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MBNA admit Data protection issues on account by written letter and

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A while ago I had problems with MBNA. They had no contact number for me but my OH also had an account with them. This account was dormant and although a CC card account it had a balance of £100 in credit. They trawled through his account and found his mobile number which they started to ring and try to bully him into giving them my details. He received two phone calls and the latter was a woman who was very rude and aggresive to him and gave away personal details to him about my account.


He sent in a detailed letter of complaint as he kept a log of calls and what was said and the names of the operatives.


MBNA accepted the Data Protection Issues in the letter and also said their operatives had acted wrongly and would be dealt with by internal review.


I still have the original letter in a safe place!.


They also sent a cheque for £100 as compensation.


They have never contacted me directly in relation to these problems.


I am feeling much better now and I want to fight back.


Do I have a case to fight in court in my own right on Data Protection. And if so what would be the going rate of compensation to ask for?




Willow X

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To claim damages in court you would have to prove the extent to which this breach of your data affected you. Monetary loss? Distress to the point of requiring medical treatment? MBNA admitted their wrondoing, paid £100 to your husband and had an internal review of procedures. I complained once to the Information Commissioner about a breach of data and they said they would advise the company on steps to take to make sure it didn't reoccur - that was all. I don't think a court would award damages unless you could prove they consequences of the breach were severe and they would take into account that the person in receipt of your data was your husband.

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Guest HeftyHippo

now worth trying.


if you look at the ICO website, you will see the decisions they've come to. Most consist of the culprit making an 'undertaking' ie, promising not to do it again. Very few 'enforcement' actions are taken, and at the moment, they dont have the powers to fine them (but will soon)


as a result, MBNA could show the ICO they have taken actin, emailed the manual to everybody, spoken to those concerned and told them not to do it again. Thats effectively more than the ICO would ask, AND you got £100.


As Pinky says, you would have to show a loss of some kind to get compensation. Did you have any financial loss? Time off work? No, probably not, so no damage or loss suffered therefore no compensation


However, what was the £100 for and who for? You say they didnt contact you, and you didnt make a complaint. Perhaps the £100 was for your OH for his inconvenience at the phone calls, In that case, you could make a complaint to MBNA about the breach of your confidence... depends on if your OH wrote on behalf of both of you or just himself

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Hi all,


thanks for your replies.


the £100 was for my husband and the letter was sent on his behalf.


I nearly lost my marriage over their conduct as he was unaware of my credit card bill. But apart from that I didnt lose anything else.


It was a very stressful time and I did everything I could to put it right but MBNA are the worst people in my experience to deal with.


No other creditor was as bad as them. And the companies that treated me propperly have now all been paid back.


I just hate them with a passion!! I was thinking of filing a sneaky court claim on line for a couple of grand and hope they dont defend!!!


Maybe its just wishful thinking!! But they so deserve it!



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Guest HeftyHippo

well that puts a different complexion on it, because you have never made a complaint, you are still entitled to.


I would think that they dont have any choice but to admit their failings, but will say they have corrected their procedures. as for compensation, I think its worth pushing the harm to your marriage and health and chancing your arm for at least the same as your husband got. although he suffered the same damage to his marriage, it wasn't his privacy breached. all the same, you wont get a mega payout, but for the enjoyment of pushing the point its worth a try.


in addition, if youre unhappy about their conduct, you can try the financial ombudsman. I believe it costs the bank £450 every time the FSO invesigate a complaint, regardless of the outcome, so its another way to hit back.


The FSO and ICO have an agreement to refer complaints to each other when appropriate. Complaints to the FSO about data protection will probably be referred to the ICO, therefore in a DPA matter, a complaint to the FSO must be about their conduct, not about breaching the DPA itself.


You wont bankrupt them whatever you do, and any compensation you get will be less than the Chairmans lunch bill!

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