with the requirements of the Consumer Credit Act 1974 and I now draw your attention to section 78 subsection 6 which states If the creditor under an agreement fails to comply with subsection (1) he is not entitled, while the default continues, to enforce the agreement;

 

Clearly this is a situation as described in s78(6) Consumer Credit Act 1974 and the debt is unenforceable at this time. In addition, I draw your attention to section 127 (3) Consumer Credit Act 1974 which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 the agreement cannot be enforced.

 

To clarify s61(1) states

 

(1)A regulated agreement is not properly executed unless—

 

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms, and

© The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible

 

In addition the prescribed terms referred to in section 60 CCA1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following—

 

1.Number of repayments;

2.Amount of repayments;

3.Frequency and timing of repayments;

4.Dates of repayments;

5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

 

Therefore based upon the Consumer Credit Act 1974 this debt as it stands is unenforceable and should this proceed to litigation, a court is precluded from making an enforcement order under section 127(3) unless a true copy of the signed agreement is produced..

 

At the point where this account entered into the default situation as described in s78 (6) CCA 1974 no other charges are allowed to be added until such time as ********* become compliant with my request. As ****** are still not in compliance with my request I insist that the following takes place with immediate effect

  • All charges levied since ******** be removed from the account and further charges cease until such time as ******* comply fully with my original request or such time as a court makes an enforcement order
  • All entries which refer to missed payments be removed from my credit file
  • All collection activities by your company cease with immediate effect until ******** comply with my request from ********* or such time as a court makes an enforcement order

In addition, I draw your attention to the Office of Fair Trading’s guidance on debt collection

 

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

What I Require.

 

I require that you send me a true copy of the executed agreement as required by the Consumer Credit Act 1974. If you are unable to supply the requested documentation because no such agreement is in existence I require written clarification as such.

 

I require that you comply with my request within 7 days of the date of this letter. I will not correspond any further with you until I either receive a copy of the requested documents as laid down in section 78(1) CCA 74 or clarification that such agreement doesn’t exist. I am advised that should you persist in pursuing this debt ignoring the above information you will be in breach of the Administration of Justice Act 1970 section 40 as well

 

No other correspondence will be accepted

 

Furthermore, I draw your attention to the Consumer Protection from Unfair Trading Regulations 2008, should you persist in trying to coerce me to pay a debt which remains unsubstantiated, I shall regard this practice as being a clear intentional breach of the regulations and my understanding is that you will be committing an offence which I shall report to the Office of Fair Trading and request that they consider a prosecution against your company and also it will have an adverse affect upon your fitness to hold a Consumer Credit Licence

Should you attempt litigation to recover this alleged debt, it will be vigorously defended and the failure to supply documentation under the CCA 1974 is a complete defence to any legal action and your actions will be vexatious and unlawful.

Should you not understand the contents of this letter I would suggest you consult a qualified solicitor.

I trust this out lines the situation

 

Regards

But you could also just leave things as they are...Totally up to you, but I'll look forward to an update...:grin:

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

Link to post
Share on other sites

Just A Test

 

got to have a read how to attach the scanned info, have saved onto word but it gives me an invalid file when im trying to attach the attachment, never done this before , will hunt and see if i can eventually add the info

 

laters maz

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

scanned?

Edited by maz1964

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

hiya all, its just took me an hour to scan and get to understand how to attach that one letter in post 62! but ive learnt something tonight, im going to now see if i can be real quick and scan the cca info received, wish me luck

 

see you in a bit maz

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

hiya ive scanned the cca and because you can also see the back wording and its small, ive tried to enlarge it but no can do,

 

i think i should write back to them and get them to supply a proper and Legible copy of the original as i really am struggling to even see my address, my signature is only clear.

 

They are really not impressing me!

 

anyhow, the letter for the data i think will be as follows

 

 

**************************************

Dear Sirs,

 

RE Account Numbers xxxxx xxxxx xxxxxx

 

Thank you for your letter dated xx/xx/2008 the contents of which are noted

In your letter you make reference to requiring; “For security reasons we require you to provide a form of positive identification (an example of acceptable identification would be a copy of a driving licence or passport which includes your signature), before you comply.

 

I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature before you comply with my S77 - 79 request.

 

I reiterate that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this. Also ”if you don’t believe I am who I say I am how come you are accepting money from me?"

 

To clarify, I have investigated this and further to a telephone conversation with the Information Commissioners Office yesterday, I believe this is purely your own requirement and is not prescriptive.

 

I am happy for the data to be delivered to an Alliance and Leicester branch or other local Bank in xxxxxxx, where I will allow the bank staff to confirm my identity but not retain it. In light of the Information Commissioners Office advising me and even our British Chancellor to take extreme care with our personal information, I do not feel comfortable sending any documents you are demanding by post even if they are copies. Should you not be willing to accept this compromise, or are prepared to offer me an alternative which I find acceptable, then I have no alternative and will be seeking clarification from the Information Commissioners Office.

 

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:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

I look forward to receiving the documentation requested within the legislative timeframes.

 

Yours faithfully

 

PRINTED NAME

 

*****************

 

sorry i still need to learn about the scanning and applying as an attachment, hope to learn pretty fast for the future posts

 

What do you all think - okay to send tomorrow?

 

thanks , and goodnight everyone, have a fab day tomorrow, will check in after lunch, many thanks for all your interest

 

ciao MAZ

Edited by maz1964

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

Hi Maz

 

The CCA isn't showing - have you tried scanning and uploading the image to Image hosting, free photo sharing & video sharing at Photobucket?

 

If not, once it's scanned on your PC put it somewhere you can find it (desktop/folder marked MBNA etc). Next go to Photobucket and register.

 

Once you've done that, you need to click on "upload photos and video" (box on top left of home page). Click "choose files" which will bring up your files in a separate box. Find the image and click "open", and it will start uploading automatically.

 

Once that's done it will open up and you can click "edit this image" just underneath the picture. Remember to remove all personal info (I use decorate/draw to do this), then click "save and continue". It will take you back to the smaller version of the image, and there should be 4 link options showing underneat - you want to right click and copy the top one "email and IM".

 

Now come back on here and click the icon above the text box with the world and little chain type piccie, right click and paste the url and you're done.

 

No trouble:D

  • Haha 1

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

Hello Maz,

 

I have not been following your thread for a few days but your letter in post 64 does not look correct.

 

If you are chasing a S.A.R - (Subject Access Request) then the sentence "I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature before you comply with my S77 - 79 request." applies to CCA requests and I believe you have now received them.

 

Also at the end you seem to be giving MBNA ammo by saying "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:".......unless you meant that to go after "I reiterate that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this. Also ”if you don’t believe I am who I say I am how come you are accepting money from me? " ...... to imply they have not made checks in the past and perhaps should have done.

 

 

 

Sorry if I have got it wrong!!

 

Onwards and Upwards

 

Chalkitup

 

 

  • Haha 1
Link to post
Share on other sites

hiya ive scanned the cca and because you can also see the back wording and its small, ive tried to enlarge it but no can do,

 

i think i should write back to them and get them to supply a proper and Legible copy of the original as i really am struggling to even see my address, my signature is only clear.

 

They are really not impressing me!

 

anyhow, the letter for the data i think will be as follows

 

 

**************************************

Dear Sirs,

 

RE Account Numbers xxxxx xxxxx xxxxxx

 

Thank you for your letter dated xx/xx/2008 the contents of which are noted

In your letter you make reference to requiring; “For security reasons we require you to provide a form of positive identification (an example of acceptable identification would be a copy of a driving licence or passport which includes your signature), before you comply.

 

I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature before you comply with my S77 - 79 request. I DONT THINK YOU NEED THIS BECAUSE IT IS FOR THE CCA NOT S.A.R - (Subject Access Request)

 

To date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this. Also ”if you don’t believe I am who I say I am how come you are accepting money from me?"

 

INSERT HIGHLIGHTED TEXT FROM BELOW HERE

 

To clarify, I have investigated this and further to a telephone conversation with the Information Commissioners Office yesterday, I believe this is purely your own requirement and is not prescriptive.

 

I am happy for the data to be delivered to an Alliance and Leicester branch or other local Bank in xxxxxxx, where I will allow the bank staff to confirm my identity but not retain it. In light of the Information Commissioners Office advising me and even our British Chancellor to take extreme care with our personal information, I do not feel comfortable sending any documents you are demanding by post even if they are copies. Should you not be willing to accept this compromise, or are prepared to offer me an alternative which I find acceptable, then I will no alternative but to seek further clarification from the Information Commissioners Office.

 

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:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

I look forward to receiving the documentation requested within the legislative timeframes.

 

Yours faithfully

 

PRINTED NAME

 

*****************

 

sorry i still need to learn about the scanning and applying as an attachment, hope to learn pretty fast for the future posts

 

What do you all think - okay to send tomorrow?

 

thanks , and goodnight everyone, have a fab day tomorrow, will check in after lunch, many thanks for all your interest

 

ciao MAZ

 

Ref CIU's post, I have made a couple of amendments for you. :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Your letter should now look like this. :D

 

Dear Sirs,

 

RE Account Numbers xxxxx xxxxx xxxxxx

 

Thank you for your letter dated xx/xx/2008 the contents of which are noted

 

In your letter you make reference to requiring; “For security reasons we require you to provide a form of positive identification (an example of acceptable identification would be a copy of a driving licence or passport which includes your signature), before you comply.

 

To date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this. Also ”if you don’t believe I am who I say I am how come you are accepting money from me?"

 

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:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

To clarify, I have investigated this and further to a telephone conversation with the Information Commissioners Office yesterday, I believe this is purely your own requirement and is not prescriptive.

 

I am happy for the data to be delivered to an Alliance and Leicester branch or other local Bank in xxxxxxx, where I will allow the bank staff to confirm my identity but not retain it. In light of the Information Commissioners Office advising me and even our British Chancellor, to take extreme care with our personal information, I do not feel comfortable sending any documents you are demanding by post even if they are copies. Should you not be willing to accept this compromise, or are prepared to offer me an alternative which I find acceptable, then I will no alternative but to seek further clarification from the Information Commissioners Office.

 

I look forward to receiving the documentation requested within the legislative timeframes.

 

Yours faithfully

 

PRINTED NAME

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Thank you citizenB.

 

I have been busy helping elsewhere the last few days and I am now just catching up with the threads ...

 

I have not got very far with my own letters this week but see that quite a few Caggers have left posts in answer to my help pleas ...... I will read them this afternoon.

 

Onwards and Upwards

 

Chalkitup

Link to post
Share on other sites

hiya all,

 

thank you very much citizenB - that is brilliant, i was kind of tired last night and i just couldnt get it to fit the way you have done , also

 

thank you also Chalkitup too, for your post 66 too, i did get myself a little confused, yes with the sar and the cca, but citizen seems to have resolved it and its a pure gem of a letter

 

So the above letter for the SARS. going to do it now to send tomorrow recorded delivery.

 

However, coming back to the cca's. i know you wish me to scan them i will now attempt to do it the way lexis200 has inspired me to, and i will need to come back later.

 

to refresh you, two have been provided so they say, illegible writing small print, and the 3rd , now im recalling that i opened a allliance and leicester current account online but cant remember how i got the credit card, whether it was just online too, this was may 2006. Could this be the reason they could not send me a cca?

 

Or is it best i cca directly Alliance and Leicester even though its mbna connected?

 

This is where im puzzled.

 

will come back later to check on any responces - again very much appreciated ciao for now MAZ

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

Hi Maz - you're doing a good job keeping up with all this :D

 

If MBNA took over the A & L card, then CCA MBNA. You may be better off starting a new thread when you begin on that one. Put the link on here though so we can all follow.

 

Take care ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

Link to post
Share on other sites

Hiya, all

 

my ink in my printer has finally ran out, i was pushing it to say the least but now have to buy some new cartridges, it was being scanned not clear at all.

 

i will be back asap over the weekend, for now at least the sars letter been sorted and that will be on its way tomorrow.

 

again thank you all who has helped and posted

 

off and going a wandering for a bit,

 

will check in later ciao maz

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

oh thank you Hopeful, well you started the ball rolling helping me in the earlydays, yeahhhhhhhhhhhhhh

 

yes that might be an idea once i can get it all scanned but ive already cca mbna for the alliance and leicester and they have replied that "they are sorry we have not been able to send you a photocopy of the original for the card - but they did send only the terms and conditions copies.

 

Thats where im stuck with the alliance and leicester, is it that alliance and leicester have the original copy?

 

hmeeeeeee

 

yes im trying very hard to keep up lol

 

flagging sometimes though, your thoughts above?

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

 

yes that might be an idea once i can get it all scanned but ive already cca mbna for the alliance and leicester and they have replied that "they are sorry we have not been able to send you a photocopy of the original for the card - but they did send only the terms and conditions copies.

 

Thats where im stuck with the alliance and leicester, is it that alliance and leicester have the original copy?

 

Well, if MBNA have taken over the accounts then they should have the CCA. Have you sent a letter about them not complying? Once they've had that, if they still don't provide it you can make a complaint to TS.

 

What is your ultimate plan with this? Do you want to be able to renegotiate your own payments, ignore the account or reclaim charges?

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

Link to post
Share on other sites

Hiya all

 

ive just started a new thread headed " Alliance/leicester credit card with mbna - no cca sent by mbna"

 

still under General Debt Issue - but not sure how to link the two threads

 

any one can assist pls ta - maz

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...