Help with MBNA CCA, please. - ***WRITTEN OFF***

[Gazza112]

Hi Laura

 

I would personally send them a cca to the companies at the moment.

 

Gaz

[MARTIN3030]

Please remove posts to correct places, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 36, 43, 44, 45, 46, 47, 49, 53, 57 and 58

 

 

Laura-I presume that you want those posts moving into respective threads that reconcile to different card issuers ?

 

Any chance you could group them ?

 

I mean for Lloyds give the post numbers.

 

for xxx give the post numbers

 

etc etc.

Will make it much easier for us to do then.

 

TA.

[MARTIN3030]

Right I think sorted for now.

I saw there were a couple of non MBNA issues within this thread.

 

Lloyds TSB

Citicards

Cap 1

 

Have created threads for each of those and moved into the respective forums.

[Laura Cooke]

Thanks Martin so aprreciate this had this come today in response to writing 2nd time to MBNA about not sending me hubbies sars because they want signature, it came in a hand written envelope with the date clearly marked on it strange? they haven`t returned the £10 postal order this time or the sars request letter any ideas anyone?

Edited January 13, 2010 by sea-sidelady

[diddydicky]

copies of two utility bills in your name at the address that are no more than 6 months old would be adequate proof without the need of a signature

 

a letter from THEM addressed to you at your address would be proof since surely they would not (under the data protection act) disclose personal senstitve information to you address if they were not sure you lived there!!

[Laura Cooke]

We pay all our bills online we don`t get paper bills and it specifically said it requires something with my hubbies signature on such as a passport or driving licence so can`t see how folk get round this it really is annoying can`t see how we can sort it

[SteveH2508]

Advice please my hubbie`s first default on one of his MBNA accounts envelope as no postage mark but saved it

 

The Account number is still visible!

 

Is the number the same one relating to the card? MBNA often change the number before write-off so it is a different number on the DN to the account! (which would render the DN invalid IMHO)

[citizenB]

Have unapproved the post with your document in as it shows an account number.

 

Let me know when you have removed the personal information and we can approve the post for the new link.

[Laura Cooke]

My hubbie`s first default off MBNA for one of his two accounts comments please

Edited January 13, 2010 by sea-sidelady
Details showing

[sea-sidelady]

I have removed any post where details were visable.

[Laura Cooke]

Any advice on MBNA requesting proof of signature by means of a passport or driving licence before they`ll send me a cca/or sars

[Gazza112]

Any advice on MBNA requesting proof of signature by means of a passport or driving licence before they`ll send me a cca/or sars

 

 

I would advise you send the letter i posted up a few days back about not having to sign. You will probably get a letter back asking to phone them and to ask a couple of security questions. I had to do this with them and it's preaty straight forward. But dont on any terms send them a copy of your passport or driving licence.

 

Gaz

[diddydicky]

send them a copy of their first letter to you and point out that this is proof of your identity since under the data protection act they would not have disclosed personal sensitive information through the post to an unvarified person therefore they themselves must have been satisfied as to your identity at that point in time, since when you have not changed address.

[Laura Cooke]

Said all the things you state diddydicky & Gazza but stoll saying same in their letters told them reported them to ICO I have arote this any good? this is for sars I am on about as cca request sent things which I am told are not enforceable and heard nothing since I wrote back requesting true copies of agreement

 

Anyway will send this what do you think?

 

Thank you for you letter dated **** the contents which are noted, In your letter you make reference to requiring my signature before you comply with my sars

However please note that to date you have happily sent statements and various sensitive personal materials with regards to my cca request on **** without the need for proof of my identity. 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? You may telephone my home to varify that I am the person requesting documentation

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. appropiate 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

I look forward to receiving the documentation requested

 

My husband as signed it but not in is usual signature

 

Comments please

[diddydicky]

We pay all our bills online we don`t get paper bills and it specifically said it requires something with my hubbies signature on such as a passport or driving licence so can`t see how folk get round this it really is annoying can`t see how we can sort it

 

so the law says that if you dont have a driving licence or a passport then you are not entitled to make a SAR?

 

dangly things from underneath bulls! (i get cagbotted for swearing sometimes)

[Laura Cooke]

Agree diddydicky my hubbie may be brain damaged but he even understands that some people haven`t got a passport/driving licence and if they did I assume they wouldn`t want someone to have these as proof and in the light of computers how many do do their bills on line hence no paper documents? at end of day though they are delaying tactics as they sent the ccca request bits not that they comply but they never asked for proof of who hubbie is for them!!! contradictory then will send the above if someone agrees to what I`ve wrote?

[diddydicky]

Said all the things you state diddydicky & Gazza but stoll saying same in their letters told them reported them to ICO I have arote this any good? this is for sars I am on about as cca request sent things which I am told are not enforceable and heard nothing since I wrote back requesting true copies of agreement

 

Anyway will send this what do you think?

 

Dear Sirs,

 

Re Subject Access Request dated XXXXXXXXXX

 

 

Thank you for you letter dated **** the contents which are noted, In your letter you make reference to requiring my signature before you comply with my Subject Access Request.

 

You have, since XXXXXXXX and on a regular basis sent confidential and sensitive personal financial information to me at this address without asking for further proof of identity or proof of signature from me.

 

You are therefore well aware of my identity and my address for delivery of confidential information to be sent to me

 

In the alternative your letter admits that you have committed a number of offences under the Data protection act.

 

I would refer you to the comments of Judge Dyson:-

 

your behaviour is the doctrine of Approbation and Reprobation.

A person cannot blow hot and cold as it suits him.

 

You do not need further proof of my identity It is clear that your insistence at this stage on further proof of identity is no more than a vexatious action and a spitting out of your corporate dummy

 

The time for compliance (40 days) is counting down and rest assured that if you fail to comply I will be making a formal complaint as to your obfuscation and petty mindedness.

 

I understand that the fine for failure to comply is 5000 pounds.

 

I look forward to receiving the documentation requested

 

 

yours sincerely

 

 

 

sign it

 

Include an extra letter in your signature or take one away (it wont be noticed) or put a wavy line through it)

Edited January 14, 2010 by diddydicky

[Laura Cooke]

Could someone advise if it`s worth sending a letter of dispute to MBNA for a cca request I sent in November for the 2 accounts my hubbie as had 2 applications come back one had terms and conditions on the back no reference to it (2005) and the other application was (2003) with terms and conditions down left hand side which had clearly been cut and pasted to there as the left side had different address to right hand side, then up to date agreement hubbies name had been typed in yet others for those years I`ve seen no customer names on them will send a account in dispute if someone can advise and point me to which to send thanks

[Laura Cooke]

Thanks for that diddydicky I will send it but I`m still sure they`ll ignore it how on earth will I ever get them to comply? their 40 days is up on the 18th!!!

[diddydicky]

Thanks for that diddydicky I will send it but I`m still sure they`ll ignore it how on earth will I ever get them to comply? their 40 days is up on the 18th!!!

 

then you send a formal complaint!

 

dont worry, if they take you to court you can use CPR18 to get the same information, quicker and at no cost

[diddydicky]

google subject access request to find out lots more info as to what they must supply and when

[42man]

For a SAR, they can ask for a signature, this was written on the ICO website a while back, but I would suggest signing it but putting crosses through it - http://www.kent.ac.uk/data-protection/Forms/subject_access_guide.pdf

[diddydicky]

missed that-

 

 

i have amended the letter slightly in view of 42@s comment

 

 

don't worry they wont lift your signature

Edited January 14, 2010 by diddydicky

[Laura Cooke]

Will send letter for mbna not complying to the sars. They have not complied to my cca request to the 2 accounts my hubbie as with them either I sent it in November they only sent 2 application forms one from 2005 had prescribed terms on back (but no reference on the front to that and they looked liked they`d been added to the bottom of the page at the back.) The 2003 aplication form had terms on front down left hand side but had clearly been cut and pasted to there (fraud) what letter should I send? if any at all

[diddydicky]

if you have proof of posting of the cca requests then let the matter lie there

 

all the time they dont respond to them they remain in default

 

let them remain in default for 6 years and then they can swivel