Progenic V's MBNA

[progenic7]

Just sent off S.A.R - (Subject Access Request) today along with a few other banks, credit cards and finance companies. Maybe im being a little bold but i have made it very clear that i fully intend to take this to court and also that i fully intend to claim contractual interest on said claim. I have said the same thing to all the other banks and card companies too, i feel this is fully justified and the only real fair way to pursue this.

Dont know if it will help much but im getting in touch with the local paper to see if they are intersted in following the case. At the same time im going to forward all info in real time to the local MP, and maybe a few others i come up with along the way. I really want this to be a full blown exercise in humility for the banks and their crooked tactics.

 

here goes Muhahahahaha

[progenic7]

I slighlty modified the one in the templates library to suit my own circumstances, ie i included a requet to include the agreement and all PPI paid, also made it clear im going to be claiming contractual interest, still no response...tick tock....

 

 

xxxxxxxxxxx

 

 

 

MBNA

Stansfield House

Chester Business Park,

Chester

CH4 9QQ

 

 

20.1.07

 

 

Data Protection Act 1998

Subject Access Request

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: xxxxxxxxxxxxxxxxxxxx

Address registered with you:

xxxxxxxxxxxxxxxxx

 

 

Please supply me with a complete list of transactions and charges relating to my entire banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

I also request a copy of the original agreement and a total figure of payment protection cover paid to you by myself.

I must insist that this is treated as a Subject Access Request and the fee is accepted. I shall remind you of your legal obligation to provide a complete history of charges, and if you do not comply with this you will be in breach of the data protection act ! I do not want any incomplete “favours” from you !

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have a maximum of 40 days in which to comply, though it would be nice to see a speedy response somewhat reminiscent of the speed in which you send out your own fees. Furthermore, when I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them in full, and also reclaiming the enclosed £10 Data Protection Act subject access request fee. I fully intend to pursue this case all the way to court, at which point I shall also be claiming the standard 8% interest. However I believe that a claim for contractual interest at that point be a fairer way to proceed, and my determination shall not in any way falter in this matter. If after 40 days you have failed to respond, an official complaint shall be lodged with the information commissioners office, and court proceeding will be started to force compliance through the courts for a breach of the data protection act !

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address (xx xxxxxxxxxxxxxxxxxxxxxx is now my formal residence, and any correspondence should be sent to said address.

Look forward to your prompt and courteous customer focused response.

This letter has been sent recorded delivery and proof of receipt will be collected promptly from royal mail.

You have 40 days !

 

 

Yours faithfully,

 

 

 

xxxxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxx

[chorlton1]

Thats pretty punchy!

 

Be a little circumspect in your letters, though - the courts tend to take a dim view of too much showboating

[progenic7]

thanks chorlton, wasnt in any way trying to be a show off or anything, i just want them to know that i have a fairly good idea of what my rights are, and that i fully intend to use them to the fullest. Which i do, to be honest im hoping they will defend in court so i have a chance to take them to the cleaners publicly. And i guess im alot more confident because my business partner (one of 4 directors in our company) is a solictor and ofcourse i have his full backing. So should it ever get to court i will have him by my side to advise and guide as necessary. I feel very lucky in that respect as i know most people would have to go it alone.

I'll keep you posted !

[chorlton1]

Good luck with it mate, I hope you get your day in court, although I doubt they will leave it that long unfortunately!

[ladybird17]

I think you have got all your points over fine. I see though, Chorlton's point - the use of excessive excalamtions in the letter might make some people interpet it as you being not serious, -excalamtion marks are used to inject humour or surpise- or it may be interpreted as sarcasm, and that's not a good idea if it goes to court. Will be interested to hear progress. so keep us posted.

[chorlton1]

Progenic - have replied to yr PM...you now need reply to my reply!!

[chorlton1]

same again mate - have sent a PM replying to yr PM and now you need to PM or email me!

[progenic7]

Just wanted to comment on Chorlton1 great help in making me up a very flexable and easy to use spreadsheet, so as i can now change the interest rate to any rate i like just by typing it in the box, fantastic for all the different banks im claiming from and their different rates of interest.

 

Well done mate and thanks again

[progenic7]

Finally looked "in the shed" and i have managed to locate years worth of statements from 1996-2000 with plenty of charges on most of them lol.

Now question is can i claim beyond six years or will they state the statute of limitations ?

has there been a test case on this ?

 

if anyone can advise about any claim over the 6 year period i would be greatful.

 

Progenic

[progenic7]

Also something even more worrying now, as i have sifted through these old statements i have noticed that back in 2000 my account was totally different to what it is today !

is this something MBNA have done as a matter ofcourse or might this be an indication that they had sold the debt on to somebody else back in 2000 ?

which if they have it may mean things could get a little more complicated right ? ah well i have just drafted 4 copies of a new letter relating to these different account numbers, one Gavin theobold, one to Julie Hartley, one to the data controller and one to head of customer services. Somebody should get message.

Tagged onto that letter was some great stuff partly bororrowed (well ok pinched but i new you would say yes battleaxe ;-) ) from fellow cag members, i'll post copy of tomorrow.

Im way tooo tired to do anymore tonight

[progenic7]

Heres the modified reminder letter sent off to various people high up in MBNA, i hope this gets some sort of reaction. muhaha ;-)

 

 

 

Mr Wooden Plank

Customer Advocate Office Manager (tomorrow vice president)

MBNA Europe Bank Limited

Chester Business Park

Chester

CH4 9FB

xxxxxxxxxxxxxxxxxxxxxxxxxxx

Account number: xxxxxxxxxxxxxxxxxxxxxxxxx

Dear Plank,

I bring your attention to my letter dated 20.1.07 requesting a complete disclosure of data under the data protection act 1998 (Subject Access Request), I refer to complete disclosure in its most rigorous sense. It is noted that even though said letter was sent 20.1.07 and received by MBNA on 23.1.07 and signed for (proof collected from royal mail) that you have not acknowledged my request as yet. I was under the impression that a usual professional business would do such things as a matter of course, and purely out of business etiquette .

Strangely after looking through years of statements from MBNA I noticed a change in account numbers and didn’t know why this has occurred. I have not been informed about this and find the matter very odd indeed.

. Furthermore I elaborate on my original request and listed below is a clear definition of what I require from you. This request is in Addition to my previous one dated 20.1.07 which should still be executed as per request.

I must also point out as it has been bought to my attention recently, that ALL information no matter how long held on file must be disclosed fully and in a format that is legible. It seems a lot of banks and credit card companies wrongly interpret the DPA 1998 as only needing to disclose six years worth of personal data, this is wholly wrong . I will also point out that The Limitations Act 1980 has no correlation to this request at all and has no bearing on the Data Protection Act 1998.

You have until 3.3.07 after that you will be in breach of data protection act. Act now as you will be relying on your early actions later in court and a judge will take a very dim view of a such a business deliberately stalling or supplying incomplete data.

I am now also requesting further details held by your organization and I would like to remind you have until 5pm on the 3rd of March 2007 to supply me with all the information I am requesting. The Information Commissioner has asked to be advised if I do not receive the data I have requested by this date.

Please note a cheque for £10 has already been sent in my original SAR dated 20.1.07 which you already have received.

 

I would be grateful if you would provide the following: -

• Full copies of all contracts which you believe exist between myself and your organisation, including copies of any documents you hold in support of same.
  
• Details of the identity of any individuals or organisations who have provided you with my personal information together with copies of any letters of instruction provided by them, or any contracts entered into between yourselves and the third party, and the relevant dates to which those contracts related.
  
• Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
  
• Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.
  
• Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.
  
• Full copies of any correspondence in postal, email or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial information, or which pertains to myself.
  
• Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party.
  
• Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
  
• Full hard copy print outs of any of my personal or financial information held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations. And Audio files specifically the tape recording of conversation had between myself and one of your staff regarding the mis-sale of PPI
  
• Your registration number with the Information Commissioners Office.
  
• Your Consumer Credit License number.
  
• Your VAT reg number

Where reference to emails is given above, these emails should be taken from your email servers or backups / archives held in a magnetic or digital format. These emails may not be present on a user’s local system, and may require the assistance of your IT department / IT providers, who you should contact immediately for their provision.

 

Please confirm whether you hold a physical file with details of my personal and / or financial information. If so, please provide details and dates of any instance when this file has left your control, to whom it has been communicated, the method of transportation / communication e.g. Royal Mail, courier, by hand, electronically. Please provide a full copy of this file Where my physical file has left your offices, please provide details of any precautions taken to ensure that my information has not been lost, stolen, misplaced or made available to anybody who does not have authorised access, including those who would use my information for the purposes of identity theft, or registered with any credit agencies. Please also confirm whether any of the documents held within the physical file are computer generated.

 

Under S.40 of The Administration of Justice Act 1970, if you believe you have provided my information to any organisation, agent, or individual who could, or may have used it for unlawful purposes, you should contact me immediately, and provide full details of their identification and address, together with full details of any instructions you have provided to them. If you have forwarded or communicated my personal or financial information to any person, company, or organisation, please provide a copy of the authority, signed and dated by myself upon which you have relied prior to doing so. As requested above, you should provide copies on any such communications.

 

Under the Data Protection Act 1984 / 1998, as a Data Controller, you are responsible for the complete retraction of all information provided to any third party, should I request you to do so, and have a duty to myself to ensure that any personal or financial information I have provided to you is kept securely, and is only communicated to those to whom I have given my express permission / authority.

 

If you are unable to deal with this request, you should immediately forward it to the person within your organisation responsible for Data Protection. If you do not provide the information requested within the given time limits (final date 3rd March 2007) under current Law, my complaints already registered with the Information Commissioners Office and the Office of Fair Trading, FSA and Financial Ombudsman will be escalated.

 

I will be filing in the County Court on the morning of 4th March for Non Compliance and damages, if I do not receive the documentation requested by 5pm 3rd March 2007. A post marked envelope bearing the date of 3rd March 2007 does not mean I have received the documentation, unless you have my signature as having received it on the 3rd March 2007.

 

I have enclosed a copy of my passport and driving license for identification purposes. I have been informed by the Courts I do not have provide identification at all. As far as I am now concerned you are in receipt of all necessary instructions to execute SAR request, and no further correspondence shall be undertaken on this matter.

 

Might I remind you one County Court Judge is prepared to jail the Data Controller of the Royal Bank of Scotland for not providing information under the Subject Access Request and the stalling tactics used by the Data Controllers to buy time.

 

.

 

I look forward to hearing from you in the first instance

 

Yours sincerely

Progenic7

Previous addresses

xxxxxxxxxxxxxxx

The clock is ticking Gavin and you are running out of time boy !

[progenic7]

finally after the snotty letter they got the message and sent me an acknowledgement, though it was sent to my old address. Seems they have trouble reading as i made it very clear on all correspondance that i have changed address. Has anyone else received a letter from R Vernon ?

 

 

MBNA Europe Bank Limited

chester business park

Chester

CH4 9FB

Phone: 01244-672000 Fax: 01244-672100

Our Ref: xxxxxxxxxxxxxxxx

8.2.07 February 2007

xxxxxxxxxxxxxxxx

xxxxxxxxxxxx

 

Dear xxxxxxxxxxxxxxxxxxx

 

Thank you for your request to be provided with personal data pursuant to the Data

Protection Act 1998. I confirm receipt of a cheque made payable to MBNA Europe

Bank Ltd for £10 and a copy of your Driver’s Licence and passport

Your request to be supplied with a copy of all information held by MBNA relating to yourself is being processed by our Compliance department.

Please note MBNA Europe Bank Ltd will provide the information to you within the 40 days allowed by the terms of the act.

 

Yours sincerely

 

R Vernon

 

Compliance Department

MBNA Europe Bank Limited is authorised and regulated in the UK by the Financial Services Authority and subscribes to The Banking Code.

Registered Office: MBNA Europe Bank Limited, Stansfield House, Chester Business Park, Chester CH4 gQQ. Registered in England No. 2783251.

[progenic7]

Just drafted a response for Mr Vernon (or mrs) maybe slightly sarcastic but im not too bothered about it considering they have robbed me of thousands.

goes in the post first thing in the morning ! any thoughts would be appreciated as i feel all alone here somehow ;-)

 

 

Without Prejudice

 

Dear R Vernon

 

Thank you for your acknowledgement dated 8.2.2007 with regard to my SAR under the DPA, and safe receipt of a cheque to the value of £10.00. Though I am very disappointed that such a large and well established company can display such disregard for their customers, by way of taking three weeks to respond, I do appreciate that you must be extremely busy in the compliance department of late. You may notice if you refer back to my original request dated 20.1.07 and then 1.2.07 I made it very clear that I have changed address. That said I still feel it necessary to draw your attention to the top left hand corner of this page and ask you to take note of new address, as clearly you failed to look at the time you responded. The identification previously forwarded to you shows this as my address and I trust no further discussion on this mater is necessary.

I respectfully ask you to take particular notice of my previous request dated 1.2.07 and fully expect said request to be executed as per instruction and without exception.

After watching and reading several hundred cases dealt with by MBNA’s compliance and legal department, I have noticed a tendency in protocol I feel I must comment on.

Firstly as my original SAR request submits I insist this is treated as a full subject access request and under no circumstances do I want this dealt with free of charge or as some kind of favour from you.

Secondly the standard response copied from template you send out to most people stating how transparent your costs and terms and conditions are, and how you feel they are fully justified ect ect ect ect. Simply will not wash with me! I suggest you save that kind of talk for the court as i'm sure the judge will be very interested in that particular argument as you are proving your costs to him and explaining policy on how PPI is sold.

I must remind you the Subject Access Request time limit expires on 3.3.07, though to be sure to comply with the DPA the documents and recordings should be posted no later than 1.3.07.

I will show no hesitation in beginning court action to force compliance through the legal system and at the same time lodging a complaint with the information commissioner.

I do sincerely hope that this matter may continue unhindered and without any further error on MBNA’s part.

I trust this fully clarifies my position.

 

Yours sincerely

 

Progenic7

[TaylorMade]

So you're the one holding MBNA up by making them read BIG LETTERS like that? :D * Only joking *

 

Looks like you have a fun and combative style - and a handy 'partner' in the wings - I'll watch this thread with interest.

[progenic7]

Lol @MBNA

 

The Judge @ MBNA

 

millions of potential claiments @ MBNA

 

@ MBNA legal team

 

Bring it on coz you got a fight on ya hands ;-) muhahaha

 

yeah thanks for that im really really looking forward to my day in court, though i expect the pu****s will pay before i get the chance to publicly humiliate them.

 

after the years of crap i put up with from them, thinking they were in the right. The sleepless nights and worry.

 

Revenge is sweet my friend and now i have my turn :grin:

 

MBNA You are pathetic !

[progenic7]

Been thinking about the MBNA case today and i have decided atleast initially i will try and claim all charges, pre six year charges and mis sold PPI in one claim.

I feel this is justified as it all falls under one account, in a similar time frame and due to incompetence !

 

So the claim will be structured along these lines.

 

Standard charges to six years

Pre six year charges under s32 (1) a,b,c

PPI fraudulently sold

compensation

All costs (ie postage fee's, court fee's, ink for printer, envelopes the lot)

Labour @ £9.25 an hour x many many days

SAR fee @ £10.00

Compound Contractual interest on the lot

 

Any thoughts ?

[Josamolly]

yeah i think you should go for the whole lot..

 

Great wording by the way.

 

Jos

[progenic7]

OK MBNA's time is now up and they have not complied with the SAR, so they are now officially getting both barrels from me

 

I got up early this morning because i was convinced that the parcels would be here and i could spend the weekend sorting my little "Paper" i have been working on.

Now im P****d off with them, cant believe after the DPA request i made to them (see above) they have actually not complied. The arrogant, incompitant wastes of space.

Information commissioner here i come, along with anyone else i can think of.

[intercityman]

Have you still not heard from the MBNA yet. The have 3 days to comply with a LBA i have sent. They suggest they are busy. I hope they not going to turn into a barclays bank.

[progenic7]

Hi Intercity,

 

nope all i have had is the acknowledgement of the SAR after a few weeks (and a snotty letter to push them a bit), the SAR ran out on 3.3.07 we are now on day 42

I knew they were going to give me problems on it, i just new it lol

 

going to wait till i see the post tomorrow then a complaint to the FOS, although they are just as busy as MBNA.

 

hey ho, atleast i have the moral high ground already, though not hard when against MBNA is it

 

Johnny

[intercityman]

I hope you had some news today !!! Need some good news.

[progenic7]

Sighs......

 

Nope nothing i cant believe they are taking the P*** like this, i thought i would give them the benefit of the doubt, and allow a couple of days over the deadline. I mainly did this so a judge can see i have acted reasonably and not been to forceful.

You will notice a slight change in my actions from this point onwards, as this is the serious bit

 

Sorry MBNA but as usual you have proved yourself incompetant !

 

Exemplory damages will be in order i believe

[intercityman]

I am sorry MBNA are being totally unprofessional. I am concern that I am at LBA and they arent dealing with it either. Must be swamped. I have 2 days until expiry of LBA.

[progenic7]

Intercity,

 

yeah i know, though in your case i wouldnt worry too much as like me you still have the high ground, as you have done exactly what you said you would.

And of course 28 days is way more than enough for a multi million pound business with entire floors of buildings dedicated to just a department. Its pretty standard fodder for them and they of course know whats to follow, and will almost certainly act upon the action you are about to make.

Hang in there mate your nearly at the end of it, with a nice little golden egg to collect.