Me against them v's Abbey Credit Card

[Braveheart12]

CCA arrived today! The covering letter states;

 

In accordance with section 78 of the Consumer Credit Act 1974, we enclose a copy of the credit card agreement (original and current) including applicable terms and conditions, and your most recent statement of account.

 

We appreciate the copy of the original agreement is not very clear but it is the best copy we can provide. For the avoidance of any doubt, all of the necessary and prescribed are included in the credit agreement and in addition we have also provided you with.

 

If anything needs clarifying please call.... blah...blah...blah

This looks very strange to me! This is the bottom third of a form and the second side looks like copy and paste job! If you look carefully in the botton left hand corner you can see the top edge of some text that they have chopped. Also non of the codes match each other.

 

Another thing is that there is not any mention of is the PPI they miss-sold to me!

 

Any opinions welcome! thanks in advance!

 

 

 

I've blew it up a bit but its still really unclear.

[cerberusalert]

I may be wrong but if the T&Cs are supposed to be the reverse of the sig form they look to be too big. The right hand margin looks to have been cropped off to make it fit in width.

[Braveheart12]

After viewing this CCA with Windows Photo Viewer with the zoom tool I think this is a fraud. It has several parts that have been copied and pasted to produce a CCA that looks authentic. I have compared it to another Caggers CCA (see link below) that is very similar to mine and the paragraph's and signatures boxes are not in line with each other. Looks very dodgy!

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/197919-abbey-credit-card-cca.html

 

Maybe I should send the letter Pinky69 suggested in post 5 from the link above.

[Braveheart12]

SAR Sent today FYI

Edited June 2, 2009 by Me against them!

[Braveheart12]

Recieved a response letter to my SAR today. My SAR letter was returned along with the £10 postal order due to so called security reason!

 

Their letter stated "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 the cardholders signature). Although statement information has been sent to you at your address a current posatl address is not an adequate form of identification. Due to the amount of personal information MBNA will be sending in the Subject Access Request, including bank details, security information, places and dates of birth, we require extra identification from our customer.

 

I don't really want to provide them with such information if I can help it! Is they required to supply me with the requested information without this I.D?

[cerberusalert]

Dear Sir,

 

You have stipulated that you require proof of my identity/signature before you comply with my SAR, may I bring the following to your attention;

Data Protection Act Good Practice Notes:

 

2. Do you have enough information to be sure of the requester’s identity?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.

 

Suffice to say that if the Information Commissioners Office are satisfied that if you have previously corresponded with me at this address then it is reasonable that I am the person I say I am, therefore there is no leglislation nor guidelines that you can hide behind in an attempt to avoid fullfilling my legal request,

 

Yours,

Print name do not sign.

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/checklist_for_handling_requests_for_personal_information.pdf

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=8861&d=1242456802

[Braveheart12]

Should I include my oringal SAR and £10 fee, along with a copy of their letter?

[cerberusalert]

Yes, you should also add in the letter that if they don't comply you will be making a complaint to the ICO and they will be liable to a £5000 fine.

[Braveheart12]

Thanks.

[Braveheart12]

I also recieved a letter from MBNA showing the balance on both my Abbey & MBNA credit cards. The Letter states "At least one of your accounts issued by MBNA (or issued by MBNA on behalf of an affinity partner) has been scheduled to be written-off as a bad debt next month."

 

also...

 

"If we do not receive a payment or you do not contact us by 16th June 2009, we may employ a collection agency or sell this debt after it has been written-off. "

 

Hopefully they will mess up the default notice, I will be keeping the envelope this time!

[Braveheart12]

MBNA have again responded to my SAR letter by stating I must call them to answer telephone security questions if I will not provide them with copies of my identification.

 

Idiots..they can send me pointless letters and demands to my address, but not information about myself!

 

Is there a way to make them send this information...also they have kept my £10 postal order!

[Braveheart12]

Can anyone advise me of how to get MBNA/Abbey to send me my information?

[cerberusalert]

You could suggest that you pick them up personally at an Abbey branch where you will prove your identity.

 

If they still fail to comply you can then make a complaint to the Information Commissioners Office who have the power to make them comply.

[Braveheart12]

Thanks...I'll give that a go.

[Braveheart12]

Still know sign of my Subject Access Request which was posted on the 2ndh June, over the specified 40 day period. Is there need to send a follow up letter highlighting there non-compliance?

 

I sent them a letter asking them to send the information to my nearest branch and inform me of when I could pick them up. i have not received a response to tha letter either (sent 8 July).

[Braveheart12]

Finally my DN has arrived today. MBNA say I have to pay the full outstanding balance to remedy before the 29th August!

 

I thought it was only the amount of over your limit or your arrears; which ever is greater. Not the Full ballance!

 

They say "You have repeatedly broken your agreement with us by failing to make your minimum payments. Paragraph 8f of you CCA provides that, subject to sending you any notice required, you must pay the whole balance if you repeatedly break this agreement and fail to sort out the matter. A stop has been placed on your card and a defualt has now been registered against this account at the CRA's."

 

Can anyone confirm that this DN is dodgy so to speak! Thanks.

[Braveheart12]

Here's the DN...

[cerberusalert]

Have a look through this; http://www.check-my-debt.co.uk/uploaded_files/CC-En-D-T-Notices1974-SI1983-1561.pdf

[Braveheart12]

Still no sign of the SAR document, I have asked for them to be made available at my local branch so I can show them ID and collect in person. There was no response to my letter.

 

Also the account has now been passed to Lowell.

[cerberusalert]

Make a complaint to the ICO and send Lowells the 'in dispute' letter.

[Braveheart12]

By complaining to the ICO, is this likely to get Abbey/MBNA to provide me with the documentation?