MBNA failed to comply with SAR

[citybloke]

Hi

 

MBNA have now failed to comply with my SAR request today.

 

They wrote to me on 29th Janary 2007, saying they would supply the info by February 26th 2007.

 

Should I send the template from the library which gives them 7 days before I take it to court ? or should I wait until the 26th February, as they have written to me stating that date ?

 

The 40 days expired today for MBNA.

 

Thanks

[ladybird17]

they've breached DPA then. Write to them & tell them - can't see how you can do LBA if you don't know how much you are claiming. Find out Data Processing Officer at MBNA or alternatively write to Bill Wareing in the legal dept. Everyone else does!

[citybloke]

Thanks for the reply Ladybird17.

 

When I mentioned LBA, I meant using the template below from the library for non-compliance of a SAR :-

 

"LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

You have failed to comply with my Data Protection Act Subject Access Request dated (Insert Date).

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice."

 

 

I was just wondering whether people on the forum thought I should send the LBA above or give them a 20 day extension to the 26th Feb, which is the date they sat the info will be with me.

[ladybird17]

Right - got you. Well it's YOUR claim, not theirs, so I wouldn't let them dictate a timetable to you. You set them a timescale, if they can't stick to it, then it's tough luck. If you said to them I can't pay my credit card bill when you want me to as I'm a bit busy, but I'll pay it in two weeks time - do you think they'd say "oh okey dokey citibloke, that's fine with us, we'll just wait until you get around to dealing with us" I think NOT!

Read around the other MBNA threads. - they are being pushed hard at the moment - one sign of weakness from any claimant and they'll put you on the back burner.

[citybloke]

Thanks Ladybird

 

You're right about showing sign of weakness ! so the letter is in the post (recorded delivery).

 

Will update when I have a reply.

[ladybird17]

Good for you! Keep the thread upated - there's a lot of us here on the backs of MBNA, so you've just joined the club!