Mbna Group Question

[Rhia]

I am trying to get a picture of how MBNA are not responding to SARs and requests for info under the CCA.

I know there are a lot of you with this problem out there but I would like to gather all complainants together under one thread.

If you have this problem will you please add a paragraph to this thread outlining the problem and adding your link for more info.

This way I am hoping we can see the bigger picture as I have a strong suspicion MBNA are acting in this way because they don't have the correct paperwork, otherwise why not just send us the info?

Thanks all....

[rosierose]

Count me in. http://www.consumeractiongroup.co.uk/forum/mbna/37768-rosie-mbna-advice-needed.html#post296636

 

Comprehnsive SAR sent in Oct 06. They replied with a list of charges for 4 months only and demand for another tenner. Reported to ICO in December.

 

CCA sent to DCA at same time. Application form (completely unenforceable) received this week after TS got heavy with MBNA.

[beetlebum38]

Hi Rhia, Good Idea

 

I sent SAR on 8th Jan (from template)

Reply from MBNA thanking me for complant 17th Jan

Sent reply 8th Feb stating not a complaint treat as SAR under DPA(from Template)

No reply.

3 phone calls to remind them of their obligations . Got word of GOGW payment at this stage into an account that has been closed . Informed them they had only til the 20th Feb to comply with SAR.

Issued LBA giving 7 days to comply

No reply

Complaint sent to ICO on 8th march

claim issued 9th march

 

anyone else had the same deal?

 

Could someone please tell me how to post a link to my thread.....lol

[Cornucopia]

Fantastic Rhia, what a good idea, am glad to join!

 

My thread is MBNA Nightmare!!

 

Shortened version of story :

 

MBNA administering payment plan.

Denied receiving Income & Expenditure form and defaulted us via email and sold the account. No 14 day default notice issued to us.

Responded to CCA request with a copy of husband & his ex-wife's application form - sent to me, a lovely breach of the DPA, sharing third party info.

Sent SAR response out over a week late. However, wasn't a SAR, was a load of rubbish about "on this occasion"......you know the one!

I have defaulted the DCA on the basis of the 12+30 rule of the CCA, heard nothing from them.

Current state of play is N1 next week for non-compliance.

 

I suspect that most of us could cut and paste the stories for each post, as they are all much the same!!

 

What's going in in Chester one might ask?!!!

[seniorservice]

Definitely an issue fulfilling CCA requests where the account began elsewhere (like Abbey, Bank of Scotland A&L etc) and they bought the accounts - like Corn and rosierose, on MBNA's own accounts they will try and fob you off with the application form - got a feeling most of them are not executed properly - not even a box for their signature on the form. Panic at Chester??

[Cornucopia]

Fantastic Rhia, what a good idea, am glad to join!

 

My thread is MBNA Nightmare!!

 

Shortened version of story :

 

MBNA administering payment plan.

Denied receiving Income & Expenditure form and defaulted us via email and sold the account. No 14 day default notice issued to us.

Responded to CCA request with a copy of husband & his ex-wife's application form - sent to me, a lovely breach of the DPA, sharing third party info.

Sent SAR response out over a week late. However, wasn't a SAR, was a load of rubbish about "on this occasion"......you know the one!

I have defaulted the DCA on the basis of the 12+30 rule of the CCA, heard nothing from them.

Current state of play is N1 next week for non-compliance.

 

I suspect that most of us could cut and paste the stories for each post, as they are all much the same!!

 

What's going in in Chester one might ask?!!!

 

May I just update my post please.........

 

I have today received a further letter from MBNA, enclosing a further copy of my husband's application form (at the same time sharing 3rd party data with me AGAIN as it has personal details including bank account number of his former wife). In the letter they state "WE ENCLOSE A FURTHER COPY OF MR CORN'S SIGNED AGREEMENT", however, the Enc : bit at the bottom states COPY OF CREDIT CARD APPLICATION.

 

For heavens sake!

[Rhia]

Yep I know. They are priceless. Keep the listing coming folks. It could be useful for us to have a list of similar cases as part of our defence/complaints.

[Cornucopia]

Yep I know. They are priceless. Keep the listing coming folks. It could be useful for us to have a list of similar cases as part of our defence/complaints.

 

Rhia, I have started another thread asking ANYBODY to confirm if they have had a CCA request properly fulfilled by MBNA. I am sure it will be the shortest thread ever!!! I think collective information will be very useful:)

[Rhia]

Corn you batter away with that list as well and we can compare the two. I am going to go down all the threads asking people to add to the list. I see you've already nudged one or two - excellent.

I don't know how we go about class actions where a group of us start an action but I am sure Battleaxe does. Methinks I smell terror in Chester towers.

[Cornucopia]

Corn you batter away with that list as well and we can compare the two. I am going to go down all the threads asking people to add to the list. I see you've already nudged one or two - excellent.

I don't know how we go about class actions where a group of us start an action but I am sure Battleaxe does. Methinks I smell terror in Chester towers.

 

Yes, good idea, I think if we keep one for non-compliance and one for "compliance" (YEAH LIKELY!) then we have good ground. I have PM'd Rosierose with a link to this thread as she will be good to have on board. I am pretty sure Battleaxe, M55, Perseus, Stan (when she returns from hols on Sat) and all my other lovely friends on here will be valuable contributors.

 

I can see my thread having plenty of tumbleweed moments, can you??!! LOL!

[ajjars]

Hi all,

 

Just to add to this thread, hubby sent off CCA to MBNA on 15th Jan by special del. Received by them 16th. Received a copy of the agreement? on 30th Jan, one day before default. Compliment slip states "copy application as requested". There are 2 seperate copies, both dated differently, one in March 05 and one in May 05. The "agreement" is about 1/3 the size of an A4 sheet. On the top it says "signature form - sign and return today". There are 3 colums on the form. Top of the first column is hubbys name and address, then a barcode underneath. To the side appears to be a computer printed signature (don't know whos!). Below that is a credit reference number and a credit limit. Then a box for payment protection. Second column states "Data Protection Notice", that carries on to the third column which has a box at the bottom with a "your right to cancel" box, then the customer signature box with hubbys sig and date. On the back it says "Credit agreement regulated by the Consumer Credit Act 1974 terms and conditions". It has APR's etc on it. The second copy is exactly the same only it does not have a credit limit on it. This was all he received. Do you reckon this a a true copy? It's very small and most of it is totally illegable!

 

Ajjars

[Cornucopia]

Hi all,

 

Just to add to this thread, hubby sent off CCA to MBNA on 15th Jan by special del. Received by them 16th. Received a copy of the agreement? on 30th Jan, one day before default. Compliment slip states "copy application as requested". There are 2 seperate copies, both dated differently, one in March 05 and one in May 05. The "agreement" is about 1/3 the size of an A4 sheet. On the top it says "signature form - sign and return today". There are 3 colums on the form. Top of the first column is hubbys name and address, then a barcode underneath. To the side appears to be a computer printed signature (don't know whos!). Below that is a credit reference number and a credit limit. Then a box for payment protection. Second column states "Data Protection Notice", that carries on to the third column which has a box at the bottom with a "your right to cancel" box, then the customer signature box with hubbys sig and date. On the back it says "Credit agreement regulated by the Consumer Credit Act 1974 terms and conditions". It has APR's etc on it. The second copy is exactly the same only it does not have a credit limit on it. This was all he received. Do you reckon this a a true copy? It's very small and most of it is totally illegable!

 

Ajjars

 

Hi Ajjars, that sounds different to what we received, which is, in fact, just an application form with no T&C's, well nothing actually. Is there any way you can scan and post it (with salient details deleted obviously!). I hope that somebody else might be able to come on and verify as I have not seen anything like that yet.

 

If this does turn out to be a true agreement, I will need you to post on my thread (MBNA Properly Executed Agreements) to confirm.

 

Thanks!

[rosierose]

Hi all,

 

Just to add to this thread, hubby sent off CCA to MBNA on 15th Jan by special del. Received by them 16th. Received a copy of the agreement? on 30th Jan, one day before default. Compliment slip states "copy application as requested". There are 2 seperate copies, both dated differently, one in March 05 and one in May 05. The "agreement" is about 1/3 the size of an A4 sheet. On the top it says "signature form - sign and return today". There are 3 colums on the form. Top of the first column is hubbys name and address, then a barcode underneath. To the side appears to be a computer printed signature (don't know whos!). Below that is a credit reference number and a credit limit. Then a box for payment protection. Second column states "Data Protection Notice", that carries on to the third column which has a box at the bottom with a "your right to cancel" box, then the customer signature box with hubbys sig and date. On the back it says "Credit agreement regulated by the Consumer Credit Act 1974 terms and conditions". It has APR's etc on it. The second copy is exactly the same only it does not have a credit limit on it. This was all he received. Do you reckon this a a true copy? It's very small and most of it is totally illegable!

 

Ajjars

 

Mmm, looks like they had cleaned up their act a bit by 2005

[Cornucopia]

Mmm, looks like they had cleaned up their act a bit by 2005

 

I agree, that is why I have asked Ajjars to post it if possible so we have a look! Ajjars, I have a fax too if you are able to fax it.

 

I think we really need to see this Rosie, don't you?

[progenic7]

Hi all,

 

i sent SAR in the usual way though my SAR was made almost from scratch, adapted and worded quite strongly and very specific, then i sent numerous reminders and with the help of Battleaxe i sent an updated SAR which was extremely specific, and there was no way a living human could have misinterprated it.

then after 46 days i get the cheque returned and a short letter from the vice presidnet of MBNA saying that they have done me a free service as i didnt ask for a Full SAR and have sent some basic info (6 sheets of A4 with a couple of years of misleading numbers)

PLEASE read my thread and read my SAR's and you will not believe what i received back from them, in both i made it very clear i did not want a free service and that they must cash the cheque ! unbelievable.

 

Im just in the process of taking them to court over this non compliance and will be filing the N1 first thing Monday morning. One thing i did mention to a few MBNAers is that i wanted to show the judge all the CAG members that are in the same position as me, would anybody mind if i used their case as an example to the judge, so he/her can see that its not just me that they have done this to ?

I know there must be hundreds, even thousands of us so i think its time i did soemthing about it and let the judge know exactly what they are doing.

 

http://www.consumeractiongroup.co.uk/forum/mbna/59101-progenic-mbna.html

 

Johnny

[progenic7]

Rhia,

 

Hi BTW.

 

you have given me a brain wave, well i think you had already thought of it but still. Why dont we start a group action in court, any of us that has had a non compliance of SAR's we file the N1 under many names (if thats legally possible) im off to check on it now.

 

would anyone be interested in a group action ?

[Cornucopia]

Hi all,

 

i sent SAR in the usual way though my SAR was made almost from scratch, adapted and worded quite strongly and very specific, then i sent numerous reminders and with the help of Battleaxe i sent an updated SAR which was extremely specific, and there was no way a living human could have misinterprated it.

then after 46 days i get the cheque returned and a short letter from the vice presidnet of MBNA saying that they have done me a free service as i didnt ask for a Full SAR and have sent some basic info (6 sheets of A4 with a couple of years of misleading numbers)

PLEASE read my thread and read my SAR's and you will not believe what i received back from them, in both i made it very clear i did not want a free service and that they must cash the cheque ! unbelievable.

 

Im just in the process of taking them to court over this non compliance and will be filing the N1 first thing Monday morning. One thing i did mention to a few MBNAers is that i wanted to show the judge all the CAG members that are in the same position as me, would anybody mind if i used their case as an example to the judge, so he/her can see that its not just me that they have done this to ?

I know there must be hundreds, even thousands of us so i think its time i did soemthing about it and let the judge know exactly what they are doing.

 

http://www.consumeractiongroup.co.uk/forum/mbna/59101-progenic-mbna.html

 

Johnny

 

Johnny, am very willing to volunteer! I am shocked at how they have dealt with my case!

 

Let me know what you need to know!

[Cornucopia]

Rhia,

 

Hi BTW.

 

you have given me a brain wave, well i think you had already thought of it but still. Why dont we start a group action in court, any of us that has had a non compliance of SAR's we file the N1 under many names (if thats legally possible) im off to check on it now.

 

would anyone be interested in a group action ?

 

That is a very interesting thought actually, I think we would have a hell of a lot more clout in a group situation rather than individually. I was going to file next week, post back with your findings Johnny and we'll take it from there!

 

PS : I do hope the MIB's are reading this - take note!

[progenic7]

Hi Cornucopia,

 

well actually i was going to file on monday but i think i will hold off for a few more days until we decide what to do here. Like you say we will have alot more clout in a large group, even if just on paper it would be alot harder for the judge to dismiss a claim like that wouldnt it.

Im just scanning my court books now, i'll post back shortly

[ajjars]

Hi,

 

Will be happy to post the "agreement" on here ..... have scanned it, now how do i get it on here? If too technical for me (lol) I can email it??

 

Ajjars

[Cornucopia]

Hi,

 

Will be happy to post the "agreement" on here ..... have scanned it, now how do i get it on here? If too technical for me (lol) I can email it??

 

Ajjars

 

Aaarrrgggh, can somebody help with this??!!! I am full of useful suggestions except how to carry them out!! LOL!

 

Ajjars hang on a bit, see what comes back, if nothing, will PM somebody!

[ajjars]

Hanging!!

[Cornucopia]

Hi Cornucopia,

 

well actually i was going to file on monday but i think i will hold off for a few more days until we decide what to do here. Like you say we will have alot more clout in a large group, even if just on paper it would be alot harder for the judge to dismiss a claim like that wouldnt it.

Im just scanning my court books now, i'll post back shortly

 

I was going to file on Thursday for non-compliance on CCA request and SAR. How would we do it? Would we have to give ourselves a group name? Or would it be something like Multiple Claimants vs MBNA. Is it worth PM'ing a mod for advice?

[Cornucopia]

Hanging!!

 

Ajjars, hang in there love, am waiting for a response, have done a shout out!!!

[ajjars]

no probs Corn, will check back soon.