MBNA Virgin CC - Cabot CCA response

[Fernigan]

Received a letter from MBNA saying they still couldn't find anything using the account number, name and previous addresses. What's next? 

[dx100uk]

oh well not looking good for cabot enforcing this lemon debt then..

[Fernigan]

Excellent, so just sit back and leave them to it? 

[dx100uk]

no cca = no pay.

get reading up too..

 

 

[Fernigan]

Just an update on this, received a letter from Cabot a few weeks ago requesting I get in touch to start making payments, the more I ignore the more I will receive. 

 

Sent one two weeks later saying I hadnt responded to their letter from two weeks before and again the more I ignore the more I will receive etc. 

 

Seems they are getting a bit more aggressive, keep on ignoring until such a time I receive a letter of/before claim? I read somewhere that PAP doesn't apply in Scotland? 

 

Could anyone point me in the right direction for the process I'd need should it come to that? Just so I can be clued up as early as possible. 

 

Thanks in advance. 

[dx100uk]

no they are just trying to get free money in early for their xmas party drinks as obviously this year the mugs that blindly pay a DCA has again dwindled.

 

 

[London1971]

They will continue to send these impotent payment demands until the heat death of the universe.

[Fernigan]

Hi guys, 

 

Did a bit more digging re the MBNA side of things and called Virgin Money tonight, they informed me that MBNA stopped issuing the cards in 2014 and all cards after were issued by themselves, Virgin Money as their own bank/entity. 

 

This would explain why MBNA held no info.

 

They also said they are now partners with Clydesdale. 

 

I've asked Virgin Money for a SAR and said this should be with me within 30 days. 

 

Any further suggestions/reassurance in the interim whilst I wait for the documentation? 

 

[Fernigan]

Just received a call back from Virgin saying since the account has been handed off to Cabot, my SAR must go via them?! 

 

Seems daft to me? 

[dx100uk]

and it is...

what was your last direct dealing with them payment or card use?

[Fernigan]

Not sure, payment I think. 

[dx100uk]

but within 6yrs?

 

dx

[Fernigan]

Oh yes definitely, the card was from 2016

[dx100uk]

oh goody usual crap then...

 

under data protection rules

and 

the prevention of fraud act

they MUST hold your data for a minimum of 6yrs

 

so go ring the little liars

record the call too and get each persons full name and dept.

 

quote the above

 

if you need to ask to speak to a supervisor do so.

 

should they fail to now agree to comply with your SAR

state as soon as you finish this call you will be contacting the ICO and raising a serious complaint against them and seeking financial compensation

 

 

dx

[Fernigan]

Called up again, Virgin still did not want to play ball. Told me I have to still go via Cabot, I told them that's a load of crap and I'm well within my rights under GDPR and data protection laws to request that directly from Virgin.

 

Round and round it went with me being put on hold whilst the poor lass spoke to her supervisor.

 

Ended with we are going to get our back office to look into it and they will call you back, I can't give you an exact time when, and I can't promise you they'll be able to fulfil the request because the process should go via Cabot, but they'll look into it for you.

 

Should I hold out to see whether they respond before going about putting a complaint into the ICO?

 

 

[London1971]

I would re send the SAR to their Data protection officer and MD, explaining in a covering letter that one the person in  call centre (I hope you go their name) refused to comply with a GDPR request. A breach of GDPR has a fine of up to 2% of global turnover, and bearing that in mind if I've not heard back within a week I will be reporting this and sending all relevant proof to the Information Commissioners office to make a formal complaint

[dx100uk]

pers i'd go ring the ico now

don't wait.

you did mention the prevention of fraud act?

 

we've had this before from mbna

[Fernigan]

Yep mentioned that but the poor girl had no clue what I was talking about.

 

Think MBNA are innocent on this one since they have nothing to do with the card. What do I need to say to ICO do we have a template letter?

[dx100uk]

No they are not innocent!!

They are unlawfully withholding your data

 

There are only 2 answers you want out of them

Either:

 

1 if your last payment is outside of 6yrs, thus the data is too, so they must confirm this by saying so..debt is SB'd

 

2. Its not outside 6yrs they must give it to you.

 

bugger all to do with cabot a debt buyer

 

stop pussy footing around

[Fernigan]

I agree bugger all to do with Cabot - I'm saying MBNA are not the party at fault, as the issuing bank is Virgin.

 

MBNA stopped issuing Virgin cards in 2014 and Virgin became their own entity - which is why my original SAR to MBNA came up with no information to give me. 

 

ICO recommend I send a letter to Virgin and give them the allowed amount of days to respond so that there is an evidence trail if it needs to go further. 

[dx100uk]

yea sure virgin not MBNA.

 

oh well 

clock ticks ever closer to 5yrs SB as you took this card out whilst resident in scotland

interesting your takeout date varies from 2014 then 2015 then 2016 in posts here from day one.

 

is this one your credit file?

 

 

 

 

 

[Fernigan]

Thanks for all the help with this one dx100uk I appreciate it. 

 

Not sure I follow, your comment about the date varies, I only recall ever saying I took it out in 2016, there were other ones unrelated to this from earlier dates, but that to the side, it's good to know SB is 5 years in Scotland.

 

I'll send a written SAR as advised here and and see what comes of it in time.

 

Thanks again. 

[dx100uk]

sorry it does

must of been the other one I was working on for someone.

was a virgin card from virgin day one.

 

makes you wonder why they cant get the CCA 

[Fernigan]

MIm a bit puzzled by it also but the only thing Cabot ever sent was the electronic application for credit which wasnt dated or signed and the generic T&Cs and a statement showing payments to Cabot prior to CCA request.

 

It may just be that Virgin dont have the records which will be good news for me?

 

Back to work on Thursday so will print off a SAR and send. 

Edited December 2, 2019 by Fernigan

[Fernigan]

Received a threatogram from Cabot, stating how seriously they take this, and how they have given me ample time to respond.

 

They are giving me 9 days to respond to this letter otherwise they will look into other options to collect.

This may include a doorstep agent coming to discuss the account.