Robin Banks v MBNA **WON** but still fighting on !!

[alanalana]

just some more info robin,

 

[QUOTE]

What will be sent to me?

You are entitled to be told if any personal information is held about you and if it is, to be

given:

• a copy of the information in permanent form;

• an explanation of any technical or complicated terms;

• any information the organisation has about where they got your information from;

• a description of the information, the purposes for processing the information; and

who the organisation is sharing the information with; and

• the logic involved in any automated decisions (if you have specifically asked for this).

 

from this link>>>>>> Information Commissioners Office (bang in a Complaint)

 

http://www.ico.gov.uk/upload/documen...ess_rights.pdf

good luck;)

aa

[robin-banks]

Thank you Alan,

 

Most helpful, I can't thank the likes of yourself, Paintball and Hellhasnofury enough. This site is a godsend to people who are unaware of their rights and the legal process.

[robin-banks]

Hi all,

 

I have drafted the below, based on Alan's information if someone could have a look and advise on beefing up and/or improving I would be most gratefull.

 

Dear xxxx

Thank you for your letter dated xxxxxx, I acknowledge the fact that you claim not to hold any recordings or transcripts of telephone conversations held between your company and me. However I must point out that the information you have provided is incomplete in that you have not complied with ICO guidelines. Under these guidelines I am entitled to any personal information that is held about me and if it is, to be given an explanation of any technical or complicated terms.

You have provided me with a comms log and an abbreviation key, but the abbreviation key only covers approximately 25% of the abbreviations listed in the comms log. I request that you provide me with a complete list of all abbreviations used by your operatives when annotating comms logs. I further request that you provide a full explanation of all entries in the comms log.

If I do not receive a satisfactory response to my request within 14 days I will be making a formal complaint to the ICO.

Yours etc etc

[hellhasnofury]

go get them:grin:

[Paintball]

just some more info robin,

 

[QUOTE]

What will be sent to me?

 

You are entitled to be told if any personal information is held about you and if it is, to be

given:

 

• a copy of the information in permanent form;

 

• an explanation of any technical or complicated terms;

 

• any information the organisation has about where they got your information from;

 

• a description of the information, the purposes for processing the information; and

who the organisation is sharing the information with; and

 

• the logic involved in any automated decisions (if you have specifically asked for this).

 

from this link>>>>>> Information Commissioners Office (bang in a Complaint)

 

http://www.ico.gov.uk/upload/documen...ess_rights.pdf

 

good luck;)

aa

I'm glad you posted this link up as it's useful for me too

Hi all,

 

I have drafted the below, based on Alan's information if someone could have a look and advise on beefing up and/or improving I would be most gratefull.

 

Dear xxxx

 

Thank you for your letter dated xxxxxx, I acknowledge the fact that you claim not to hold any recordings or transcripts of telephone conversations held between your company and me. However I must point out that the information you have provided is incomplete in that you have not complied with ICO guidelines. Under these guidelines I am entitled to any personal information that is held about me and if it is, to be given an explanation of any technical or complicated terms.

 

You have provided me with a comms log and an abbreviation key, but the abbreviation key only covers approximately 25% of the abbreviations listed in the comms log. I request that you provide me with a complete list of all abbreviations used by your operatives when annotating comms logs. I further request that you provide a full explanation of all entries in the comms log.

 

If I do not receive a satisfactory response to my request within 14 days I will be making a formal complaint to the ICO.

 

Yours etc etc

Good letter

go get them:grin:

Tie 'em to the mast LOL

 

[alanalana]

Hello all,

 

this is so good helping people to fight greedy financial institutions so they can regain their money. Lets hope we see more successes listed as the banks are now on the back foot and delaying by whatever means they can. They are also making false statements to claimants to make them uncertain of their chances of getting refunds to put them off and stall them.

 

keep up the fight

 

aa

[robin-banks]

Hi all,

 

Got a response from MBNA this morning to my claim for my money back, not my complaint about incomplete SAR.

 

''Thank you for our letter Blah blah. We are currently investigating your complaint and we will issue a response within 28 days''

 

Being a reasonable person I will wait 28 days for their response

[Paintball]

Hey RB, isn't it interesting that they have doubled the timescale you've given them in which to 'investigate your complaint'

 

Once the 28 days is up and if they've haven't responded, giev 'em hell.

 

[robin-banks]

OK folks bear with me on this cos I am out in India working at the moment, I am not due back for a week. I phoned OH tonight and MBNA have responded negatively to my request for money back. They claim that I agreed to PPI over the phone some weeks after the application form was filled out and NO was ticked (a fact that they aknowledge).

 

I am sure that I would not have agreed to PPI at any time.

 

There may have been a phone call on the date they specify, but there is nothing in the call log from my recollection that indicates ppi was ever discussed or agreed to.

 

My general questions to put my mind at rest and so that I can start formulating a response for when I get home in a week.

 

1, Would I have to have signed a form agreeing to T & C's even though it is alleged it was sold over the phone?

 

2, If so, there was no such form with my SAR, do they have to prove that I agreed to PPI?

 

3, Would they bluff/lie to put me off the trail?

 

Thanks in advance

[alanalana]

Hello rb,

 

There may have been a phone call on the date they specify, but there is nothing in the call log from my recollection that indicates ppi was ever discussed or agreed to.

 

My general questions to put my mind at rest and so that I can start formulating a response for when I get home in a week.

 

1, Would I have to have signed a form agreeing to T & C's even though it is alleged it was sold over the phone? I Believe YES but check link below

 

2, If so, there was no such form with my S.A.R - (Subject Access Request), do they have to prove that I agreed to PPI? YES

 

3, Would they bluff/lie to put me off the trail? Difficult one that:rolleyes:

 

Thanks in advance

 

Have a look at this it may answer all of the above. It is a huge thread but useful.

 

Consumer Credit Act Agreements

 

aa

[Paintball]

Hi RB

 

When you come back to the UK, I think it would be useful to send a letter stating quite plainly that you do not accept their response, that FSA regulations in selling PPI have been breached and that you want your money back. You could also state in in your letter that even though the sale was made in a non-advised capacity you still had a right to receive additional info to help you make an informed choice so as determine whether or not the product suited your personal circumstances. You could also add that the lender has taken advantage of your lack of knowledge in selling you a procuct which, had you been better informed, you would not have chosen.

 

The S.A.R - (Subject Access Request) is incomplete in that they have failed to provide you with crucial info the T&Cs which you have a legal right to receive.

 

This will be your LBA which we discussed in an earlier post. In my opinion, they haven't got a leg to stand on and are indeed bluffing to make you back down and go away.

 

Do read through the link that aa has provided as well.

 

Edited October 16, 2008 by Paintball
Typos!!

[robin-banks]

Thanks Alan and Painty for your replies, I will post their full response on my return to the UK also the entry in the call log for the date they claim.

[alanalana]

Hello Painty and RB,

 

Do read through the link that aa has provided as well. He may come back to you on this sentence when he recovers. I will be switching forums to avoid flak;)

 

Thanks for the backup on this link but do you know how many weeks it will take RB to get through it:eek:

 

aa

[robin-banks]

216 pages and the internet connection in my office out here is almost as slow as dial up!!!! Might leave this till I get home. :)

 

Surely for any type of contract (assuming ppi for a credit card is a contract) whether it be for PPI or pet insurance they have to send out t & c's and a contract for the applicant to sign.

 

If the above is correct are they not legally obliged to keep a record of that contract/agreement for 6 years?:?

[alanalana]

Hello RB,,

 

216 pages and the internet connection in my office out here is almost as slow as dial up!!!! Might leave this till I get home. :-) Good idea;)

 

Surely for any type of contract (assuming ppi for a credit card is a contract) whether it be for PPI or pet insurance they have to send out t & c's and a contract for the applicant to sign. Yes but it does not alway happen.

 

If the above is correct are they not legally obliged to keep a record of that contract/agreement for 6 years? Again yes and it is 6 years from the last transaction on the account and not 6 years from when it started. so if the account started in say 1995 and the last payment was 2003 then the requirement for them to retain records would still be in place.

aa

[robin-banks]

Thanks Alan,

 

The account is still open so that's good. I am looking forward to getting home now to check the comms log again, I strongly suspect that the call they are referring to is probably the card activation call. There was absoluteley zilch, zero, nothing, nada in the SAR pack referring to PPI.

[baffledbybanks]

How are things advancing.

Edited October 7, 2009 by baffledbybanks

[robin-banks]

Hi all, this thread has been dormant for about a year due to ill health and personal circumstances. I was considering resuming the battle when out of the blue, yesterday,

I received the letter below.

 

Dear Mr XXXX

 

I am writing in relation to the previous response that was sent regarding your PPI complaint.

 

It has been brought to our attention that in our original response we advised that the FOS would not be able to deal with your complaint due to it being out of the time limits for referral. This was an oversight on our part. Although we still believe this is the case, it is up to FOS to decide whether it is within their time limits for referral.

 

We would like to apologise for this oversight and a gesture of goodwill we have awarded you £150.00.

 

In light of this oversight we have also re-opened your complaint in order to review the original decision that was made. I can confirm that following this review a decision has been made to now uphold your complaint.

 

The details of your refund are as follows

 

PPC £4205.83

Associated interest £472.58

Gesture of goodwill £150

 

I can confirm that I have credited your account with the total amount of £xxx and this will appear as a credit on your next statement.

 

Should you be unhappy with this final decision you do have the right to refer it to the FOS within 6 months from the date of this letter.

 

Yours sincerely etc

 

 

Success!!!! but only a partial victory. The PPI is a little over what I calculated, I’ve checked the account and the money has been transferred. However, the interest rate on the account was increased from circa 19% to 30% when I made the initial complaint. I sent the below letter at the time, but the rate has remained the same. Only final para is relevant.

 

Dear Mr/Mrs xxxxxxx,

 

Thank you for your letter dated xxth September 2008, I acknowledge the fact that you claim not to hold any recordings or transcripts of telephone conversations held between your company and me. However I must point out that the information you have provided is incomplete in that you have not complied with Information Commissioners Office guidelines. Under these guidelines I am entitled to any personal information that is held about me and if it is, to be given an explanation of any technical or complicated terms.

 

You have provided me with a comms log and an abbreviation key, but the abbreviation key only covers approximately 25% of the abbreviations listed in the comms log. I request that you provide me with a complete list of all abbreviations used by your operatives when annotating comms logs. I further request that you provide a full explanation of all entries in the comms log.

 

If I do not receive a satisfactory response to my request within 14 days I will be making a formal complaint to the Information Commissioners Office.

 

Furthermore I am also in receipt of your company’s letter stating that you are increasing the interest rate on the account from 2.0751 per month to 2.5292 which is approximately 10% per annum. I deem this to be retaliatory behaviour on your part. This response is wholly unacceptable and if my account is not returned to the original interest rate with immediate effect I will be reporting your action to the FSA who take the matter of "retaliatory and punitive measure on the part of lenders to borrowers’’ complaints extremely seriously.

 

 

 

Yours sincerely

 

I have drafted the below letter,

 

Dear Ms xxxxxx,

 

I acknowledge the receipt of your letter dated the 30th of September 2009. However I refer you to my latter dated 20th Sept 2008, a copy of which is attached for your information.

The final paragraph states:-

 

‘Furthermore I am also in receipt of your company’s letter stating that you are increasing the interest rate on the account from 2.0751 per month to 2.5292 which is approximately 10% per annum. I deem this to be retaliatory behaviour on your part. This response is wholly unacceptable and if my account is not returned to the original interest rate with immediate effect I will be reporting your action to the FSA who take the matter of "retaliatory and punitive measure on the part of lenders to borrowers’’ complaints extremely seriously’

 

This issue has not been addressed, I expect the interest rate to be returned to the original 2.0751% per month with immediate effect, and a full refund of all payments made at the higher rate. If I do not receive a positive response within 14 days I will be writing to the FSA and FOS informing them of your actions.

 

Yours etc

 

Thoughts anyone?

 

Would one of the mods like to edit the title to won?

[alanalana]

Excellent RB nice result and nice to see you keeping up the pressure for the return of the additional interest and to have the interest lowered to the level it was at before you submitted a complaint to ask for your money back.

 

aa

 

Consider the **WON** done and remember to post up in the PPI successes at the top of the forum

 

Enjoy and hope your are feeling better.

[robin-banks]

Thanks aa, I would not have been able to do it without yours and painty's invaluable advice :D:D

[alanalana]

You of course are more than welcome keep the forum posted on the claim for the contractual interest..

I have also had another small success bringing my total reclaims to £17,983.94 with four more in the pipeline. Also have three claims on bank charges to be settled after the supreme court ruling, hopefully this month.

 

Keep up the good work

 

aa