Lee v MBNA

[Cornucopia]

Hi again,

Sent off SAR today so by Tuesday the 40 days countdown begins, wish me luck

 

Could anyone give me some advice on the question above please, many thanks

 

Lee

 

Hi Lee,

 

Refund of charges will generally reduce balance, so that seems OK with you!

 

Also, did you include ID? If not, they will leave it until your 40 days are up and then send you some random statements and a letter saying that they have not treated your SAR as an SAR. They will then tell you they have another 40 days......I don't think so!! If I were you, I would follow up with a short note, referring to your SAR, include a copy of your driving licence for example and say that for the avoidance of doubt, you SAR is to be treated as such.

 

Also, stick ridgidly to your timetable, not theirs!!

 

I hope this helps!

 

Regards,

 

Corn x:)

[Cornucopia]

thanks Cornucopia

i didnt send ID with SAR so i will take your advice and send another letter with copy of drivers licence and stick to the 40 days, will be interesting to see what charges i have incurred, looking forward to the challenge

 

Many thanks again

 

Lee x:D

 

Oh Lee we love a challenge on here! The MINUTE they don't comply get an N1 in on MCOL, I can help you with that.

 

Don't worry my friend, they are idiots and you are not. That is about as coherent as I can be tonight after a lot of Pinot Grig. xxx

[Cornucopia]

Hello again, i spoke to a very nice but not very informative lady from MBNA yesterday, about the fact that they said they would respond to my complaint, (not really a complaint but my S.A.R - (Subject Access Request)) by the 23rd April, she told me that they are very busy at the moment, and they are trying to get through the backlog, i reminded her that the deadline for SAR is up on 4th May, and she said the same again that they are busy and doing their best, however, they are not that busy that they have time to send me a letter saying i am £118.20 over my credit limit and i am required to pay it immediately (which is made up of charges and interest)

at this rate it looks like a non-compliance letter may be in order for next weekend,

 

Lee:D

 

Lee am sorry for not picking up earlier - don't hang about, file an N1 on MCOL. There is no further need to procrastinate and frankly, if they are that busy, they ought to look at their recruitment issues. It will cost you £30.00 to do this. You will get this back.

 

Have you sent them a CCA request? This will immediately put your account in dispute? Do read up on it though. If your account is post 04' they are likely to be able to produce the agreement.

 

Have got to shoot off again, but will try and keep an eye on this!

 

Regards,

 

Corn x:)

[Cornucopia]

hi Corn, i havent sent a CCA request, cant remember when i took the card out, it was a few years ago, forgive me for being a bit dull, i read something about a CCA request but i thought you did that if your account had been passed onto a collection agency, i will read up some more on this,

i work away all week so i wont be online now untill next weekend, i will keep you updated on a weekly basis:)

 

thanks for the advice

 

Lee x:D

 

p.s. procrastinate is a lush word, i had to look up what it meant lol

might try and slip it into conversation 2moro

 

Hun, be as dull as you like! All forgiven! A CCA 1974 request is where you ask the creditor to provide you with a true copy of your executed agreement. They have 12 days to do this or they go into default. If they do not provide the document within a further 30 days, they are in criminal default and the debt becomes unenforceable without a court order, or alternatively not enforceable at all unless it contains the prescribed terms.

 

Might I suggest that you have nothing to lose by sending one. It will cost you the £1.00 postal order you need to enclose. It can be found in the templates library, Letter N, if you have any trouble location it, let me know a.s.a.p.

 

Hope this helps!

 

Regards,

 

Corn x:)

[Cornucopia]

thanks again corn, you are a diamond:) i found that letter earlier, i will get that printed, and sent off, i will also read up some more on this.

 

Lee x:D

 

Lee, you're welcome hun, there is a CCA thread but it is HUGE and I think you need to be on here a lot more and seriously dedicated to wade through it. There is a smaller thread, CCA - Mark II in the general debt forum, try this, smaller and more manageable. Alternatively, any questions, let me know by PM as I can help you with this!

 

Regards,

 

Corn x:)