saddler10 vs mbna

[saddler10]

Hi, DPA request sent to MBNA for A&L credit card on 24/5 by recorded delivery. Will update on progress.

 

cheers, Paul

[joneshousehold]

Hi - good luck with this. I shall follow your thread with some interest so do keep us informed. I have these people to consider for future attention when my biggies have settled!

[saddler10]

Thanks, will also be sending DPA request to A&L themselves for this card as MBNA only took over A&L credit cards in 2003 I believe.

 

Paul

[barracad]

Thanks, will also be sending DPA request to A&L themselves for this card as MBNA only took over A&L credit cards in 2003 I believe.

 

If MBNA took over the card they should have had all the previous details passed over from A&L. Personally I would send the 1 request to MBNA and see what their response is, you probably won't need to contact A&L.

[saddler10]

Cheers, seems to be some confusion on this issue from what I have read elsewhere. If A&L made charges on this account before it became MBNA wouldn't I have to reclaim those charges from A&L? May just wait for the response from MBNA to see where I stand.

 

Paul

[saddler10]

Hi, received reply from MBNA.

 

Dear Saddler10,

 

Thank you for your letter dated 24 May 2006.

We attempted to contact you by phone to confirm exactly what information you are seeking. However, since we were unable to reach you, we have enclosed copies of your statement information dating back to March 2003. If there have been any transactions on your account as a result of manual intervention, they will be included on the enclosed statement information.

 

On this occasion we have provided this information to you free of charge.

 

Should this information not be sufficient, and you wish to make a full data subject access request under the Data Protection Act 1998, please complete and return the attached form.

 

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).

 

Should you have any further queries please call my colleague, Gareth Tunnicliffe, Customer Advocate, direct on 01244 672628 between 8am and 5pm, Monday to Friday.

 

Yours sincerely

 

pp Susan Pemberton

Customer Advocate Office.

 

A couple of points to note from this:

 

Statement information dating back to march 2003- I assume this is when they took over the card and they don't hold information before this time, however, I am going to get this confirmed in writing by MBNA. Also, statement information is only a list of charges when i requested all transactional data. I would like to know the total interest charges as I know I have paid a lot of interest purely as a result of the charges. Total charges are £900.

Information free of charge, request for £10 fee for further information- I already sent them £!0 postal order with original request!

 

Any thoughts appreciated, will be preparing my response!

 

Paul

[saddler10]

Have replied to MBNA, stating that a list of charges will not suffice, and I expect to receive any other transactional data within the 40 day period, which expires this week.

 

Paul

[spikeyboy]

Suggest you give them a ring - i had same issue as you wanting to know how much interest i had incured - was told they would work it out and send in post rather than waiting for my ID and sending statements out.

 

Number to ring is at the end of "this is war" thread.

 

I will be able to see if they are short changing me on the interest as Cap one did send full list of statements and i know the interest incured on that amount over 6 year (£890 fees) came to £450 (interest incured on CC soon mounts up - first month was only 12p - by the end each month was around £10 of interest).

 

The spread sheet in the template forum done by Vampire works very well for credit cards, just put in the amount of interest, date and the amount you owed on the card as a negative figure for each month)

[saddler10]

Thanks spikeyboy, may well do that, latest reply I've received says they'll send a full written response to my complaint within 28 days. 40 days has gone now, they obviously don't see their non-compliance as being very important.

[surreyscouse]

report them to the information commissioner then. Whilst you are at it you could already make a claim for breach of the DPA for damages (i.e. postage,phone calls etc) and distress because i reckon you must be really gutted that they haven't responded Let rip at 'em mate !

[saddler10]

Cheers surreyscouse. Just a thought , they received my original request and payment on 26/5, they sent statement information (list of charges, also stating that any manual intervention would be shown on there if it had occurred- there is no manual intervention.) They then asked for ID for further info. As they're entitled to ask for ID can they argue that the DPA request started on the date they received ID. I notice on wiganwarriors thread you advised to ask mbna to calculate interest on the charges, as this is all I need now maybe I should do the same.

 

cheers, Paul

[surreyscouse]

Hello Paul,

 

Did they send back your postal order ? Strictly speaking if they have sent it back then the 40 day rule does not apply. They tried using that (lie) in their defence against me but still settled for DPA breach so don't worry too much about that.

 

Anyway, on to the interest. I am of the mind that we should all be claiming this back. after all it wouldn't have been there in the first place if the charges hadn't been put onto the account. The only problem is that we can't work them out, this is where we actually need MBNA. Now you are in a similar position to Wigan Warrior because you haven't sent your first request. Personally, when you write to them I would say you want XXX amount in charges plus interest accumulated since the date of each charge. That then puts the onus upon them to work out the interest. Don't worry if they ignoe it as you can just "estimate" your interest if needs be at a later date if you have to issue a summons (you won't). then you could use some extortionate rate of interest which should kick 'em into gear.

 

All make sense ?

[barracad]

Strictly speaking if they have sent it back then the 40 day rule does not apply.

 

I disagree.

 

The 40 days counts from when they receive payment, not from when they cash it. If they decide to send it back that's their choice. They don't have to charge for a SAR - the £10 is a maximum amount, not a set amount.

[surreyscouse]

barracad, i don't disagree with you on this at all, but looking specifically at saddlers case they have sent back the £10 (as they have for most people). So whilst Saddler has sent the £10, mbna will argue that they have not been subject to SAR as the fee was refunded. i think this is what they are doing to get around the 40 day rule is just providing transactions as they don't have all the other details to hand, they are kept in the states.

[saddler10]

Thanks all for your input, just to clarify, they received my original request on 26/5 with payment included. My first communication from them dated 15/6, included 'statement information' which was a list of charges. The letter then states that this information has been provided free of charge, however, they did not return my postal order.

The letter goes on to say that if this information is not sufficient, and I wish to make a full data subject access request, to return attached form. They then ask that I ensure to include the fee of £10 and appropriate ID. I returned form and ID and of course pointed out that they have already received my payment.

After all this though, it does seem that I've almost got everything that I need. I've got my charges (£900.00 on statement information plus an additional £60.00 since I received the info.), I've got confirmation that no manual intervention occurred, all I need to know is the interest on the charges.

 

Paul

[surreyscouse]

thanks for the clarity. Ok to go to the information commissioner i think. won't affect your claim.

 

As a suggestion you could use the template for initerest in the library. a bit of effort is required but at least you will arrive at some sort of figure. You may even be surprised by mbna as a couple of people have tried to claim back say £500 and mbna have kindly pointed out that the correct figure is £550 and given them the higher amount so maybe using that template may be of some use to you.

[spikeyboy]

Ok here is my take on this matter of interest on Credit cards.

 

My first was with Cap One - they sent all my statements for the past 6 years - then i used the excel spread sheet in the template libary (vamp's one). On the right side you put the list of fees, date and amount, then on the left the date, amount of interest charged for that month and the card balance as a negative figure - the spread sheet then works out what interest was applied to the fees that had been taken to the date - it works very well.

 

Next i contacted MBNA - all i got back (eventually) was a list of fees and the date, knowing how much the interest can add up to i rang MBNA up , after a bit of twoing and frowing we came to the agreement that all i wanted to know was how much interest had been applied to the fees, MBNA said they would work it out and send to me, true to their word they had done this and my letter arrived this morning, listing all fees and the interest charged to the fees - looks about right comparing to what my Cap 1 interest worked out to be.

 

 

So if you want to know what interest you need to claim back, just give MBNA a ring and asked them to tell you

 

On Credit cards - trust me it is worth getting the interest - on my cap 1 card with £800 fees over 6 years the interest was £450 with MBNA interest on £900 f fees over 6 years is £350

[give_me_it_back]

Saddler - I got the same letter as you, and I too had sent them a letter specifically headed Suject Access Request AND enclosed the £10 fee! I too am going to write to them saying this is not good enough, and that they only have until 7th Aug to respond to my original request.

 

Have you heard back from them yet? It's interesting to me as you are just ahead of me with this little game they are playing...

[saddler10]

Saddler - I got the same letter as you, and I too had sent them a letter specifically headed Suject Access Request AND enclosed the £10 fee! I too am going to write to them saying this is not good enough, and that they only have until 7th Aug to respond to my original request.

 

Have you heard back from them yet? It's interesting to me as you are just ahead of me with this little game they are playing...

 

 

Just read you thread, and the letter you're about to send. I sent them a letter pointing out that they had already received my payment etc. They responded with a letter basically saying I would receive a full written response to my complaint within 28 days. The letter also suggests calling Gareth Tunnicliffe if I need to contact them in the meantime. Haven't got through to him yet, but will try again because I just need to know what interest I've paid on the charges then I can start my claim.

 

Paul

[give_me_it_back]

Hi Saddler

 

I don't think we should allow them another 28 days. Of course, as I made a mistake with my first letter, it means they will only have 5 days to respond to me before I start DPA non compliance action, but, hey - I figure that's their problem!

 

Have you got Gareth's phone number? I might also ring him in a couple of days...

 

Are you going to give them 28 more days? I think if we start playing to thei timescales, we're on a slippery slope...

[saddler10]

Hi Saddler

 

I don't think we should allow them another 28 days. Of course, as I made a mistake with my first letter, it means they will only have 5 days to respond to me before I start Data Protection Act non compliance action, but, hey - I figure that's their problem!

 

Have you got Gareth's phone number? I might also ring him in a couple of days...

 

Are you going to give them 28 more days? I think if we start playing to thei timescales, we're on a slippery slope...

 

 

No, certainly not giving them 28 days, as you say that would be a 'slippery slope'. I may have to consider the Information commissioner/ court action. But as I only need to know what interest I have been charged on the fees then some people have got that information simply by calling and asking for it. Gareth Tunnicliffe's number is 01244 672628.

 

Paul

[give_me_it_back]

Great! Good stuff.

 

Thanks for Gareth's number. I'll keep that safe...

 

They're going to have to send a Harley Davidson to get my statements to me in time!!

[saddler10]

Hi all, not been on the forums for a while, so am just updating on my claims. After expiry of 40 day deadline I decided to take the phone call route as some people have had some success that way with MBNA. Never actually got to speak to Gareth Tunnicliffe but had a few conversations with his colleague Yvonne (O'Sullivan, I think). Eventually, I did get the information I required, including the period that I queried (switch from A&L to MBNA) and the calculation of interest charged.

I am disappointed that I allowed this to drag but I am now at the preliminary request stage which expires in a few days. Will update soon.

 

Paul

[saddler10]

Hi all, a bit slow with this update but settled over a week ago, settlement letter received on the day I was due to start Moneyclaim. Another donation on the way shortly!

 

Paul

[give_me_it_back]

Well done! Yvonne is a nice lady. She sorted out my claim too.