Progenic V's MBNA

[beetlebum38]

Progenic,

we seem to be at the same stage. Beetlebum vs mbna

i am just about to file for non compliance to my SAR.

I only differ from you beacuse i had the stupidity to phone them a few times and try to reason with them and make them comply........lol (total waste of time)

By the way did anyone make a GOGW payment to your account ?

[intercityman]

I guess I was luck with my SAR, although mine was recieved on day 39. I am still waiting for them to decide on my LBA which expires tomorrow ( Intercityman vs MBNA ). I am told they have a back log and that they are doing things in strict date order.

 

I did get a goodwill payment from them that amounted to just under half with out intrest. Just awaiting the rest I am due now.

[progenic7]

Hi Intercity,

 

I have amazingly received a reply today from them, however low and behold they have paid no attention whatsoever to my SAR letters and reminders, and have sent a couple of years of photcopied details, not even including the charges, interest or account balance at the time.

 

Then gone on to say that they have done it for free and havnt treated it as a subject access request because i didnt ask for one.

 

Im F*****G Fuming....the complete morons they abviously didnt read my very specific SAR and subsequent SAR update, i mean how precise can it be. They have enclosed a very basic letter to sign if in the future i decide i want to have a full SAR completed.

 

I will scan the letter later on, im just off out to have dinner in a few mins though, lol i have to try and laugh because im ready to hit someone from MBNA, i have had to stop myself ringing them and losing it on the phone.

 

oh dear they are going to get both barrels this time. i'll update the post a bit later on

 

Johnny

[beetlebum38]

Hi progenic,

 

At least you got some form of reply...lmao

I am just going to complain to ICO and issue a claim against them for non compliance.

Perhaps if enough of us use this route we can force a change in their stratagey??

[intercityman]

i managed to calculate charges from what they sent me, although it wasnt a complete SAR.

[progenic7]

Hi progenic,

 

At least you got some form of reply...lmao

I am just going to complain to ICO and issue a claim against them for non compliance.

Perhaps if enough of us use this route we can force a change in their stratagey??

 

Yeah im with you on that i am also about to lodge a complain with the information commissioner and if necessary start court proceedings if thats whats recommended by the ICO. Its just a pain in the ass and it doesnt make them look very competant at all does it. They clearly havnt read a word i have written, i mean how flippant can they be for gods sake. Well they have made a bad move now

 

i managed to calculate charges from what they sent me, although it wasnt a complete SAR.

 

Yeah of course i could just estimate the charges and i believe i would have justification to do so, but im not going to. As im pretty sure that this claim will go to court i want to be the one with the moral high ground behind me, so the judge can see that MBNA have acted unreasonably at every opertunity.

Watch this space, i will have my day

[progenic7]

By the way this is the crap they sent, if you can remember my letters from earlier posts you will see my point, im actually amazed that they have a license to act as a financial outlet like they do, clearly they are not fit to do much at all, the vice president cannot read english. Infact i imagine the vice president is maybe a small primate, clearly they are all total incompetent's.

 

-------------------------------------------------------------------

 

MBNA Europe Bank Limited

 

3 March 2007

Phone: 01244-672000

Fax: 01244-672100

 

Dear Progenic 7

 

Account xxxxxxxxxxx (By the way the account number wasnt mine FFS)

Thank you for contacting us. Please accept my apologies for the delay in responding; I regret that it has taken longer than anticipated to retrieve the relevant data. Relevant are you mad ?

I note the address provided in your correspondence, as above, is different to the details held on your account well im surprised i actually thought you could not read or write, which is xxxxxxxxxxxxxxxxxxxxx. I have recorded your new contact details on your account. you have been to business school havnt you

As requested, we have enclosed details of your statement information. On this occasion, we have provided the information to you free of charge WHAT THE F*** is it just me or what ? FFS, as we have not treated your request as full data subject access request. Please find enclosed your cheque for £10. Jesus christ almighty

Should this information not be sufficient read my extremely specific FULL SAR YOU IDIOT, and you wish to make a full data subject access request under section 7 Already have !of the Data Protection Act 1998, please complete and return the attached form. NO

Please ensure you include the fee of £10 (cheques to be made payable to MBNA Europe Bank Ltd) and appropriate ID (e.g. photocopy of driver’s licence or passport). I sent the F*****g things last time you idiots

 

Yours sincerely

 

Rachel Claridge

 

Assistant Vice President

 

OK MBNA you are taking the **** and you are now going to court to explain to a judge why you think you are so special that the law doesnt apply to you, i am suing you for costs and full damages at £100 per day over expiry of sar which was 3.3.07, plus aggrevated damages, plus exemplory damages, plus time, postage, stress and anything else i can muster. You are getting both barrels right between the eyes you little *******************************s !

[progenic7]

*Bangs my head on desk, slowly loosing the will to live*

[beetlebum38]

I know how you feel.....lol

Dont fall for their tatics. They want you so frustrated you gave up.

No company in the world can be that incompetant

 

The last to time i was on the phone with them(james doherty) they said they would sent me a letter to say more or less what you have just received in yours. I told him to send it if he liked but they were now in non compliance of my SAR and i would be filling for a court order to make them comply.

We have got to just press ahead with our plan.

 

However i take your point!they are lower than a snakes belly......lmao

[intercityman]

I cannot believe that they havent even sent you copies of fees and dates. I really dont think MBNA now what they are doing, if i was them i would be extremely concerned. I am awaiting to get my fees out of the way and then will be pursue the fact the SAR was not met with.

 

Dont get annoyed get even !!! We have the moral high ground and they will los in the end. Doesnt ot feel good to get your own back and be legal correct.

[progenic7]

This is what i sent to ms Rachel Claridge (assistant, assistant, junior, only on tuesdays Vice President) i kinda regret sending it now because i was really mad at the time and that has over ridden the content of the letter i think ahh well its sent now and i think it will be ok as an LBA for iminent court action. (speaking of which i need to see cornocopia and decide what we are doing about that)

Dear

Rachel, 3.3.2007

Thank you for your letter putting you in breach of the Subject Access Request. To be perfectly honest Rachel I am lost for words, as the actions and total incompetence of MBNA beggar’s belief. Firstly I would like to draw your attention to attached letters, which were sent by myself dated 20.1.07, 1.2.07 and 12.2.07 respectively and letters dated 8.2.07 and 3.3.07 which were received by myself during my correspondence with you. For the purpose of this explanation, the information commissioner and the court I have called said letters appendix 1, 2, 3, 4 and 5.

In the appendix I have highlighted in red any paragraphs of special importance or meaning in this case, and therefore I would like you to carefully read said paragraphs with particular attention.

As you can see from these letters I set out my request under the Data Protection Act very precisely, making extremely clear that under no circumstances did I want some sort of free service, or indeed an incomplete disclosure. Therefore I respectfully ask under what authority did you make the assumption I would be happy with this incomplete, incompetent and inaccurate breach of the data protection act. Further to that what makes MBNA think they are so special that they can choice whether or not they will comply to a statute act. As you can see from appendix 4, R Vernon made it very clear that the SAR would not only be completed as instructed but would also be on time. Unfortunately neither of these delusions were correct, along with a plethora of other major incompetence’s. As you may be able to detect from this letter I am extremely unhappy with the service you have provided me under the DPA, not only have you breached the act, you have been disrespectful, un courteous, flippant, presumptuous, and plainly ignored any letter sent by myself.

Further to that as I have been reading and watching your correspondence in real time, with others currently seeking a request under the DPA, I have noticed general protocol is to act the same way. In my correspondence with you I have taken great care and thought as to the content of my letters, I have also taken great care in posting the letters, printing, copying ect. Clearly the same cannot be said of yourself, as you quite plainly do not bother to read anything sent to you, but prefer to disregard that and continue in an arrogant and unprofessional way.

I would like you to immediately look into this without any further delay whatsoever, as you are now in blatant Breach of statute, and this simply is not good enough, not by a long chalk.

I will not be sending you your Subject Access Request form back to you, as clearly I have set out my request properly and extremely precisely already, also somewhat ironically I have already sent you a copy of my drivers license and indeed my passport, in letter (appendix 2) dated 1.2.07.

Further to the above paragraph I sent you a cheque for my SAR fee which is £10 on the 20.1.07 (appendix 1) and made it very clear that I insisted it was cashed and accepted for a full disclosure under the act.

I am so very disappointed with your actions I am actually amazed MBNA is able to trade as a professional company.

I have formally now lodged a complaint with the Information Commissioner and have of course attached said appendix for his clarity, and I am seriously considering starting a court action in the county court to force full compliance under the DPA, which I remind you again, you have now breached. I feel I would have an overwhelming case in front of the judge, and clearly the only plea from yourselves would be total incompetence and blatant disregard for its customers.

I hereby give you until return post to acknowledge my final request, if by this date (Saturday 10.3.07) you have failed to acknowledge my request I will begin court proceedings to force compliance. If I am forced to take this action I will of course be claiming the court fees, personal time, exemplary and aggregated damages back from you.

In any event I will be pursuing a claim against you which will now contain a claim for extra damages under statute.

One final point I wish to raise is the fact that my account number documented at the top of your last letter was not actually my account number at all, it seems it must be somebody else’s account number wrongly noted on my letter. Also for the record and clarity I request all information you have on me is disclosed from the Inception of account, as it seems you have only included rough data from 2001, again this is wholly wrong. It all seems slightly ironic really as when a customer owes you any money you are not so slow to act. You have now caused me serious anxiety and stress, as I am extremely upset by all of this, you have cost me many hours, even days, in preparing letters and doing research on this subject, not too mention all the printing and copying expense I have had to incur. I give you until 10.3.07 to look into this situation; I feel I have been more than patient and extremely reasonable. I also enclose the cheque I originally sent to you on 20.1.07, I do not need to enclose any drivers license ect as I have already done this.

Rachel please look into this immediately and post your reply by Return !

Yours an extremely unhappy ex customer of MBNA

Progenic7

[progenic7]

well over the last few days a few things have occurred, namely i have sent off prelim (my own work, though i wont post just yet) and today, without warning they finally complied with the SAR and sent me what i requested.

A bit late in the day really but still, i wont be able to push for court compliance anymore becasue they have complied , i would have enjoyed taking them to task over that.

Oh i sent off a complaint to the FOS about their lack of compliance too, though they didnt do anything, just said they would forward my complaint at the end of the month.

 

well onwards and upwards, i'll keep you posted as and when i get any news, i have split my claim into 2.

im making a claim on the PPI and a claim on the fees applied, together they come to about £8000

 

Johnny

[Cornucopia]

well over the last few days a few things have occurred, namely i have sent off prelim (my own work, though i wont post just yet) and today, without warning they finally complied with the SAR and sent me what i requested.

A bit late in the day really but still, i wont be able to push for court compliance anymore becasue they have complied , i would have enjoyed taking them to task over that.

Oh i sent off a complaint to the FOS about their lack of compliance too, though they didnt do anything, just said they would forward my complaint at the end of the month.

 

well onwards and upwards, i'll keep you posted as and when i get any news, i have split my claim into 2.

im making a claim on the PPI and a claim on the fees applied, together they come to about £8000

 

Johnny

 

Go Johnny, Go Johnny!

 

I loved your letter!

 

Regarding our other little plan, I will be giving this some more attention, I have had to stay off here for a bit for the sake of family unity:rolleyes: but promise I have not forgotten!

 

Corn x:)

[progenic7]

i have just re read my last letter to MBNA i think i was a little bit mad that day.

well over the last few days i have been working on my N1 form (PoC) for the court, its taken a lot of doing i must admit, the PoC itself is loosely based around the one a barrister compiled in the "justwon" case, its taken alot to ammend and add stuff to it though.

But i can officially now say...its complete, the deed is done, mbna watch out because this is the mother of all PoC's.

 

Not many days to go before i get to file it at the court (9 to be exact)

 

muhahaha

[Cornucopia]

i have just re read my last letter to MBNA i think i was a little bit mad that day.

well over the last few days i have been working on my N1 form (PoC) for the court, its taken a lot of doing i must admit, the PoC itself is loosely based around the one a barrister compiled in the "justwon" case, its taken alot to ammend and add stuff to it though.

But i can officially now say...its complete, the deed is done, mbna watch out because this is the mother of all PoC's.

 

Not many days to go before i get to file it at the court (9 to be exact)

 

muhahaha

 

Hun, if you can tear yourself away from the Britney Spears Website for a minute, is this your PoC for non-compliance only?

 

If so, I will be emailing you to share as I have to do the same thing this week!

[progenic7]

Corn,

 

for you i can tear myself away from anything

 

well no actually its my main claim with MBNA (the N1 anyway), its split into two parts really but in one claim, the PPI and the penalty fees.

its taken ages to ammend and add to it over the last few weeks, but i reckon i have just about cracked it, i have info from the FSA the FOS the OFT the BBI the IBA, you name it and its in my POC

 

cant wait to file it now coz its gonna hurt

[Cornucopia]

Corn,

 

for you i can tear myself away from anything

 

well no actually its my main claim with MBNA (the N1 anyway), its split into two parts really but in one claim, the PPI and the penalty fees.

its taken ages to ammend and add to it over the last few weeks, but i reckon i have just about cracked it, i have info from the FSA the FOS the OFT the BBI the IBA, you name it and its in my POC

 

cant wait to file it now coz its gonna hurt

 

P, are you flirting with me?

 

Right, that clears that up, I will be watching with interest (and screaming for help in a few weeks too!!!)

[progenic7]

received a templated letter from them today, just letting me know (well not really letting me know much at all) that my account may be closed as i requested in my last letter.

they say it MAY be closed not that it actually is, of course that depends if they can decide if there is any interest that i still owe, but they suggest if my account is at zero then it should be closed, well my account is at zero so im taking it as fact.

Though a phone call tomorrow will confirm one way or the other. its part of my game plan that i always close the account before i start court proceedings (as i have found generally they try and sneakily pay money into the account a few days before court... naughty naughty)

 

johnny

[progenic7]

dont think i have posted this, so heres a copy of the LBA i sent a few days back, as you can see its fairly quick and to the point as i felt it pointless to dwell on the legal side of the claim too much.

Ni will be following shortly im sure as we all know MBNA are not the fastest to respond to letters.

 

 

I am very disappointed that you have failed to respond properly to my previous letters, of which there is many, and that you have breached the data protection act. I feel I have made every attempt to retrieve my personal data from you under s7 data protection request, in order to begin the process of retrieving unlawful fees ect. It would appear that you have little or no regard for the law, and indeed have no intention of complying with any of my requests. I now understand that the regime of 'fees' which you have been applying to my account in relation to late payments, over limit fees PPI and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I make specific reference to clause, 31.1 a,b,c,d and 13.2 in which your averments suggest you will debit your “costs incurred” involved in the automated process of late payment ect.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise. However in light of your recent actions, and recent media attention ect, highlighting the unlawfulness of these charges, I have lost all confidence in you.

I make one final request that you advance me a breakdown of your actual costs involved in such processes as late payments, over limit costs ect. If you are able to advance these costs and show that they are indeed lawful, and show a true reflection and pre estimate of any liquidated losses you incur each time, then I shall withdraw all allegations and no longer pursue any claim I may have with you.

Enclosed with this letter are two spreadsheet printouts, one for the mis-sold PPI, and one for the unlawful fees taken from my account. Unfortunately because you have failed in your duties, and have not fully disclosed all my personal data under s7 of the DPA, I feel the spreadsheets do not fully reflect the total cost incurred on myself, clearly because you have blatantly refused to give me a complete set of copy statements.

I draw conclusions that the payment protection insurance was mis-sold because at the time it was sold to me I was self employed. Upon looking through the terms of such insurance it clearly shows that I was not covered under this insurance, and this is something you should have known before selling it to me, and indeed checked the product was right for me at the time of sale. Clearly if you had been abiding by relevant rules and regulations laid down by governing bodies, this would never have happened. Clearly this is an unlawful act under the Misrepresentation Act and I have a great deal of case law (as authority) plus relevant rulings ect on this matter.

Further to that the insurance was pushed onto me over the phone in a very aggressive manner, and the salesman was aware that I was self employed and still insisted it was the correct product for me.

On the subject of PPI I made several attempts to cancel this insurance, when I finally became aware it was the wrong product for me, however it actually took nearly six months for my request to be heeded. In that time I had accrued many weeks off work due to a prolapsed disk in my back, if the product had been sold and chosen properly I would have been able to claim on this insurance.

I feel I have suffered as a result of MBNA’s incompetence, and blatant disregard for rules and regulations laid down by the FSA, OFT, FOS ect ect.

I have already lodged a formal complaint with the financial ombudsman, who has made me aware that MBNA will shortly be receiving a Mass complaint from them, due to the huge amount of complaints against MBNA. Further to that the consumer action group (of which I am a member) is in the process of forwarding a mass complaint to the FSA and OFT, in the hope MBNA will be struck off as a competent financial body. (copy of complaints to FOS and FSA enclosed for your verification)

I also have noted that you may be in breach of the Consumer Credit Agreement 1974 and will be looking into this matter at a later date, when all the necessary facts become available to me. Further to that I will still be pursuing, in court the fact that you have breached the DPA, and to force compliance through the court system, along with any case on the CCA which may be relevant.

I feel it is reasonable of me to give you a further 14 days from receipt of this letter to make payment in full. If you do not avail yourself to my request I shall have no choice but to pursue this claim into the small claims court. I have spent many months now researching this subject and I feel I have built up a very strong legal case.

My legal case is already completed in anticipation of you failing to respond to me. I feel it inappropriate to go into the full complexities of the legal arguments and authorities I will be using to win the case in this letter. I will say that the claim I will be bringing will almost certainly succeed in court, and I feel very confident that you will not defend this claim. I enclose my previous letter dated 3.3.07 (Prelim Letter) which outlines the skeleton arguments I will be using in court. However the prelim letter is only a skeleton argument and doesn’t show the full basis of the evidence I will be using in court, which is a 17 page Particulars of Claim.

However make no mistake that I will be filing my N1 County Court claim form in the small claims court on 6.4.2007, at which point you will be liable to pay the court fee, further costs (due to being unreasonable) exemplary and aggravated compensation. I shall begin court proceedings without further notice, and will be vehemently defending my claim all the way to the court room.

I suggest that it would be a much easier route and involve far less expense to agree this matter now, before the need arises to go to court. Not only would that course of action cause all parties undue stress, I feel it would be a total abuse of service under CPR court regulations.

I have noted that up to today’s date not one single bank or credit card company has actually defended their costs in court, I suggest then my case be no different at all.

 

I calculate that you have taken £4828.66p in unlawful charges, fees, and £3450.15p in mis-sold PPI. The above figure includes contractual interest at the same rate you charged me, and seeing as you took this money unlawfully from me, and out of mutuality of contract I include the same, however I have not applied compounded interest on interest for the PPI.

I request payment to me is made by cheque and cheque only, any other payment method will be refused. I remind you, you have until 5.4.07 to make payment otherwise court proceedings will commence without further notice, at which point you will be liable for further costs.

For the avoidance of all doubt I request you immediately pay the following:

Illegal Charges and Fees with interest £ 4828.66p (rising @ £1.38 per day)

Mis-sold Payment Protection insurance £ 3450.15p (rising @ 0.76p per day)

Postage costs £ 10

SAR fee £ 10

Stationary/printing ect £ 20

Actual time taken on case @ £9.25 per hour x 38 hours to date £ 351.50

Total Claim for both unlawful acts £ 8670.31p

I feel that under the circumstances and due to the narrow time window you have left, a quicker form of communication may be appropriate. Therefore for the purpose pursuant to this claim and this claim only I give you authority to contact me by either phone or email.

Yours faithfully

Progenic

[progenic7]

received a letter from Mbusa yesterday (dated a week before) saying they would send me a comprehensive and detailed reply to my previous letters by April 14th (Today) Lol

I cant see that happening somehow, and to be honest if i had not forgotten i was on holiday last week, the N1 would have been filed already, but because of a slight logistical error it hasnt yet , but will be on Moday 16th

But i think thats being quite fair, giving them another week over the dead line i mean, so i dont think its a bad thing.

 

Anyway i will keep you posted if the postman does happen to turn up later this morning 8)

[RedDeath]

subbing in on this one...great fighting spirit mate!

[progenic7]

welcome Red

 

i have just been working out the totals involved with my claim and realise by the time i have applied damages and costs my claim goes over £10,000 so claerly is going to be fast tracked, unless i do separate them and keep both claims around the £5,000 mark, though i didnt really want to argue the PPI issue on its own.

Or i could ask MBNA to agree to allow the 10k claim be heard in the small claims (by agreement) lol fat chance of that happening.

 

you may have guessed i dont care too much for MBNA after the years of hell they put me through, i will relish taking them down

 

muhaha

[RedDeath]

Same boat progenic,

 

Some interesting points regarding damages on my thread...there seems to be quite a divide between those who feel that you can claim back damages and those who don't...

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/54034-reddeath-lloyds-tsb-10.html

[progenic7]

Received a reply today from a Ms Rachel Claridge (vice pres no less)

 

she tells me MBNA are very open and honest and the charges are transparent, fair and provided for by the tariff of charges...lol

 

she also tells me the PPI was requested by myself and that mbna PPI covers self employed people..lol yeah right

 

she then goes on blah blah blah...but without admitting anything we offer you £530 as a gesture of goodwill...lol

 

needles to say i have drafted a quick reply, telling her to stick the offer where the cobwebs probably lie and i'll see her legal team in court (or words to that effect)

 

the battle goes on

[progenic7]

it seems Rachel Claridge just keeps on ignoring everything and everyone, does she really exist i wonder.

Every letter i receive is not actually signed by her, its just a copied signature at the bottom, probably written by some office junior.

 

well she sent me a cheque for £530 saying it was in full and final payment, and it was purely goodwill...

 

MBNA i am gong to crucify you in court very soon, with costs and damages, CI and fees we are looking in the region of £12k, so im sure Ms Rachel Claridge you would have been much better off paying when i first asked.