AK Claimform - MBNA card 'debt'

[MeeBroke]

I sent my SAR off to MBNA yesterday. They now have 40 days to comply-which will take me almost exactly up to a year since I made my intial request to see my CCA.

 

A year of stress and a ruined credit score-all because they couldn't explain why they ramped up the interest rate on my account even though I have never missed (or been late on) a payment. They couldn't explain and wouldn't budge on reducing it, so I CCA'd. A year on and here I am.

[haggis1984]

Im at exact same stage with MBNA MeBrooke, you're not alone mate!

[MeeBroke]

Im at exact same stage with MBNA MeBrooke, you're not alone mate!

 

Always good to know you're not alone

[vint1954]

Im at exact same stage with MBNA MeBrooke, you're not alone mate!

I would advise that you and MeeBroke make an apointment with a reputed wig manufacturer. You will after all, pull all of your hair out.

[haggis1984]

 

Dont give MBNA any ideas Vint. Theyll be selling wigs soon!

[vint1954]

You could always charge them to your card:eek:

[MeeBroke]

Update. I've SAR'd MBNA mainly to verify default dates. No word from them. Exp Cred have upped their game slightly and have forwarded a grainy photocopy of what looks like the tear off portion of an application- yes it looks like the very same unenforcable document that MBNA produced after 8

months of searching.

 

Anyway, I'm doubtful that Mbna will cough up the SAR anytime soon, so I'm tempted to send unlawful recission notice. I assume this goes toMbna but what, if anything, should I write to Exp Cred? What should I expect to happen after sending recission letter?

 

Advice appreciated

[Dotty50]

Hi Meebroke,

 

I sent UR letter to MBNA and advised DLC of UR I also sent SAR on 2nd Feb.

 

DLC acknowledged receipt and advised that my letter had been passed to their compliance dept and a full response would be sent in due course........ nothing from them yet!

 

MBNA just sent one of their standard templates to advise that they would investigate my complaint and reply within 28 days and another apologising for delay and would respond by 2nd April!

 

SAR was signed for on 4th Feb so guess their time is nearly up.

 

Experto Credite have just been assigned to my other MBNA account with Virgin but I have yet to respond.

[MeeBroke]

Thanks Dotty

 

sounds like I better send the UR now then. Is there any consequence to them not fullfilling an SAR within 40 days?

[Dotty50]

I think if they don't reply it's a complaint to the Information commissioners office.

[MeeBroke]

Right UR to MBNA today (no response from them on my SAR made on 25 Feb).

 

Letter informing Ex Cred also posted.

[Capricorn1601]

Thanks Dotty

 

sounds like I better send the UR now then. Is there any consequence to them not fullfilling an SAR within 40 days?

 

Mine to LTSB wasnt fulfiled. Still hasnt been. I complianed to the IC and it is now subject to a further investigation. Firstly they came back and told me LTSB have no record of receiving the SAR. I wrote back in a sarcastic manner pointing out that I sent the SAR recorded mail and sent them a copy of the Proof of receipt, I also sent the copies of two letters referring to my 'complaing' after they received it. The second letter said it was being sent to another team at another office. Still waiting for the outcome of their investigation. Currently LTSB and MBNA are very quiet. Waiting for the storm to brew.

[gonnaliveonaboat]

Hi Guys,

 

I am new to this site, but must say it is excellent. I have been having issues with MBNA since last august. I naively phoned them to say i was having issues with managing payments since becoming ill and unemployed. they were helpful on the first call, but then you would have thought the gates of hell had opened. constant very abusive threatening calls, postcards, letters from their various bloodsuckers. I stopped answering them, followed the national debtline advice and sent standard letters, with a budget sheet offering a token payment (which the halifax accepted). They have never answered a single letter directly, always sent a standard you must call us to resolve. I have sent the stop calling me or I will report you etc letter, and still they send the you must call us letter. I also get the texts. I have cancelled every phone number they have on record. The other day I got a letter from them saying they have been trying to help me for the last six months!!! I requested a SAR which is due by the 23rd of march, but I am not hopeful of getting it back. I have sent them copies of all my letters today asking them to actually reply... we shall see.. I also got the charging order letter again today.. that seems to be a monthly occurence. In my case this will have to go as far as they take it because I literally no longer have a penny to my name...

[Dotty50]

Hi gonnaliveonaboat,

 

Welcome to the club!

[MeeBroke]

I've just noticed on other threads that MBNA have cobbled together a templated response to UR claims.

 

Those letters came from Gail Powell. Do they really have the Vice Prsident of MBNA writing directly to people on all these issues?

[gonnaliveonaboat]

Just a quick update..

 

I have received my final letter(s)... there seem to be so many final ones!.. so I thought I would phone them as they have never answered a single letter of mine. I got through to Miriam after a particularly hostile telephone op answered first and I asked why mbna never answer letters.. apparently they are a telephone bank and therefore do not do adult grown up writing. So I asked about my SAR from the 12th Feb and she said 'we never received that...' a quick mention of the proof of delivery I have sitting in front of me and she decided it wasn't worth persuing the conversation and put the phone down!!!!... so I am being sold on, on the 31st march, assuming they can find someone who wants to buy a toxic debt!!!

 

 

Simon

[gonnaliveonaboat]

Actually I think it is about time MBNA were reminded that they are not above the law and that Chester TS should get its act together and act in the best interests of the consumer. I am gonna start a mass torte against these people if I can raise enough interest. Contact me if you are.

 

Simon

[MeeBroke]

Actually I think it is about time MBNA were reminded that they are not above the law and that Chester TS should get its act together and act in the best interests of the consumer. I am gonna start a mass torte against these people if I can raise enough interest. Contact me if you are.

 

Simon

 

Exp Cred bought my toxic debt- even though these is no agreement and a faulty DN. Chester TS met with MBNA on my behalf and asked for my CA. MBNA lied and said they already gave it to me. Chester TS took them at their word- and dropped it.

 

I'm 100% in on any action. I'm the kind of person that will commit to taking things as far as we need to.

[gonnaliveonaboat]

Hi Meebroke,

 

I think I will start a new thread to see how much interest I can raise for the people vs MBNA

 

Simon

[MeeBroke]

Well, today is day 40 from my SAR. No response whatsoever from MBNA. They have not banked my cheque. I have electronic proof of delivery of course-and for once someone signed for it with an actual legible signature.

 

What should I do now?

[vint1954]

Send the second letter from the forum data base chasing them up.

[Capricorn1601]

then report them to the ICO for breach!

[MeeBroke]

then report them to the ICO for breach!

 

Is there a letter/address for that floating around anywhere?

[MeeBroke]

Send the second letter from the forum data base chasing them up.

 

Sorry to be thick but, I've had a look at the various libraries and I'm not sure which one you meant Vint.

[citizenB]

Sorry to be thick but, I've had a look at the various libraries and I'm not sure which one you meant Vint.

 

I dont think there is a chaser letter if a Bank/Creditor fails to supply the data within the requested timescale, but it is fairly simple to draft one up for yourself.

 

First of all, make sure you have a copy of the RM signed/delivered receipt from their website and attach it to your copy of the original SAR.

 

Then check with the Post office (if you sent £10.00 by postal order) to see if your PO has been cashed. The direct line for this is

 

01246 542091 They may even write to you confirming this if you want them to.

 

Your letter should go along the following lines. Also enclose a copy of your original SAR letter.

 

 

 

Attention : Data Controller

 

LETTER BEFORE ACTION

SECTION 7 - DATA PROTECTION ACT 1998

 

Dear Sir/Madam

 

Account Ref:

 

You have failed to comply with my Data Protection Act Subject Access Request dated XXXXXXXXX .

 

 

This was received and signed for by BANK NAME on DATE OF RECEIPT. The postal order in the sum of £10.00, was cashed on DATE OF ENCASHMENT.

 

If you do not comply within the next 7 / 14 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

 

You can a) either take them to court or b) advise you will be making a complaint to the Information Commissioner.

 

The following user took LTSB to court and won for non compliance of SAR...

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/208966-me-them-sar-non.html

 

Complaining to Chester TS is pretty much a waste of time in respect of MBNA.