Brittone's hubby vs MBNA

[brittone05]

I recently sent a subject access request to MBNA.

 

Today I received a letter form them - I shall type the letter out so I can get your opinions on it

 

We refer to your recent correspondance concernign default fees on your account. I would like to clarify the situation form our perspective.

 

We have always set out precisely what our charges are and in out agreement with you, as they are an itegral part of the terms and conditions under which we are prepared to provide credit facilities. When customers pay late, we incur substantial costs in dealing with their default. Similarly, we have set credit limits carefully for each customer and for good reason. We expect every customer to respect thier credit limit. If a customer goes over thier credit limit, he or she is using the card in a way that is not allowed, in effect obtaining unauthorised borrowing. We, therefore, lend more than we agreed to, and take on risks, which weere never accepted in the first place. In the case of both late payments and overlimit usage, and also where a cheque is retunred unpaid, we look at the portfolio as a whole and set uniform charges reflecting our costs and dealing with such defaults of customers overall, as do all other major credit card providers. This approcah allows us to be clear and upfront about all default charges and the basis on which they are applied.

 

Our view is therefore that the charges you agreed to are valid, fair and enforcable. Term 3b of your credit agreement with us clearly states that you must pay £25 every time your payment has not reched your account within 1 day of your payment due date, or when you exceed your credit limit, or a cheque is returned unpaid.

 

You will find at the end of this letter details of all relevant charges as to your account (and any associated credits). On this occasion, we have provided the information to you free of charge; therefore, your cheque for £10.00 has been credited to your account as a payment. Should this information not be sufficient, and you wish to make a full data subject access request under section 7 of the DPA 1998, please complete and return the attached form.

 

Please ensure you enclose a fee of £10 and appropriate ID.

 

We do value your custom and so we would like to resolve this matter. I have therefore credited your account with a goodwill payment of £370.00 on the basis that this is full and final settlement of your complaint.

 

You may know that the Office of Fair Trading has recently issued guidelines for the level of credit card default charges. MBNA disagrees with the OFT's interpretation of the law and continues to maintain that its default charges have always been fair, legal and transparent. However, we have decided to reduce our default charges to £12 with effect form 28th June for late payments and returned payments, ans 28 July for overlimit fees. You will have received notification of the changes to the terms and conditions. We expect you to honour the terms of your agreement with us. If you do not do so, we will have no alternative but to cancel your card and formally terminate your credit agreement.

 

I enclose a sopy of "Our Commitment to You" leaflet for your informations

 

Yours sincerely

 

Steve Bailey

Director of Customer Advocate Office.

 

 

Soooooooo - my questions are these.....

 

1. Why did they not accpet my first letter as being a full subject access request?

 

2. What do I do now? They haven't even let me send a prelim letter and are offering half of what they owe us - do I now send them a prelimn letter telling them I will accept their £370 but shall go after the rest through court if necessary??

 

Any help is much appreciated

[Guest Niklowe]

1. Did you send the standard letter from the library?

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

2. Send a prelimanary letter, adding on that you accept their goodwill payment, but you still require them to re-imburse you with the rest.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

 

This is just another fob of letter they have sent you in the hope you will give up.

[brittone05]

Thansk Nik

 

I did send the template letter form the library so am a little bemused as to why they thought I wasn't asking for full SAR!!

 

I shall send them a prelim letter today saying thanks but we want the rest too