PHIL and ALISON V MBNA

[phatram]

Hi,

We sent off our S.A.R - (Subject Access Request) yesterday and eagerly await a reply. I reckon they owe us hundreds if not thousands from the last 6 years. Must admit do find this quite daunting and will probably need a lot of help.

 

Co-Op S.A.R - (Subject Access Request) sent 24/10/2006

MARBLES S.A.R - (Subject Access Request) sent 25/10/2006

MBNA S.A.R - (Subject Access Request) sent 25/10/2006

[TETSUO]

I'm a few days in front of you on this one buddy and with co-op....so it will be interesting to see how we all get on...

[phatram]

Letter arrived from MBNA acknowledging our complaint (we haven't complained) and that we will have a full response by 26/11/06

[phatram]

Statements have arrived 2 days before they said they would. Very impressed !! Now to see how much they owe us.

Whats

Retail interest ?

Cash advance interest?

access checks-special?

Retail interest?

Thanks for any help

Co-Op S.A.R - (Subject Access Request) sent 24/10/2006

LETTER ACKNOWLEDGED 2/11/2006.

MARBLES S.A.R - (Subject Access Request) sent 25/10/2006

MBNA S.A.R - (Subject Access Request) sent 25/10/2006

LETTER ACKNOWLEDGED 6/11/06

NORTHERN ROCK S.A.R sent 17/11/06

SEND AN EMAIL TO THE FINANCIAL OMBUDSMAN

[email protected]

 

PETITION THE PRIME MINISTER

We the undersigned petition the Prime Minister to Force the banks to repay unlawful bank charges and remove the six year time bar, forcing them to pay back everything from at least 1980.

[phatram]

Why does my sig not show up or show up twice?

[phatram]

MBNA have enclosed details of 6 years' information free of charge as they have not treated our request as a full S.A.R - (Subject Access Request). Any ideas why this is? They have also credited the account with a goodwill payment of £130.00 on the basis that it is in full and final settlement, which, of course will be accepted as part-payment as it is not the full total. Does anyone have any ideas as to why they would do this with our SAR? Could it be that further back, we have a lot of charges they do not wish to disclose? I cannot remember when the account was actually opened.

Letter is signed by Stuart Johnson

Asst Vice President

 

Any advice would be gratefully received.

[phatram]

Hi,

Been in contact with MBNA today after receiving statement information back to October 2000, my SAR not complied with. Asked for history back to card's onset in 1994, and have been told that this is impossible for them to do, as under the Data Protection Act they are only able to keep records for 6 years. Is this true, and if not, how do I "persuade" them give me this information? This is only half of my card's life history.

 

Any help gratefully accepted!

[Guest The Terminator]

MBUSA seem to make up the rules as they go along,I was told it's only three years.If they can only keep information on you for six years under DPA then there is something difinitly wrong.And can anyone recommend a good spellchecker and I don't mean Bankfodder:D

[Hackers75]

I have received a similiar letter from Rachel Claridge offering me £530 goodwill gesture (though they owe me £1200)...Good luck with your claim I will be following it with interest.

[PhantomReclaimer]

Asked for history back to card's onset in 1994, and have been told that this is impossible for them to do, as under the Data Protection Act they are only able to keep records for 6 years. Is this true, and if not, how do I "persuade" them give me this information?

 

Lies, lies, lies. They tried exactly the same trick with me but I wasn't having any of it.

 

Pursuasion and trying to reason with them simply dosen't work. I only got my set of full charges after speaking to Paul Miney, pointing out that he was wrong and telling him to check with higher powers. Told him that if I didn't hear from him that day to tell me all the charges would be forthcoming then I was driving past the Court later that day anyway and it would be no hassle to me to drop a claim form off to require their production.

 

I got a call saying that they could (surprise, surprise) comply with my request and that I would have the charges in 2 working days.

 

Still took another fortnight and another snotty phone call before I got them though!

 

P.

[lookinforinfo]

It is my understanding that on submission of an S.A.R - (Subject Access Request), the company has to

supply you with everything they have on you, within the regulations of the S.A.R - (Subject Access Request) regardless of the Limitations Act. That being said, they do not have to retain information any longer

than is necessary. So if you had had an account with them for 10 years,

while they would not have to have kept your original bank statements,

things like your application form to open an account should not be destroyed.

 

As some time usually has elapsed before they respond to an sar, it

might be an idea to specify that the sar takes effect from the date of receipt, to prevent the company shredding info. that they have but

did not need to have been retained for so long.

[Glenn UK]

It may be helpful to think about what a bank or cc company does with your data.

 

When you open an account they will keep all data on that account until it is closed, Abbey we know have data going back to the early 1920s as an example.

 

This may sound extreme but all the time you have an account your file is open and why would they throw anything away?

 

I think you will find that business keep documents related to open accounts for as long as the contract is active because queries and questions always arise during the life of that contract.

 

For example my company keeps all records for at least 12 years post file closure since this is realted to our Public indemnity insurance. The obvousely means we keep some records substantially longer than 12 years.

 

When you close your account as far as I can tell there is nothing which tells the to keep data for a specific period. Considering the Limitations Act the period of 6 years would be reasonable for them to retain records but it isn't a requirement, at least under that Act.

 

Many people quote the 6 year inland revenue 'rule', when i spoke to the IR they told me its changed to 3 years.

 

I did a bit of a trawl though the web and didn't find anything definitive which set out the law in respect of record retention in respect of our account records

 

One of my contacts at the Information Commissioners Office said they expected a bank or cc company to hold your data for a further 6 years after the account was closed but couldn't substantiate that with a quote from an act but this is consistent with the idea that a customer could make a claim on the bank for up to 6 years post contract closure.

 

I would suggest that if your account has been open for ten years then all of your records, at least transactional data would be retained.

 

This is consist en with information that has been provided to CAG from Abbey customers and is in line with discussion I have had with the Information Commissioners Office.

 

Finally the Co-op told me they didn't have any data older than six years, i wrote to them and they confirmed this.

 

When i took them to court they sent me another three years worth of data meaning that i obtained data that was over nine years old.

 

My account has been closed for three or four years from memory.

 

Make your own mind up, if they wont provide it I would recommended issuing a small claim asking them to provide the info or enter into court a sworn statement as to why they cant provide the data.

 

If they have it they will find it rather than enter a lie knowingly into court, probably.

 

JMHO

 

Glenn

[Guest The Terminator]

Glenn: A quick question. What if they close the account is that data destroyed.

[Glenn UK]

I cant be certain, as I'm sure you will realise the comments above are based on my thoughts and the investigations and discussions i have been involved in.

 

If your account details were destroyed before the expiry of the six year period for claims under the limitation act I would be really surprised.

 

Consider it this way, if they destroyed your account data and you bought a claim within the six year period they would have no information to defend the claim with, whereas you may have the lot.

 

So on that basis alone it wold be reasonable for us to presume that they would keep ALL the account data for a period of six years post closure.

 

Its conjecture on my part that they keep all your data, but logically i cannot see it being destroyed piecemeal.

 

Another issue to consider where records are kept on fiche is that your records aren't kept in isolation.

 

As has been explained by both abbey and Barclaycard, the sheets of fiche hold numerous statements for a particular period and unless you make sufficient transactions to warrant 500 or so statements each month you'll find other peoples data on the same sheet as yours.

 

Consider how difficult and costly it would be to revise the fiche to remove certain peoples data and not others.

 

Of course the removal of records from electronic archives may not be as difficult but I believe that they would have your records for at least 6 years post account closure.

 

I cold of course be wrong on this, but as I think i said the Co-op gave me data that was over 9 years old and the oldest records were from computer printouts not fiche.

 

HTH

 

Glenn

[PhantomReclaimer]

For example my company keeps all records for at least 12 years post file closure since this is realted to our Public indemnity insurance. The obvousely means we keep some records substantially longer than 12 years.

 

Interesting point. I was a shareholding director of a tobacco wholesale business up until June 2000. When we wound up the company we were amazed to discover that we (or someone at least) had to retain the insurance certificate for 40 years!!!

 

P.

[phatram]

Thanks.

[phatram]

[phatram]

Preview Co-Op S.A.R - (Subject Access Request) sent 24/10/2006

LETTER ACKNOWLEDGED 2/11/2006.

MARBLES S.A.R - (Subject Access Request) sent 25/10/2006

MBNA S.A.R - (Subject Access Request) sent 25/10/2006

LETTER ACKNOWLEDGED 6/11/06

NORTHERN ROCK S.A.R sent 17/11/06

SEND AN EMAIL TO THE FINANCIAL OMBUDSMAN

[email protected]

 

PETITION THE PRIME MINISTER

We the undersigned petition the Prime Minister to Force the banks to repay unlawful bank charges and remove the six year time bar, forcing them to pay back everything from at least 1980.

[phatram]

Can a CASH ADVANCE FEE be claimed back?

[phatram]

Received paperwork from MBNA for credit card account and it's just a list of transactions dates etc.There are no balances, no statements or anything, so I wouldn't be able to do spreadsheets without balances??.

Should I send them the £10 cheque back asking for statements and remind them to comply before original deadline of 08/12/06 ???

Thanks in advance for any help.

PETITION THE PRIME MINISTER

We the undersigned petition the Prime Minister to Force the banks to repay unlawful bank charges and remove the six year time bar, forcing them to pay back everything from at least 1980.

Please feel free to copy and paste link and send it to everyone you know asking them to sign up.

[phatram]

Can anyone please tell me what the following are?,

NSF CHK CHARGE ASSESS

BILLED DEFERRED FIN CHARGE

BILLED FINANCE CHARGES

and

OTHER INTEREST

We accept Cash advance interest and retail interest but what is OTHER INTEREST? and can it be claimed back ?

Thanks

[phatram]

Sorry to put this here, can,t get any answers in Mbna thread.

Would someone please check this letter for me.

Thank you

 

XXXXXXXX

XXXXXXXXX

XXXXX

 

 

27 November 2006

 

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

 

MBNA EUROPE BANK LIMITED

CHESTER BUSINESS PARK

CHESTER

CH4 9FB

 

ACCOUNT XXXXXXXXXXXXXX

Dear Sirs

 

Re. your letter of the 20 November 2006, I am not satisfied that you have complied with my request and so return my cheque for the sum of £10.00 and a photocopy of my passport. I require from you a full Data Subject Access Request which you have failed to supply so far.

 

I have taken Legal Advice on this matter and have been told to ask for statements from the onset of my account to the present day, which under the said act, I know you must hold..

 

May I remind you that this information MUST be with me by 8 December 2006 or Court action will be taken to recover the required information.

 

I accept the offered £130.00 as part payment and fully intend to take the necessary action to recover the rest of monies owed to me. For your information, there was no attached form with the letter.

 

You have a further 11 days to comply.

 

Yours faithfully.

 

 

 

 

 

 

 

XX X XXXXXXXXXX

 

Enc

[Guest willowb]

Hi.

 

Can you link your thread?

 

Wxx

[phatram]

http://www.consumeractiongroup.co.uk/forum/mbna/49227-help-please.html

Hope thats it.

[phatram]

And this one.

http://www.consumeractiongroup.co.uk/forum/general/49243-help-please.html#post395751