MBNA/Restons claimform - old A+L Card **WON+COSTS**

[fairbyblue]

Hi FB,

 

Have a look through the data that was supplied from your SAR.

 

It should list all the fiancial details of your account in the "comms log" they should have included.

 

It should state when any documents were produced including when the DN's were sent, any statements produced for Sols and also when they charged off the account.

 

Further, it should tell you when they swapped the account numbers.

 

If you haven't got a copy of this, give MBNA 7 days to produce or haul there backsides to court for non-compliance of the SAR by not producing manual intervention data.

 

Dont have the complete coms log. Bouchier has produced page 15 of it without producing page 1 to 14 and 16 onwards so thats incomplete.

 

MBNA just sent statment in response to SAR request.

 

My statemnt shows 'Charge off- adjustment' that was 31/5/08 with amount £11262.35 (Ist DN was sent 11/6/08)

 

Account number changed from ending in 0454 to 4475 on the next July 08 staemnt.

 

The letterhead went from Alliance and Leicester to MBNA at the same time

 

cheers

[supasnooper]

I'd definitely give MBNA a 7 day LBA to provide.

 

The "comms log" is a powerful bit of data - it lists the lot on the account.

 

How come JS Bouchier has a copy and you haven't ? One more point to mention to the DJ

[tiokim]

hi, Kthmurrell, you must place that letter on your Mbna thread. just reply to you there.

[fairbyblue]

I'd definitely give MBNA a 7 day LBA to provide.

 

The "comms log" is a powerful bit of data - it lists the lot on the account.

 

How come JS Bouchier has a copy and you haven't ? One more point to mention to the DJ

 

I will but i dont know what it is? Is it a Letter Befor Action?

Is there a template that i can use?

Thanks as always

[pompeyfaith]

yes it is that u should find a template in the cag libary u can edit to suit PF

[supasnooper]

Hi fb, get this off ASAP as I note your court date is fast approaching -

 

Your name

Your Address

 

Your Town

 

 

Your County

 

 

Your Postcode

 

 

 

Date 2009

 

 

The Company Secretary

The Creditor

Creditors address

Creditors Town

Creditors county

Creditors postcode

 

 

 

 

LETTER BEFORE ACTION

Section 7(1) – Data Protection Act 1998

 

 

 

 

Account: XXXXXXXXXXXX

 

 

 

 

 

Dear Sir / Madam,

 

 

You have failed to comply with my Data Protection Act Subject Access Request dated xxth xxxxxxxxxx 2009.

 

 

I will remind you as to what documents I expect.

 

The following is by no means an exhaustive list but in the main this is what I require.

 

 

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

 

Additionally, all records you hold on me relevant to this account, including but not limited to:

 

 

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

 

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

 

3. Where there has been any event in my accounts history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

 

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

 

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

 

 

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

11. A copy of all account statements for the duration of the agreement.

 

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

 

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974 for the account.

 

14. The "Comms log" relating to this account. (16 pages)

15. Any Other information relating to this account.

 

 

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

 

 

 

 

Yours Faithfully,

 

 

 

 

Print your name here

 

 

 

As to scoring a cheap point in court, ask the judge how JSB is using docs that you don't have in your possession ?

Edited May 5, 2009 by supasnooper
added stuff

[fairbyblue]

Thanks. The ball is bouncing back to their court.

[fairbyblue]

That is in the post toady. Sorted. Cheers

[fairbyblue]

Hi FB,

 

Have a look through the data that was supplied from your SAR.

 

It should list all the fiancial details of your account in the "comms log" they should have included.

 

It should state when any documents were produced including when the DN's were sent, any statements produced for Sols and also when they charged off the account.

 

Further, it should tell you when they swapped the account numbers.

 

If you haven't got a copy of this, give MBNA 7 days to produce or haul there backsides to court for non-compliance of the SAR by not producing manual intervention data.

 

Is the charge off the termination?

 

The letter has gone as the hearing is 22/5/09 for set aside by MBNA

[supasnooper]

In my opinion, the charge off is the termination.

 

As MBNA can reclaim tax back on the accounts, they would have to record the end of the life of the account for Inland Revenue purposes.

[fairbyblue]

In my opinion, the charge off is the termination.

 

As MBNA can reclaim tax back on the accounts, they would have to record the end of the life of the account for Inland Revenue purposes.

Well that was before the first DN on statement dated 31/5/08, 1st DN was 18/6/08 so it was well terminated by the second DN as the amout to rectify was the exact same as well indicating that the arrears are not acrruing.

 

[fairbyblue]

The hearing from post 451 is on friday. Thats come round quick. its a hearing from claimant to get strike out order set aside as they think they have complied !!!

 

and still nothing from MBNA for my SAR and LBA from letter in post 468

 

Lets get it on

[supasnooper]

Did MBNA fully comply with your SAR ?

 

Don't forget to ask the Judge about Restons using unsubmitted documents i.e the comms log - should get them a smack on the wrist.

[fairbyblue]

Did MBNA fully comply with your SAR ?

 

Don't forget to ask the Judge about Restons using unsubmitted documents i.e the comms log - should get them a smack on the wrist.

 

No only the statement in december no comms log. i sent them a LBA 5/5/09 and what you had written, no reply to that.

 

At this hearing if the are successful can i ask for dianne powell from MBNA to attent trial on 30/6/09 as she has been sprung on me as a new witness

[pompeyfaith]

i had my last hearing adjourned because of a WS from her and she was not there so my order says i can request her attendance

[pompeyfaith]

optima do not play fair no doubt u will find the WS is not even written by her

[fairbyblue]

Todays the day. I'm sort of confident and re read and re read everything so i am prepared and ready to go.

 

Heres hoping for a good Judge.

[supasnooper]

Have you got the same judge as last time ?

[Viscount Stair]

Good luck.

[fairbyblue]

Have you got the same judge as last time ?

 

No its was DJ W**t last time and now DJ F****.

 

oops sorry

Edited May 22, 2009 by fairbyblue

[fairbyblue]

Well I'm back and survived it. Restons were represented by 'Miss Barr' who introdced herself and asked if i knew what the hearong was about. I said "yes and are you sure you want to continue" She asked on what grounds am i objecting to them having it set aside, I said that they have not served all the complete docs as required. So she said i had admitted reciving them but my point is that they werent complete. I then said I'm not arguing here lets the judge decide.

 

So in we go.

 

First thing Judge says to me thanks for submitting a 102 paragraph statement ( A bit sarky i thought) but he was a judge. He said he was not going to discuss merits of statment and whether DN was defective or CCA was executed he wanted to see if i had them.

 

The t and c's were illegible but he tried to read them and said he could read it albeit slowly.

 

So Im thinking its going t!ts up here and Miss Bar is winning.

 

So then I chucked in a low baller about different account numbers, statements appearing from MBNA 1hr before the expiration of the original order. and the page from the Comms log not being the complete document but a selected page.

 

So the judge went thorough everything to agree that I had recieved everything they are going to rely on.

 

Then he turned on Miss Bar and I can only describe as launched into her for applying for summary judgement whilst AQ not actioned, for serving docs in dribs and drabs, and writing to the court telling them there were 2 files one for summary and one for AQ and he pointed out that it was of their own making. he said "Summary judgement is not a short cut"

 

He was not a happy judge, so I'm thinking 'I'm in here'

 

He then asked why did you only asked for 20 minutes for summary judgement and then at that hearing it was adjourned for a later date with a 1.5 hr timeslot. He said due to my statement and my points raised it will take 5 hours.

 

He said and i quote "I am sick and tired of companies and organisations trying to take advantage"

and

"You can say anything you wish and expect the defendent to accept it"

 

"If he raises points then you have to respond with your reasons and let me decide as these are technical points"

 

and the best one

"He does have a defence so dont tell the court he hasnt"

 

So Mis Bar said "Its a question of cost" So I'm giggling to myself trying to look concerned.

 

The judge pointed out that they were bringing the action and the defendent has every right to respond to the claim.

 

Judge said because of my statement this should go straight to trial and Claimant has tried to 'take advantage' and that he would not have a mini trial then a full trial.

 

He sort of warned her about the likelyhood of her winning but couldnt write that down as I was to busy smirking the upshot is this new order and forgive me it it makes no sense !!!

 

1 The order dated 12/3/09 and 22/4/09 be set aside

2 By 4pm on 5/6/09 claimant to serve a legible copy of t and c and the complete comms log

3 Defendent to serve and file amended defence by 4pm on 19/6/09

4. Claimant reply serve and file by 26/6/09

5. Summary hearing for 30/6/09 to be vacated but for permission on claimant for its restoral (if so advised) and to put the judge on notice because he will deal with the trial (He did sort of warn her again about summary judgement)

6. witness exchange by 24/7/09

7 claim allocated fast track

8 next available date after 1/8/09 for 5 hours.

 

So afterwards with Mis Bar she still didnt know what the comms log was so I told her to speak to Bouchier at cos he has page 15 of it. I said I would be calling Dianne Powell from MBNA to explain comms log because under data protection it has to be clear and unambiguous. She thought that Powell wouldnt come so she is defo getting a summons for a day out at court for 5 hours.

She then said I said I may be liable for costs so I said "Let the judge decide and from what I just heard i'd bring your chequebook"

She said I should get a solicitor as this will drag on and on. So I said no it wont it will be dealt with by the court and not you.

 

So overall I think I sort of got a few points across and the Judge defo had enough of them.

Edited May 22, 2009 by fairbyblue

[supasnooper]

Brilliant. I love a happy ending.

 

Well done on giving Restons a good going over.

 

Did you get costs for this hearing ?

[heliosfa]

well done Fairbyblue! very well done indeed!

[Viscount Stair]

Very well done indeed.

 

You'd have thought that they'd have got the hint that a 102 paragraph statement indicated that you did have an arguable defence and that SJ wasn't appropriate at all but they chose to dig their own grave.

[fairbyblue]

Brilliant. I love a happy ending.

 

Well done on giving Restons a good going over.

 

Did you get costs for this hearing ?

 

No didnt ask nor wasnt offered. barrister was most concerned about her costs and the 5hrs trial