Beetlebum v MBNA

[beetlebum38]

Okay.update time.......

 

I received a response from the ICO regarding my complaint. Not quite what i was hoping for it seems the Ico are not so much snowed under now, as buried under the bottom of an avalanche!!!!! Below is an snippet of their letter

 

"As you maybe aware under the Act there are eight data principles.The sixth data protection principle requires organisations to process personal data in accordance with an individuals rights under the Act. Therefor if you have not been sent the information you are entitled to within 40 days, it is likely to be in breach of the sixth data protection principle.

 

We would like to explain that due to the number of complaints we are receiving about failed subject access requests we are writing to financial instituitions on a monthly basis, sending them a "batch" of complaints.

 

We will be writiing to MBNA europe bank ltd with the next batch of complaints at the end of March 07 and will of course include the details of your complaint in our letter. We will advise MBNA to ensure that they provide you with the information you are entitiled to as a matter of priority.Furthemore we will ask them to outline what steps they are taking to ensure their future compliance with the Act.Therefor although we will now close your case we would like to assure you that we will continue to carefully monitor this issue"

 

 

I am a bit disappointedthey have not sent this to a case officer and investigated it properly, but i do understand why.

 

I am so glad I filed in County Court for non compliance at the same time I lodged this complaint.

I took a trip to my local court (belfast) were a very nice Clerk gave me the full tour, told me about the prodcedures and judge and reassured me to the point were i now cant wait to get into court!!!!

 

Any one else had a similar reply from ICO?

[Guest Battleaxe]

It looks like ICO is agreeing that MBNA is NOT complying with the Act. My reply was similar and I didn't get my info in the 40 days, this why MBNA did the back peddle when I produced that letter from the ICO. You can use this letter and quote the the sixth principle of the DPA in court. I wish now I had not accpeted an out of court settlement for my costs and compensation. I wont be doing that ever again for any company which does not comply. They can talk to the Judge.

[beetlebum38]

I hear what your saying Mrs Axe. Would you happen to have a phone number for their legal dept?.Im sick talking to the monkeys i need to talk to the organ grinder!

Thought i might bluster a bit at them and tell them ICO have upheld my complaint and do they intend to defend my case?

 

The only way i might even consider settling out of court is if they find out how much they charged me in fees plus interest and pay me it and then pay me compensation for stopping the case........not very likely i think...

so perhaps a judgement against them seems more likely

 

thanks again Mrs Axe....

[Guest Battleaxe]

Beetlebum

 

So sorry for the delay in replying to you. My life tends to play catch up and as I pay my bills manually now, I spend about two hours on the phone on the 28th day of each month, but never having my bank in the red is bonus.

 

Ok William Wareing

Senior legal Assistant

01244 672348

 

Just let him know that I gave you his phone number. LOL..

[beetlebum38]

Rang them and spoke to a very nice lady.

I asked her if mbna would be responding to my claim.

 

She had instant recall of the response date and said MBNA would respond in the form of a defence(suits me), however could they please have my phone number and she would find out if the company wanted to respond to me directly.

Sure why not, then I can say "Im sorry there is no one in the office who can deal with your call ! Can i get you a ringback??"

 

Keep you posted

[Guest Battleaxe]

Never give them your phone number. Bad experiences have taught most of us that, but never mind it's your choice

[beetlebum38]

WON ***********************************

 

woohoo.!!!!!!!!!!!! Can a Mod change my thread to WON!!!!!!

 

OK heres how it happened.

 

my S.A.R - (Subject Access Request) information finally arrived 92 days later!!!!!!!!!!!!!!

 

Court claim response was due on 2nd may so i took a chance and rang Mr Wareing. Straight away he stated he wanted to settle the claim against mbna for non compliance to the data protection act.

I informed him that i would be proceeding with the case as i was confident of a judgement and an award of damages and compensation, especially as i had a decision from the Information Commissioners Office regarding my case.

 

He asked Is there any way in which we can settle this case

 

I told him the only way i was even willing to consider it was if they paid out my damages and some compensation AND paid me all the unlawful charges on my account.

(i have been through my statements and they owe me £560 .)

 

Immediatly he had recall of my figures but i stated i would be asking for countractual interest on this amount as well.

He ran away to ask his boss and rang me back 10 mins later.

And guess what they paid me everything:

 

Unlawful charges

Contractual interest

court fees

damages on non compliance claim

Small compensation for non compliance

 

So from £560 charges they agreed to paid me £1250

cheque arrived 3 days later.

 

So my advise to anyone fighting MBNA is to lodge a claim against them for non compliance at the earliest opputunity if you dont get your SAR, then when then want to settle, make them pay your charges and interest. I never even had to send one letter regarding my charges in the end!!!

I think i could definately have pushed for more or made them sweat it out in court but my goal was to get my charges back and i remain happy with the outcome....!!!!!!!!!!!!!!!!!

[jackster77]

Hi Beetlebum

 

Was wondering if when you settled with MBNA for 80 % on your settlement with them - did they record this on your credit file as partial settlement or full settlement?

 

I settled with them almost 2 years ago for around 60 % and they've put this down as partial settlement on mine

Just waiting for my response to SAR its been 30 days and they havn't even sent me an acknowledgement letter

So will be following your advice and doing them for non compliance in 10 days time

 

Jackster

[Guest Battleaxe]

Well done Beetlebum. Glad to see it all come together for you.