Roydosan Vs MBNA (A&L Card)

[roydosan]

It's been 36 days since my DPA letter arrived at MBNA and still I've heard nothing - not even an acknowledgment. Anyone else had them take so long/longer before replying?

[surreyscouse]

yep, my stuff arrived on day 40 by recorded delivery. You might want to give them a gentle nudge, or just wait and report them to the IC for non-compliance.

[roydosan]

Should I refer to a 'fiduciary relationship' in the preliminary letter or does that just apply for banks? (getting everything ready for expiry of the DPA....)

[surreyscouse]

i kept my claim letters pretty much as they are for the banks to be honest. I really don't think they read them as they are all pretty much the same that they get through. May as well leave it in

[roydosan]

Just had a reply today (40th day) and I am not happy. It reads:

 

"As requested we have enclosed copies of your statement information since your account converted to MBNA in March 2003. You will receive fee information from July 2000 to conversion in the next 10 working days. Please accept my apologies for the delay. If there have been any transactions on your account as a result of manual intervention, they will be included on the enclosed statement information.

 

Onthis occasion we have provided this information to you free of charge.

 

Should this information not be sufficient, and you wish to make a full data subject access request under section 7 of the Data Protection Act 1998, please complete and return the attached form.

 

Please ensure you include the fee of £10 and appropriate ID (e.g. photocopy of driver's licence or passport)."

 

WTF????? The letter was clearly labelled as a DPA Subject Access Request and I enclosed a postal order for £10 (it was returned with this letter) so now the 40th day has expired and all I have received is a list of fines imposed since March 03 and now have to wait another 10 days to get the rest of the information (or part of it - since I requested further back than July 00). Do I have a right to complain to the Information Commissioner for non compliance or can they make me wait another 10 days?

[JLW61]

Roydosan

 

Got much the same from them.. although they just sent me a list of charges - when I checked it found they were some missing.. so sent off the SAR again.. waiting for full info now

[roydosan]

So have you had to give them another 40 days? That can't be right. My original letter clearly stated that is was a DPA SAR under section 7. Are they allowed to ignore it for 39 days and then write to me and say if you want an SAR write back to us?

[roydosan]

Can anyone help on this? Do I have to give them another 40 days?

[surreyscouse]

reoprt them to the IC. They had your £40, if they had a problem then they should have contacted you sooner, you have done nothing wrong here. They are obviously quite happy with your identity as they wrote to your home address with a reply

[roydosan]

If my claim is for just under £5000 and the court costs take it over £5000 does that mean it will no longer be eligible for the small claims track?

[roydosan]

Ok sent the preliminary request for repayment today.

[roydosan]

Just had a response to my prelim request and LBA. They are offering £170 in full and final settlement of my claim for £4,650! By Tuesday it will have been two weeks since they received the LBA so it'll be off to MCOL! Looking at other peoples cases I thought MBNA would be easy but obviously they are not playing the same way with everyone.

[roydosan]

Ok here's my response to their letter:

 

Dear Rachel Claridge

 

RE: Accounts xxxxxxxxxxxxxxxx/xxxxxxxxxxxxxxxx

 

Thank you for your letter dated 6 December 2006. I must respectfully decline your offer of £170 in full and final settlement of my request for repayment of charges and interest incurred. This is a derisory amount and does not even begin to approach the amount I am claiming. I appreciate that late and over-limit fees are part of your terms and conditions but that does not make them legal. Your interpretation of the Statute of Limitations Act does not accord with mine. You therefore leave me with no option but to pursue this matter through the courts, where I look forward to clarifying these matters with you.

 

Yours sincerely,

 

Roydosan

[roydosan]

2 Weeks up after LBA. Initiated claim at MCOL this morning.

[TETSUO]

Ok here's my response to their letter:

 

Dear Rachel Claridge

 

RE: Accounts xxxxxxxxxxxxxxxx/xxxxxxxxxxxxxxxx

 

Thank you for your letter dated 6 December 2006. I must respectfully decline your offer of £170 in full and final settlement of my request for repayment of charges and interest incurred. This is a derisory amount and does not even begin to approach the amount I am claiming. I appreciate that late and over-limit fees are part of your terms and conditions but that does not make them legal. Your interpretation of the Statute of Limitations Act does not accord with mine. You therefore leave me with no option but to pursue this matter through the courts, where I look forward to clarifying these matters with you.

 

Yours sincerely,

 

Roydosan

 

You need to be careful about the language used here I think. Bank charges are 'unlawful' not 'illegal'.

 

It probably won't make a difference as they know what you mean

[roydosan]

Just received a letter asking me to stop the court case and enclosing a cheque for the full amount! Nice result in time for Christmas!