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Beetlebum v MBNA


beetlebum38
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Hi

I have joined today and have been following unlawful charges on MSE.

I am ready and prepared (with the help of the group) to take on various banks and credit card companies, starting with MBNA.

I closed my credit card account a couple of years ago after falling into financial difficulties. I defaulted and MBNA passed my account to a debt collection agency, finally resulting in me making a final settlement with them at 80% of the outstanding debt, and closing the account. I had been charged ridiculous fees etc by MBNA and the DCA over the years. Can I claim back these charges even though I have settled the account and it has been closed since 2005? If yes do I follow the same procedures starting with the DPA request for 6 years worth of statements etc.?

 

Any advice would be great.

 

Beetlebum38

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Yes same procedures.

Your arguement can be that although you agreed to 80% at that time you were unaware that they were unlawful penalty charges.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Good.

 

Have moved your posts and sorted a thread for you here in MBNA;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 1 month later...

wow just re read the letter they sent me

 

They have put someone elses account number on the letter!!!!!!! its definately not mine!!!

 

i Cant wait to see whos statements they send me!!!!!

 

What should i do? any ideas? that would be a clear breach of the data protection act right there if they sent me someone elses statements?

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wow just re read the letter they sent me

 

They have put someone elses account number on the letter!!!!!!! its definately not mine!!!

 

i Cant wait to see whos statements they send me!!!!!

 

What should i do? any ideas? that would be a clear breach of the data protection act right there if they sent me someone elses statements?

 

They did what? Outrageous! Tut tut MBNA. I would get straight onto the Information Commissioner.:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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MBNA?........making life difficult...? sending the wrong information.....? looking like they don't know their a**e from their elbow....? running around like headless chickens........? Surely NOT?

 

(Morning Corn)

 

Morning Ladybird! LOL! How can you say such things?! :lol:

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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I also have been sent someonelse`s account details sent a stroppy letter back. Shame that person didn`t have any charges mind, hell knows whatwould have happened if id have claimed for them lol. We trust companies with our data only for it to be given to someone else.

 

 

Matt

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  • 3 weeks later...

Just an update..... 40 days has passed on 20th Feb so MBNA are now in non conformance of the data protection act.

i rang them up to inform them and spoke to James Doherty in the customer advocates office (01244 672892).

Informed him they were in breach of the data protection act.

He informed me there was no one there to deal with my call(yeah Right) but had i recieved the G.O.G.W. payment of £268?

He proceeded to tell me that i should have received a letter detailing my G.O.G.W.

Where was it paid into i enquired?

Your account he says

well that would be hard because its been closed for over a year!!

oh right he says but we have updated your account thats why you have a new account number but i will have to get someone to ring you back who knows more about it

i then informed him i was putting it in writing they had a further 7 days to comply with my sar or its off to court

he says thank you if you put that in writing for someone that would be great(PMSL)

anyway my ring back did not materialize today (surprise surprise) so i will ring again tomorrow

 

is everyone who writes in with a sar now recieving a G.O.G.W. payment at this stage in the hope that we will go away?????

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anyone any thoughts?

 

Hello Beetlebum, it is quiet on here tonight!

 

MBNA appear to be not treating SAR's as SAR's and then offering a goodwill payment and then saying that if you want a full SAR you must send a payment of £10.00 and ID. Hilarious given that you would have asked for a full SAR to start with! They are just stalling for time.

 

Certainly ring them but I wouldn't beat about the bush, stick to your timetable and tell them that any GOGW will be treated as a part payment and you will be pursuing them for the rest.

 

I will be interested to see where they put your payment, perhaps they'll issue you with a shiny new credit card that is in, er, credit! LOL!:rolleyes:

 

I hope this helps!:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Rang again.......no joy,spoke to a nice quietly spoken girl called Nicola.She said there was no "expert" available to take my call......lmao

 

I asked name of said expert and she said Dan Friar

anyone came across this gentleman???

 

She was able to confirm £268 was paid into my acc (which is closed) on 12/02/2007 as a GOGW.

informed them Again they are in breach of my S.A.R. and i want my details!!!!

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Just downloaded the "Data Protection Act 1998 Complaint form" from the Information Commisioners website. I am starting to fill it in now.

 

Any help would be appreciated, especially concerning what info to include for the complaint. Dont want to send to much.

 

Also can anyone help me regarding what to claim in damages when i get round to filling agianst MBNA for non compliance??

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OK Today i posted off the ICO complaint . Feel better already.

 

Tomorrow im filing.

Could someone please guide me as regards what damages to claim?? i think i am ok filling in the court form and POC just need some guidance for the damages?

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ok Claim lodged with small claims court in N.I..

Just waiting on verificaton now.

Failure to comply with SAR under section 7 of the DPA.

PLease please let me have filled everything in correctly!!!!!!!!!

 

Feeling a bit lonely on this thread i think im posting to myself!!!!.....LMAO

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Guest Battleaxe

Aww don't be lonely my little leprechaun.

 

You will get a defence lodged and then they will ask for a true breakdown of charges, just give them what you have and let the Judge decide what else he will give you for non-compliance. let the ICO know what has been going on because the ICO's letter will be your leverage with the Judge and DO NOT settle out of court. make them sweat. After all you have been reasonable and tried everything to open dialogue with them

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Thank you mrs Axe.

I have already sent ICO complaint off. Do you suggest i contact them(ICO) and let them know i have filed a claim for non compliance?

 

Thank you for you guidance oh wise one!!!!!

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Guest Battleaxe

Not so sure how wise I am. LOL..I would just let everything lie now and wait for the ICO to reply.

 

Just remember when your crock of gold has been replenished, to guard it well.

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