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

[Laura Cooke]

Just something I wanted quering is it enforcement to issue a DN whilst account in dispute MBNA for one sent me a DN whilst waiting for them to send me a true copy of my hubbie`s agreements

[diddydicky]

yes s78 prevents enforcement by the creditor if he is in default of his s78 obligations

 

however, one of the arguments currently raging is that one recent judge has suggested that a DN , nay even starting legal proceedings is not enforcement .

 

thankfully , The OFT dont agree with him and neither do I

 

read the DN

 

the text in the DN is prescribed by parliament and states that if you remedy the alleged default within the time specified then no FURTHER enforcement will take place

 

Now i have no English qualifications but i am savvy enough to know that the phrase "no FURTHER enforcement" means that the author of that statement clearly believed that some enforcement had already taken place,

 

Therefore that must be the DN itself or something that occurred before it

 

if i am wrong i'll show my a*se in Burtons Window

 

(and it is not a pretty sight.......... My a*se that is - not Burtons Window!!)

Edited January 29, 2010 by diddydicky

[Laura Cooke]

lol thanks thought it was only I read as much as I can as you advise but so much conflicting advice I like to check with you as you do know your stuff, I also had Default notifications off MBNA Aug 2009 for the 2 accounts don`t know what these are followed by defaults being sent out this month as I said whilst acounts are in dispute they never even sent the Sars that I sent £10 for last year going to check if they cashed the postal order

[supasnooper]

Have you kept the envelope the DN came in ?

 

If not, go and get it out of the bin, then tell us whether it was posted Royal Mail 1st class or UKMail S delivery

[Laura Cooke]

Of course:) UKMail S delivery

[diddydicky]

 

you have mail!! (PM)

[Laura Cooke]

thanks diddy hope to have it sorted

[Laura Cooke]

Anyone have a clue what to put down on N1 in relation to how much to claim for concerning data your after any idea? took it in blank and hoped they`d accept where I put "At Judge`s discretion" but was told this not allowed need a figure:?

[supasnooper]

Perhaps -

 

"Damages at the discretion of the Court .

The claimant would not expect this to exceed £300.00."

 

If you put down more than £300 then the fee increases.

 

Have a look at how FUAFB got on against LTSB -

 

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

 

The principles are the same for any SAR non-compliance claim.

[Laura Cooke]

There is no fee on benefits so can put more than that?

[Laura Cooke]

Subject Access Requests

 

The Data Protection Act that you are making your request under is here.

 

Data Protection Act 1998

 

The data controller is entitled to ask for a fee of £10 and two further pieces of information. Firstly, the data controller must satisfy himself that the person making the request is, in fact, the data subject. The use of a subject access request form is advised, since the greatest breach of a data controller's security is for the data controller to satisfy a subject access request made by a person impersonating the data subject. The use of the form goes towards proving that the data controller has adequate identification and verification procedures in place. Secondly, the data controller is entitled to ask the data subject for further information to enable the data controller to locate the information which that person seeks.

 

When the last of these three pieces of information has been obtained, the forty day period starts to run. It is advisable to put procedures in place to ensure that the receipt of the request and the further information is correctly dated so that an organisation knows how long it has to satisfy the subject access request.

 

 

 

Is the above correct? I was told the 40 days starts from the date of request not the date they get what they request? I have sent signature but not passport/driving licence they have kept asking for

[Laura Cooke]

Perhaps -

 

"Damages at the discretion of the Court .

The claimant would not expect this to exceed £300.00."

 

If you put down more than £300 then the fee increases.

 

Have a look at how FUAFB got on against LTSB -

 

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

 

The principles are the same for any SAR non-compliance claim.

 

 

On benefits so no fees, so what should I put on front of claim form where it states amount claimed? and is the amount claimed the amount of the schedule of costs or a sum on top of amount claimed confused about this can someone clear one or two of these quesries up tonight for me if possible.

 

I`ve attatched particulars of claim to the claim form and wrote on claim form "See attatched" put there under number 11. Damages, reimbursement of the unnecessary incurred costs and, if applicable, exemplary damages within the discretion of the Court are being applied for IS THIS OK?:?

And under Value I have put the Same?

 

Edited February 12, 2010 by Laura Cooke

[diddydicky]

Subject Access Requests

 

The Data Protection Act that you are making your request under is here.

 

Data Protection Act 1998

 

The data controller is entitled to ask for a fee of £10 and two further pieces of information. Firstly, the data controller must satisfy himself that the person making the request is, in fact, the data subject. The use of a subject access request form is advised, since the greatest breach of a data controller's security is for the data controller to satisfy a subject access request made by a person impersonating the data subject. The use of the form goes towards proving that the data controller has adequate identification and verification procedures in place. Secondly, the data controller is entitled to ask the data subject for further information to enable the data controller to locate the information which that person seeks.

 

When the last of these three pieces of information has been obtained, the forty day period starts to run. It is advisable to put procedures in place to ensure that the receipt of the request and the further information is correctly dated so that an organisation knows how long it has to satisfy the subject access request.

 

 

 

Is the above correct? I was told the 40 days starts from the date of request not the date they get what they request? I have sent signature but not passport/driving licence they have kept asking for

 

it may well be correct that the data controller, faced with a SAR out of the blue may require proof of identity, however:-

 

when his company have clearly been in recent communication with you and passing all sorts of confidential information back and forth- his insistence on having further proof of identity is clearly vaxatious

 

the time starts on the date that the request would normally be delivered in the post- any missing information that is required should be sought by the creditor telephoning to try and resolve any issues, at worst the creditor can only "stop" the clock ticking and then it re starts when the issue is reslolved- he CANNNOT set the clock back to zero

[Laura Cooke]

Thanks diddydicky any chance of being cheeky and asking you to take the trouble and comment on post 137 need this information tonight pleaseeeeeeee anyone

[Laura Cooke]

Got 2 accounts with MBNA not got a enforceable cca to either of the accounts and sent for sars last December MBNA requested copy of passport/driving licence never been prepared to do this so filled in N1 in after reminding them and sending NBA

 

Today had letter saying because of arrears account now defaulted and may be sold to vendor in due course meanwhile "You Must Make Payments" and as a gesture of goodwill we have suppressed interest and charges

[diddydicky]

cant help with that one i'm afraid (post 137)

[Laura Cooke]

Thanks anyway don`t know who to ask been looking on internet all afternoon can`t get any answers

[Laura Cooke]

Anyone please with advice

 

Got this off the Courts web site it clearly states you don`t have to put anything in the right hand box of the N1 "Amount Claimed" if your not claiming a fixed amount yet been to court today woman on desk insisted that must be filled in? How can you when you have no idea what figure to put?

 

"If you are claiming a fixed amount of money (a 'specified amount'), write the amount in the box at the bottom righthand corner of the claim form against 'amount claimed'.

 

If you are not claiming a fixed amount of money (an 'unspecified amount'), under 'Value' write 'I expect to recover' followed by whichever of the following applies to your claim:"

• 'not more than £5,000' or
  
• 'more than £5,000 but not more than £15,000'or
  
• 'more than £15,000'
  

If you are not able to put a value on your claim, write 'I cannot say how much I expect to recover'.

Edited February 12, 2010 by Laura Cooke

[diddydicky]

Anyone please with advice

 

Got this off the Courts web site it clearly states you don`t have to put anything in the right hand box of the N1 "Amount Claimed" if your not claiming a fixed amount yet been to court today woman on desk insisted that must be filled in?

 

"If you are claiming a fixed amount of money (a 'specified amount'), write the amount in the box at the bottom righthand corner of the claim form against 'amount claimed'.

If you are not claiming a fixed amount of money (an 'unspecified amount'), under 'Value' write 'I expect to recover' followed by whichever of the following applies to your claim:"

• 'not more than £5,000' or
  
• 'more than £5,000 but not more than £15,000'or
  
• 'more than £15,000'
  

If you are not able to put a value on your claim, write 'I cannot say how much I expect to recover'.

 

have you tried hitting the triangle for site support

[Laura Cooke]

Hi DD forgot you could do that really need advice not so much on this claim but have another complex one off to bed now hoping someone comes along tomorrow

[Laura Cooke]

COULD SOMEONE PLEASE GIVE ADVICE ON POSTS 137 AND 143

 

 

Got a couple of N1 forms for different claims one is complex as I know that they do not have data they have admitted destroying it and it was crucial to a court case probably which would probably have resulted in considerable compenstion so no idea what to put the claim at and this akward receptionist at court insisting you have to put a figure in the Amount Claimed box yet HMCS web site says you don`t have to if not claiming a fixed amount any advice or as to where I could get some?

 

On benefits so can`t really afford a solicitor I understand for one of the claims anything over £5,000 will go fast track and I could end up with defendents bill? but they have destroyed evidence as it incriminated the Parliamentary Ombudsmen investigating them and rang yesterday she said it`s all very murky missing transcripts missing words etc to cover their backs

Edited February 12, 2010 by Laura Cooke

[citizenB]

Laura,

 

I have pm'd you with respect to the claim for non compliance you are taking out against MBNA. If you have any queries, please pm me back.

[haggis1984]

Subbing with interest. Best of luck Laura

[Laura Cooke]

Thanks it`s fascinating if I was allowed to reveal one of the cases

[Laura Cooke]

Where do I stand now? MBNA sent sars this morning after I filed non compliance yesterday comms log as a couple of entries erased out with black lines through them