MBNA SAR Request

[diddydicky]

i would also put the sentence in that the crosses through your signature are for security purposes ( i beleive a SAR HAS to be signed)

 

 

otherwise you run the risk of them sending it back saying you struck out your own signature!

[Stagparty]

Thank you for that Diddy

[diddydicky]

no, it was my mistake i was being lazy,

 

the nice thing is that as a layman you are allowed to make some minor errors - so long as the gist of the letter is along the right lines its ok

 

the acid test is always

 

what would a right thinking person make of it

[diddydicky]

you missed the word "When" between example and you

 

(see i'm awake now!)

[Stagparty]

Hi all

 

I recently SAR'd MBNA with a view to finding out how much they had taken from me in PPI which I believe was missold. They have replied to the SAR but failed to enclose anything regarding the insurance contract, terms, cancellation possibility etc.

 

Is there a standard letter that I can use to reply pointing out this omission and does anyone know if it is possible to request trancsripts of telephone calls via an SAR or if it possible to use something like "on the basis you have not provided any transcripts of telephone conversations I am forced to assume that none exist" - and then give them, say, 14 days to clarify the position?

 

Thanks in advance

[the_shadow]

Hi all

 

I recently SAR'd MBNA with a view to finding out how much they had taken from me in PPI which I believe was missold. They have replied to the SAR but failed to enclose anything regarding the insurance contract, terms, cancellation possibility etc.

 

Is there a standard letter that I can use to reply pointing out this omission and does anyone know if it is possible to request trancsripts of telephone calls via an SAR or if it possible to use something like "on the basis you have not provided any transcripts of telephone conversations I am forced to assume that none exist" - and then give them, say, 14 days to clarify the position?

 

Thanks in advance

 

Couple of options:-

 

Send letter / LBA, template for non-conformity to SAR found here (Link to templates section)

 

Complain to ICO via website.

 

S.

[babybear39]

A SAR is a request for everything they hold on you including transcripts or recordings of telephone conversations.

[Stagparty]

Thanks everyone, I've fired off the LBA duly amended to fit my situation

[Stagparty]

For the last 6 months I have been making only token payments to my MBNA account. It was opened after the law changed in 2007.

 

I got a letter today offering me a "once in a lifetime" (yes they are the words used) opportunity to settle at a reduced figure. They are offering a 65% discount. If I decline, apparently the account will be assigned to a DCA at the end of the month.

 

I may well have a claim for mis-selling of PPI but this would be for less than £1000 in total as I cancelled it when they hiked up the interest rates.

 

If I knocked off the amount I think they owe me for the PPI claim, I can probably raise the balance from family.

 

I'd normally not consider something like this but with this being a post 2007 agreement then unless MBNA screw up the Default Notice and terminate on the back of it then I think I'd be at the mercy of the DCA's.

 

So my questions are...

1. Has anyone else had a letter like this?

2. Is the 65% discount reasonable or should I push for more?

3. Any other comments or advice?

 

Thanks in advance

SP

[blueotter]

And the mbna lottery rolls on,i was offered something similar,40% discount i believe,but it was for a partial settlement,the rest they could just sell on to a dca.

You need to check what they're really offering you because they'll dress it up to make it sound like you're getting a deal.

[Stagparty]

Hi Blueotter

 

Thanks for your reply - yes I'd be very careful how I did it, and would want a letter signed by them agreeing to all the terms before I did it. I wonder why they have offered me a 65% discount and you 40%

 

The terms I would want including are full and final settlement with no right to pass the debt on/assign it/sell it, the account marked as settled with the CRA's (rather than partial settlement) and any adverse data removed.

 

Should any other terms be included?

[blueotter]

Hi,i wrote to them on the advice of vint (he's brilliant by the way) and wrote to them making an offer,they then found my cca i'd be requesting for months and then defaulted my account on the same day !!

You're dealing with a complete shower here i'm afraid.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/205060-mbna-dca-advice.html

 

Link to my thread ,you may find some pointers in it,especially the offer of payment letter that contains info you need if agreeing to their offer.

good luck with it and i'll keep looking in.

[Stagparty]

Thanks Blueotter - good luck with it all too!

[Stagparty]

Just a quick question for someone..... can I put the account into dispute for their failure to comply with a SAR ?

[Stagparty]

I've just checked my records and the original SAR was made in April and I still don't have all the information!

 

Is this enough to put the account into dispute?

 

Thanks in advance of your help!

[Stagparty]

Hi could anyone please tell me what date in April 2007 the law was changed in order to effective make all agreements enforceable at the discretion of the court.

 

I have an MBNA Account which, depending on which piece of paper you look at was opened early April 2007. The exact date could be really important.

 

Thanks in advance

SP

[Pinky69]

The date was 6 April 2007. The Act was not retrospective and agreements before that date are still subject to S127(3) of the CCA 1974.

[mjc007.5]

Agree with Pinky!

Went looking a while ago but had to do some work in between times

[Stagparty]

Thanks very much for your replies. That's potentially very interesting indeed.

Am I right in thinking that its the date that the account was opened as opposed to the date the first transaction was made that is the important thing here? In other words, if the account was opened on 1st April but the first transaction wasn't made until 10th April then the account falls under the old rules?

[vint1954]

Yes, it is when the agreement was entered into.

[Stagparty]

Just an update here which may well turn everything on its head.

 

I've checked the SAR again and it appears that as the new legislation came into effect on 6 April 2007 that the old rules apply.

 

Because of my mistaken belief that the new rules applied I haven't made a CCA request. Instead I made a SAR request.

 

The SAR was incomplete and so I have requested the missing information a couple of times. I think I have received a reply today which could prove very important. One of the items missing from the SAR was the original T's & C's. The reply from MBNA today advises that "am unable to provide a full copy of your original terms and conditions".

 

Am I reading too much into the potential significance of this? Should I now CCA them and wait to see if that brings the same response?

[Stagparty]

That's really siginficant Vint - I've just posted on my thread "MBNA - Discount Offered - Advice please"

 

Would you be good enough to cast your eyes over that, especially my last posting.

 

Thanks

SP

[vint1954]

I've just checked my records and the original SAR was made in April and I still don't have all the information!

 

Is this enough to put the account into dispute?

 

Thanks in advance of your help!

First thing Stagparty is no, the lack of SAR is not enough.

 

Without delay, you need to request your CCA.

 

MBNA Europe Bank Limited

P.O. Box 1004

Chester Business Park

Wrexham Road

Chester

CH4 9WW

xxxxxx 2009.

Dear Sir/Madam

 

Re account no xxxxxxxxxxxxxxxxxxxxx

 

With reference to the alleged debt to your company, this letter is a formal request of true copy of a signed and dated credit agreement for the above account number, under the terms and conditions of section 78(1) of the CCA act 1974. I enclose the statutory maximum fee of £1.00

 

I expect you to comply fully and properly with this request, within the statutory time limit.

I enclose a postal order no xxxxxxxxxxxxxx in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

I look forward to hearing from you.

 

Yours faithfully

 

They have 14 working days from posting to respond.

 

Post on here again after that time is up, or they supply an agreement if this is earlier.

[vint1954]

Just an update here which may well turn everything on its head.

 

I've checked the SAR again and it appears that as the new legislation came into effect on 6 April 2007 that the old rules apply.

 

Because of my mistaken belief that the new rules applied I haven't made a CCA request. Instead I made a SAR request.

 

The SAR was incomplete and so I have requested the missing information a couple of times. I think I have received a reply today which could prove very important. One of the items missing from the SAR was the original T's & C's. The reply from MBNA today advises that "am unable to provide a full copy of your original terms and conditions".

 

Am I reading too much into the potential significance of this? Should I now CCA them and wait to see if that brings the same response?

Was there a credit agreement in the SAR pack.

[vint1954]

Posted on your MBNA thread