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Where do I go now?? SAR and LBA non-compliance


catherious
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Hi,

 

I have been pursuing MBNA since January with an initial SAR and subsequent LBA, which they have not complied with. I do have another thread running on this but my last post of 3 weeks ago received no further comment.

 

They (MBNA) sent a list of transactions on my account instead of the full SAR back in February, so I sent them an LBA, which they did not reply to. When I called them about another matter (lost late payment), this whole matter came up and the girl who helped me spoke with someone in the 'correct' department and told me they were very sorry and would be sending the full SAR and returning my £10 cheque, due to their general slackness.

 

I have received nothing form them and am now going through all the charges on my account before I send them my next approach. Can someone tell me a)what this next letter should be?, b)how I can calculate compounded interest on these charges?, and c)whether I should be applying to the County Court for full settlement now?

 

I am SO annoyed with these muppets now!! I was very relaxed about it since sending the LBA but their refusal to treat this as serious is now causing me stress and I just want to 'finish them off' and get this dealt with. I refuse to accept their 'fob-offs' any longer. I have only been letting this go on so long as I have had a family death and job loss to deal with this past month. I am now ready - and angry!!

 

I am, however, confused about the whole compounded interest thing, I found that the templates available do not help with this and REALLY hope some of you guys can help me here.

 

The templates that were previously pointed out to me only cover 8% interest, probably for bank charges, and I need to be sure I am calculating things correctly so they have no more reason for further delay.

 

I look forward to getting some sound advice. I will not be back online until tomorrow so any questions cannot be answered until then.

 

Keep fighting the good fight!!!

catherious

Keep fighting the good fight!!

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Catherious, If you really want to get the to fully comply with your SAR then fill in an N1 http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

Also report them to the Information Commissioner - you can do this via their website ICO – Information Commissioner's Office

The Info Commissioner can fine them plus force compliance plus if they really want to provide the data controller (the person who should have completed your SAR) with a nice custodial sentence.

  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks spartan, and thanks rory32 !!

 

I will download and check out the template excel file later when I have time to 'play' with it.

 

rory32, thanks for the links, but I am slightly confused about what to do with the N1 template info. Do I need to get a specific N1 form from the court, or do I simply complete a letter outlining my Particulars of Claim against MBNA?

 

Can I then lodge the claim with ANY County Court, or does it have to be the most local to my address?

 

Also, if I calculate the charges and compounded interest, should I send MBNA an estimate Request for Refund? If so, is there a template letter for this?

 

Sorry, but I am confused and stressed by all this (yet again!)

 

I will be back online later tonight to see if you have any further advice. I really appreciatre the feedback guys.

 

Many thanks!

catherious

Keep fighting the good fight!!

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Cath,

You need to get an N1 from the court. You can lodge the claim with (I think this is right - but I'm in Scotland so you may want someone from your neck of the woods to confirm this) any county court you wish - as you're the claimant.

You could send MBNA an estimated request for repayment and just adapt the letters in the templates library to suit. As they haven't supplied statements its really up to them to prove that this amount is incorrect.

Hope this helps......try to calm down, you'll get there eventually.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks rory32!!

 

I will get on the case for an N1 form this week.

 

By the way, the spreadsheet template link that was posted by spartan was for calculating bank interest only. Any advice on where I can find a suitable template to calculate credit card interest?

 

Thanks again!!

catherious

Keep fighting the good fight!!

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Hi guys,

 

I have done some calculations using the spreadsheet spartan sent.

 

- Many thanks spartan!

 

I have only included the charges information - date, type and amount - and not filled in the balance information or interest specifics.

 

Using the monthly interest rate I input at the setup, this has calculated things well for me and I see no problems with the total figures (over £2K). I want to now send off a Request for Refund to MBNA tomorrow. Will this suffice? Or do I NEED to include all balance and statement info (I don't think I have ALL of this!)

 

I received MBNA's second response to my SAR a couple of days ago - same list of transactions I was sent over a month ago, NOT a complete and satisfactory response AT ALL, non-compliance FOR SURE - but I am not too bothered by that as I already intended on getting the numbers 'crunched' and sending a refund request to them, inclusive of notification that I have sent an official complaint to the Info Commisioner prior to my lodging a claim with the courts. The Info Commisioner's letter will be sent at the same time.

 

I intend to outline they have 14 days to respond, an official complaint has been sent to the IC's office and the N1 forms are completed and will be given to the courts 14 days from the date of the letter - tomorrow.

 

Any advice or guidance on the next stage would be great guys. Slightly nervous about getting this bit right. And making them pay up!!

 

These guys have really got me wound up now. I started with my initial SAR in January, sent an LBA in mid-March after their first lame response, and they have taken this long to send an incomplete SAR response AGAIN - although they did return the £10 cheque (bless them). This is after being told over the phone 3 or 4 weeks ago that I would get a complete SAR compliance from them within the week.

 

No more Mr. Nice Guy!

 

Power to the people!!

catherious

Keep fighting the good fight!!

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Morning guys,

 

 

As I had no reply to the last post, I thought I wuld just update that I am sending MBNA my final LBA with a spreadsheet of my calculations and a Request for Refund. Today!

 

As previously mentioned, I have not included the statement balance or payments information in my spreadsheet. Nor have I included the amount of interest charged on each statement. Whether this is completely necessary or not, I was hoping someone could advise. Alas, it seems no.

 

I am, however, of the view that it is the argument that is stronger than the 'exact' figures involved and if need be we can dispute the 'exact' amount later - in court if need be!

 

I am also sending the formal complaint to the Info Commissioner's today and have highlighted this in my LBA to MBNA. I spoke with the Info Commissioner's office and they said that they are getting SO many complaints that they are now collected and forwarding on a monthly basis.

 

It would be great to hear some feedback on my decision to post all of this, particularly my spreadsheet without the balance and interest information.

 

Have a great day guys.

 

Keep fighting the good fight!!

catherious

Keep fighting the good fight!!

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