Mbna sars back to 1995

[STUARTPPI]

Hi all hjust to let you all know I issued MBNA with a Subject Access Request and after being messed about a little (but not as much as some banks) I have received all information MBNA hold on me for credit card dating back to 1995 upto 2003. Next step is to pursue a PPi claim, I have good reason.

 

Good luck to you all and keep puching the banks you will get there eventually

[caro]

Thanks Stuart. Very interesting.

[Shelley181146]

Hi all hjust to let you all know I issued MBNA with a Subject Access Request and after being messed about a little (but not as much as some banks) I have received all information MBNA hold on me for credit card dating back to 1995 upto 2003. Next step is to pursue a PPi claim, I have good reason.

 

Good luck to you all and keep puching the banks you will get there eventually

 

That's excellent news and very interesting.

When you say 'a little messed about but not as much as some banks', may I ask what messing about you experienced and how you handled it please?

Just received letter from MBNA saying they do not hold any information prior to 2000 so it would appear they tell one customer one thing and someone else another. Not too surprising!!!

Would appreciate your input please.

[STUARTPPI]

Ok I sent out a standard template SAR letter and they sent back a letter saying "They were unable to match the details I had given them with the details on their system after cashing my cheque and attempting to re-issue me with a cheque" I wrote back to them twice I waited weeks then just as I had had enough and was going to report to the ICO three envelopes arrived with all statement printouts and the credit card agreement dated back to 1995.

Ok I have found that SOME standard letters from the banks that I have received say things like this "They do not hold any information prior to ****" it's rubbish, ready them carefully, does it say "we may not hold information prior to ****" ??

I would write back and rather than accepting a sweeping statement (Which is obviously untrue) demand that they tell you why and how your info has been distroyed keep pushing and don't be put off by the rubbish in their letters, you can always pass it onto the ICO if you are unhappy (Which I have with RBS) via email, very easy it just takes time for them to get back to you

 

Something like this.....

"Where any previous information or records held have been deleted or disposed of, you have a duty to provide descriptions of the methods used to do so, including dates, reason for deletion, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

May I remind you that a lot of banks are also wrongly interpreting the Data Protection Act (DPA) 1998 as a requirement to only disclose six years worth of personal data, and this is also wholly wrong. The DPA clearly states that all information held must be disclosed and it has no correlation to the Limitation act 1980 at all."

 

 

Here are the two letters I sent back to them

Dear Sir/Madam,

I recently wrote to you at the above address regarding a “Subject Access Request” enclosing the statutory maximum fee of £10, requesting all data that your company holds relating to my entire account history to be sent to me as per the Data Protection Act (DPA) 1998. (See copy letter enclosed)

You replied attaching a refund cheque for £10 (Letter dated 13/March/2013, Your Ref: 7019955 which I didn’t receive it until 25/March/2013 (see copy enclosed)) requesting the information quoted below, explaining that you were unable to trace any accounts in my name. I find this difficult to comprehend as I currently hold a MBNA (Virgin) credit card see below and I stated previous relevant addresses in my previous letter, you already have this information?? My date of birth is *****, I am sure you also already hold this information.

“In order for us to do this, we would be grateful if you could write to the section 78 team at our customer Advocates Office using the address below (AS ADDRESSED ABOVE) to advise us of any previous names or addresses you may have held during the life of your account and your date of birth if you have not provided it already”

Please find below additional information which may assist you in achieving my original request. I hope this will enable you to trace past and present credit card accounts I have held with the MBNA as to comply with the originally submitted “Subject access request” dated 20th Feb 2013 . Please note all dates are approximate

Address at the time CLOSED / SETTLED

Credit Card Number ***************** 5003

From 1994 to 2003

Credit Card Number ***************** 5003 Address at the time CLOSED / SETTLED

From 2008 to 2010

Credit Card Number ***************** 5003 Address at the time OPEN CURRENT

From June 2011 to Date

I return your cheque for £10, please accept my first cheque which has been cashed as final payment for the statutory maximum fee of £10 for processing this “Subject Access Request”

You can find advice on the ICO’s website on how to deal with a subject access request [ico.gov.uk/sar] and information on their powers and the action they can take [ico.gov.uk/action] or call them on 0303 123 1113.

Please may I remind you that you have 40 days to comply with this request from the date of receiving my first later (see copy enclosed) If you fail to comply fully I shall enter a formal complaint with the Information Commissioners Office which could result in a fine and prosecution.

I hope this information enables you to locate the information originally requested and this will not meet with any additional unnecessary delays. l look forward to your reply.

 

Yours faithfully,

THEN I SENT THIS

 

Dear Sir/Madam

Non response to a subject access request

ACCOUNTS ****,****,****

I am writing further to my letter of (Dated 27/03/2013 ref SAR MBNA 002 270313) in which I replied to your letter (dated 13/March/2013 ref **** after making a subject access request,(dated 20 FEB 2013) because I have not received any response from your organisation in relation to my last letter.

As the statutory time limit for responding to my subject access request (40 days) has now expired, I would be grateful if you could provide a response as soon as possible.

If I do not receive a response from your organisation within 14 days, I will submit a ‘request for assessment’ to the Information Commissioner’s Office (ICO).

You can find advice on the ICO’s website on how to deal with a subject access request [ico.org.uk/sar] and information on their powers and the action they can take [ico.org.uk/action] or call them on 0303 123 1113.

If there is anything you would like to discuss, please contact me on the following *****

Please also find all copies of correspondence attached

Yours faithfully,

 

[Shelley181146]

Hi StuartPPI,

 

Thank you for the detailed response. It is along the lines of which I tend to use in my responses.

 

I have checked MBNA's response and it is as follows;

 

"In response to your letter we can confirm by making a Subject Access Request you have asked us to supply all persoanl data held and we have provided you with this information. Unfortunately we do not hold transaction history prior to xx/xx/2000.

We enclose a copy of the transaction history we do hold."

 

However, having sent them a SAR letter last year, they did not produce information prior to 2002 so, naturally, they with held information once before and probably are doing so again because the account goes back much further.

 

I will continue on my thread but appreciate your help. It will inspire others to pursue what they are entitled to, I hope.

 

Good luck with your claims

[dazza12]

I've also recently received information in my SAR, including transactions from 1995 (account opening) to 2002 (when it went to a DCA).

 

Surprisingly they were the most compliant, I have SAR'ed 7 banking groups within the last 3-4 months and the only problem I had with MBNA is that they took 45 days to respond. But when they did, I received what appears to be everything.

 

I'd be tempted to respond advising that you are aware of a number of cases where customers have received historical information further back from what they have supplied. In your reply advise that you will refer the issue to the ICO and may look to enforce compliance in the small claims court (letters with better wording than I can put are available on this site).