Muffintop v mbna

[Muffintop]

thanks Toxic but their letter states that if i do not send a copy of my usual signature with a copy of passport or driving license they will not send my sar... sure they cant do this but dont know what letter to send, there will be something in data protection enforcement.

[underdog13]

You can argue the point with them that they saw fit to send all other documentation to you (including the s78 response, I'm guessing), without the need for proof of signature.

 

Otherwise you could vary your signature from the norm, then if they try to cut and paste it onto any documents, you will have proof that they faked it - be as covert as them;)

[underdog13]

Just saw the post above mine (cross posting), about passport or drivers licence signature - could you copy your passport or licence and make it really dark, blurry and illegible - just like one of their 'agreements'?

[toxicdebt]

Im not sure if you have to sign but if it turns out you do, could you draw a box grid of horizontal and vertical lines in Word then sign over the top of it. This will make it harder to lift.

 

Did your CCA have your proper sig on like mine did? Also did you ever use any MBNA cheques they may have sent you? If so they have your signature already so it may not be that important not to sign. But Id still try to make it hard for them to lift it off the page.

 

On the lighter side.... Write a MBNA cheque out for the entire amount owed, make it payable to MBNA and sign that:D

[Muffintop]

tnx, did consider making it illegible but if I end up going to court on their non compliance I dont want the dj to think that Im playing silly beggers.. may have to go for a slight variation so I know they copied my signature fraudulently but this is dodgy to proove as it would be obviously different.got to be another way round it

[underdog13]

I have read threads where others have simply refused to provide the docs, pointing out why it's unnecessary and MBNA have sent the SAR - I think they're just trying it on.

 

How about suggesting they send it recorded delivery and you'll prove your ID on receipt? Show the delivery person your passport/licence and just do a scrawl for a signature?

[Windywoo]

They send your SAR by special delivery - that should be sufficient evidence of your ID.

 

Strangely, what wall all the hassle I have had with MBNA, they didn't ask for any ID or signature!!

[guzzleguts]

Hi m

 

They never asked for signature for mine, if i was you send them a letter stateing that they comply without the sig, and the clock is still ticking on the 40 days.

 

IF they dont comply with your request, you can take it through the county court where they will be liable for costs.

 

GG

[sunflower99]

Hi Muffintop i am going to pm you about this

[banker_rhymes_with]

Hello Muffintop!

 

Just turn this nonsense back onto MBNA. Here's a suitable chunk of text taken (and edited by me, so any mistakes are all mine) from a good letter originally drafted by Curleyben:

 

Please note that the above address is the one which you normally use to communicate my private financial business to me and which you have hitherto found to be acceptable. I have to ask if you are concerned that you are corresponding with the correct person, then why has it taken so long to raise this matter.

 

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.

 

They are just being difficult. Up until this, they have been more than happy to send highly confidential Data to you without any such checks, so are they now saying they were not sure it was you! That is clearly nonsense, so they can send the Subject Access Request without the need for any otiose signature checks being required.

 

The most likely explanation is your Subject Access Request was handled by some minion who thought it would be clever to annoy you and/or knew they needed to play for time for some reason.

 

Send it back to The Company Secretary at their Registered Office, along with a strong complaint telling them not to be so petty minded and annoying. Tell them to jolly well pull a finger out with a pop, and get on with the job.

 

Remind them that this changes nothing, the 40 Day timescale is ticking, and started from when they received your valid Statutory Request and £10 fee.

 

Remember folks, keep the letters short, sharp and clinical...something a Judge can speed read and grasp the point straight away. No need to write the MBNA an essay!

 

Cheers,

BRW

Edited January 24, 2009 by banker_rhymes_with
Clarity.

[Josie8]

GOT A PROBLEM GUYS....

Mbna have send me a letter today in response to my Subject Access Request request as I wanted to make sure they hadnt sent any default notices that they hadnt even sent if you get my drift.

They wont send me my Subject Access Request for security reasons until i provide positive id with my signature, they will not accept that they send my statements to home address and say that they must have copy of my usual signature as proof or they will not send this and will assume I dont want the information.

 

What shall I do??? can they do this???? who will back me up, the information comissioner is about as good as a chocolate tea pot with complaints... can someone assist me pse getting twitchy

 

 

Do 2 things.................

 

1. Write back to MBNA & state what BRW says............

 

2. Go online to the Information Comissioners Office Complaints about data protection policy - ICO

 

& make a formal online complaint enclosing a copy of all correspondence and an account atatement . This is something the ICO is good at dealing with - non compliance !

 

My exerience with MBNA tells me that they probably either

a. can't find your agreement

b. can find it but its unenforceable

c. haven't sent you a default notice or

d have sent a default notice but know its invalid

or a combination of one or more of the above..............

 

Game on.................

[creditcardmug]

First, don't supply them with your signature, end of.

 

You have requested the SAR under the Data protection act, if you want to try to force them to comply with it, you will have to issue a court claim against them, under that act, not the CCA, (if you have the money/the will/the time to do this.

 

Now, is it worth doing this?. can you just go through the main points of your problem with MBNA again, to save me reading back thro the thread, inlclude how old the account is and a link to the alledged agreement, and default notice, (if you have had them).

 

Who is currently dealing with this (i.e. DCA or Original Creditor, and what is their latest position?).

[Muffintop]

What a way to end my birthday. Iv done it. all scanned all copied to photobucket,

When you guys back on here would you check it out 4 me.. ho ho ho lets hope mbna got it wrong but not so sure. x

http://i369.photobucket.com/albums/oo137/skeggs885/mbna/mbna1-1.jpg

http://i369.photobucket.com/albums/oo137/skeggs885/mbna/mbna1.jpg

http://i369.photobucket.com/albums/oo137/skeggs885/mbna/mbna3.jpg

http://i369.photobucket.com/albums/oo137/skeggs885/mbna/mbna4.jpg

http://i369.photobucket.com/albums/oo137/skeggs885/mbna/mbna6.jpg

http://i369.photobucket.com/albums/oo137/skeggs885/mbna/mbna7.jpg

http://i369.photobucket.com/albums/oo137/skeggs885/mbna/mbna8.jpg

http://i369.photobucket.com/albums/oo137/skeggs885/mbna/mbna9.jpg

http://i369.photobucket.com/albums/oo137/skeggs885/mbna/mbnasign1.jpg

 

thats all agreement form they sent me the signature form where i signed and the other tear off part with credit agreement regulated by were copied back to back.

Thanks, here are the docs they sent me posted early on in my thread, there are inconsistencies in the tear off slip prob microfiche app form think its from 2004. I have now missed 3 payments to them and placed account in official dispute. Not received any defaults yet but that doesnt mean they havent sent them, waiting for my credit file tocome. They have now got a company called RMA involved who have written to me once, I have responded telling them until I have CCA I do not acknowledge the debt. I wanted my SAR to get full picture and this is where Im at...

Edited January 24, 2009 by Muffintop
missed off the tear off slip signature

[Muffintop]

I would be prepared to issue a claim small claims (120.00 isnt it) for non compliance of data protection information but dont know how to go about this or what to put on my poc and would want to have bit more advise if were to go this route, does anyone know if anyone else has done this and would it mean that I would just win them having to provide what I asked initially or would I be awarded costs for their non compliance. seem to recall seeing something on this somewhere and the person got 1k payment for non compliance.....

[creditcardmug]

Theres a few users on here who have done this, i think reallymadwoman may have, and some others, if i find out ill let you know.

 

I cant offer much help myself as i havent done it.

[Muffintop]

Going to send this out in morning could you guys take a look to make sure not stitched my self up in anyway.

 

If we start standing up to them with the Data protection issues they will have to find something else to stall on. Iv got the bottle to do it but do need advise if anyone can give it and has done it before.

 

Dear Mr

 

Thank you for your letter dated 22nd January 09 the contents of which are noted

In your letter you make reference to requiring my signed authorisation specimen signature and copy of personal documentation in the form of driving license or passport before you will comply with my Subject Access Request under Data Protection Act 1988.

 

I draw your attention to the fact that the Data Protection Act 1988 does not require that I supply you a copy of my signature before you comply with my Subject Access Request.You are clearly aware 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?

 

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

 

My request for my Subject Access Request containing all written records held by you regarding myself with MBNA plus all disclosure of any notes, telephone calls made by me or your staff at call centres in Uk and offshore, any defaults issued by you and copies of any previous statements was made on 3.1.09. I also requested any renewed signed and fully executed copies of the credit card agreements to include all terms and conditions from the time the agreement was signed as laid down in S85 of the Consumer Credit Act.

 

You now have until 13th February 2009 to comply with my request within the set down 40 day period or I will have no choice but to take further action and apply to County Court for an order to enforce compliance under Sec 7 of the Data Protection Act, together with damages at the discretion of the court. I will also advise the Information Commissioner by way of official complaint.

 

I note that there is no provision in the Data Protection Act that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

I look forward to receiving the documentation requested in the next 19 days so we can resolve this issue

Edited January 25, 2009 by Muffintop
added on

[creditcardmug]

looks good to me

[Muffintop]

tnx c c mug, looks like a goer then and see where it takes me, i have got married in last 6 months and my name could argueably have changed so i wouldnt have to sign it in the name they have for me anyway I guess, although could be issues as Iv not informed them of change of name yet

[angel_1]

Muffintop

 

hiya

 

i chased up one of my creditors not mbna and have only given them 7 days from when they recieved my letter, at that point they were lots of days over my 40 days though, it sure shot the bullet up their bum, within two days i got an apology and info where other parts of the company have now had a copy of my letter and copy of my original letter.

 

Will wait for my deadline and see if i get what iv'e wanted , which in in my case is the cca info ,,,,

my original was sent to the registered office, and they dare to tell me went to wrong team, Not my problem, its reached the company and down to them to get their act together

i sent my letter registered post. 4.60 though

 

 

of course i got something similar from mbna, i sent similar letter and still didnt sign it, and they got me to call them which i did only to answer date of birth, address and mothers maiden name, and then i got my sars info duly in the post, but i would try your approach first,

good luck,,,,

 

laters angel x

Edited January 25, 2009 by angel_1

[Muffintop]

tnx Angel we will see what happens.

[angel_1]

tnx Angel we will see what happens.

 

 

PLS EDIT post 166 it has xxxxxxx in the letter there, take it out for your protection

 

yes we shall see, ,,,,

 

laters angel x

Edited January 25, 2009 by angel_1

[Muffintop]

Angel Can You Edit Your Posts Where You Have Again Posted Name Twice, I Cant Edit Them

[angel_1]

Angel Can You Edit Your Posts Where You Have Again Posted Name Twice, I Cant Edit Them

 

 

yeah, thanks for that,,,there is me warning you and id got my knickers twisted and left the info in my post, silly me,,,sorry all stressed at the mo

 

going with friend to her possession n244 hearing in the morning and we do hope we can get the judge not to process the eviction on wed

 

see ya laters angel x,,,

[underdog13]

Best of luck to you and your friend, angel. Fingers crossed for you.

[angel_1]

thanks muffintop for the swift reminder for my errors ,,and am so glad all sorted now - doh me,,,

 

thanks underdog, its been a long day off to bed now

 

good night all

 

laters angel x