Oh dear - have I made a mistake....?

[dizzy delilah]

...and is it too late to do anything about it? I sent my SAR to MBNA /Abbey Credit Card at the beginning of the month and the 40 days expire on the 14th May. I haven't heard anything from them yet, but having read some of the other threads, I didn't enclose any form of identification . Is it too late for me to send some by recorded delivery? Will my 40 days still run as planned? Or will I have to give them another 40 days? Would appreciate any advice please? Dizzy

[jowalshy]

You can send a gentle reminder to state that the deadline is up on 14.05.07 and enclose some form of ID with it. Also enclose a copy of your orginal SAR letter and state that the SAR runs from the date of that letter.

[dizzy delilah]

Oh that's great - thank you!!

[Sve]

Is it obligatory to send form of ID though or do you have to wait for them to ask? In the SAR letter is stated that they should contact you should they require any form of ID... Also - what form of ID do you people provide?

I'm asking because I'm about to send SAR to them next week and want to have everything prepared.

Thanks!

[jackster77]

Hi my sar request is due on the 14th may as well - thats my birthday too !! - would be nice if there was a goodwill gesture in there alongside my SAR

 

I also forgot to send in ID - so i'm going to do that now as advised above

looks like we are on the same schedule then

 

good luck with your claim

[dizzy delilah]

Sve - From what I've read on other threads, it seems acceptable to send either a copy of your driving licence, passport or even birth certicate. I'm going with the driving licence.While I don't think its obligatory to send ID, I think MBNA have been known to wait the 40 days and then write back saying they need ID in order to deal with the request (and then try to hold out for another 40!! ) Good Luck!

Jackster - Yes, will be interesting to see which one of us gets somewhere first. Keep in touch and let me know whats happening and I'll do the

same. Oh, and Happy Birthday for the 14th - I'm keeping my fingers crossed for your goodwill gesture!

[Guest ChloeJane]

Hi there,

 

Just thought I would clarify the Data protection act and the Subject Access Request.

 

A link to the act is here

 

Data Protection Act 1998

 

You do not have to send identification with your request.

 

The only requirements are:

 

That it is in writing

That you include the fee max (10.00)

 

It is up to the bank to then identify you as the data subject. They do not have to process your request if they cannot identify you as this.

 

If you get to the 40 day deadline, they are in breach, but rather cross over with paperwork and mail delays, I personally suggest wait till the 47th day and then send the non compliance letter.

 

Link below.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Once this is done you have then given them a total of 54 days to comply which is well over the time allowed and can file in court to have a judge order they comply.

 

So all is not lost - either way you WILL get your data!

 

IMPORTANT - Do not send identification with your request - what if it gets lost - someone then knows your identity with a document - it is also not required by law, unless they cannot identify you with the request made.

 

Hope this makes it clearer.

 

All the best with your claim.

 

CJ

[dizzy delilah]

Thanks for your advice CJ - I'm in 2 minds now. On one hand, I don't want to give them any opportunity to mess me about, but now I think about it, my other claim (with the Abbey) didn't ask for ID. I hadn't really thought about the safety issue of sending a copy of ID through the post either - I'm so caught up in this business of SAR's/ Non Compliance letters, etc, that I've lost all common sense! I'll sit tight for the next few days I think, wait and see if anything turns up (and prepare my non-compliance letter just in case!!) Thanks again for your help. Dizzy

[jackster77]

hi dizzy deliah

 

i phoned mbna today and they are claiming they have never received my original sar - even though it was sent by recorded delivery

 

I need to hoak out the receipt tonight - looks like I'll be reporting them for non compliance

 

I hope you have better luck with them than me

[dizzy delilah]

They're a naughty lot aren't they? I'm not sure what I'd do in that situation - although my 40 days are nearly up, so I could soon be joining you!!

I suppose that if your 40 days have expired, you could send them a non compliance letter, but if it were me, I would also enclose a copy of the original S.A.R - (Subject Access Request), a photocopy of the recorded delivery receipt and (if its possible to do it) a copy of the royal mail page showing what date is was received by MBNA - AND a copy of ID if you feel it necessary (although I'm now in two minds about that after what CJ said ). I don't really know what else to suggest to be honest - I would think though, that if you harass them enough, they'll know you mean business and hopefully send you what you want (eventually ) Dizzy

[jackster77]

hi there

 

I read the post about not sending a reminder or Id but it was already to late as I did send them a reminder and ID - thats when I found out that there were saying they had never claimed the original

 

I don't really know If you should send them a reminder and Id - there seems to be a bit of difference of opinion on this by MBNA posters - one thing for sure is that they will write back to you and say they havn't treated yourv request as a sar fill in the form send ID etc - we have another 40 days etc

 

suppose its your call on whether you want to send them the info before they ask for it

 

tlooks like we'll both be filing for non compliance on monday

[dizzy delilah]

Looks that way, doesn't it? Oh well, roll on Monday then!!

[jackster77]

Hi dizzy

 

any word from MBNA

 

I got a page full of charges going back from 2002 - 2005

received it on Saturday total charges = £1198

[dizzy delilah]

Hi Jackster, Good for you !! Did they say when the rest will follow? I, on the other hand, have not received a thing - no acknowledgement, no statements, not a bloomin' sausage !! In my fury, I have just sent them a strongly worded letter, by registered post of course, threatening complaints to ICO (for all the good that will do me) and court action as they are now well and truly in breach. I can't even add in an estimate of the charges I think they owe, because I have no idea what they may be . Any suggestions? :? Oh, and did you ever ask for a copy of your credit agreement? I haven't as yet, but I might do now. If you did , did you receive it? Nice to know that a least one of us is getting somewhere though - keep up the good work! Dizzy:)

[dizzy delilah]

After ranting like a loony yesterday, MBNA have kindly sent me a list of charges from 2001-2006 with charges of just under £1000 - and a few pages of transactions from various months in 2001. Presume they will send the rest in due course?? Strangely, when my hubby rang MBNA yesterday they were very polite and helpful, gave us our claim reference number and apologised for the unacceptable delay!! They did also add though that they are snowed under with information requests and complaints !! All together now....Aaaaah! Did you get lists of transactions too, Jackster?

[dizzy delilah]

Have now sent off my prelim to MBNA (by registered post of course). Letter was received yesterday by them, am just waiting now to see what they say. If I get to claim interest as well, it will be at 24.9% - which will be nearly an extra £700!:grin:

[glav]

Dizzy

 

Did you send off schedule of charges claiming interest along with your prelim letter? Follow the tried and tested porcedures on this site and you will win!! Good Luck!!

 

glav:)

[dizzy delilah]

No I didn't. The way I understood it was that I send the schedule listing just the charges first with my prelim letter -which is what I've done. I'm just waiting for my 'go and get stuffed letter' before I send my LBA (again with the same schedule). I'm just trying to get a little ahead of myself and get the schedule with interest ready in case MBNA aren't very friendly and I end up going to court. I didn't realise how much of a difference it would make to my claim until now. I did add in my prelim that the total I was claiming at that point did not include the interest they were charging me at 24.9% though! I just wanted them to know that I was aware of what they were charging me really. Thanks for you advice and support Glav - I'm constantly trawling through this site, but am beginning to feel like I have brain overload!! :grin:

[glav]

Dizzy

 

If you want to claim compound contractual interest at 24.9%, you have to include this from the beginning of your claim. As you have already completed spreadsheets including this rate of interest, you will see that it makes a substantial difference to your claim. I would consider, for the sake of a few days, restarting your claim. Send prelim letter again, with schedule of charges and 24.9% interest added. We have just been successful with MBNA, charges amounted to £1500, interest at over £2k, and full settlement without going to court. Hope this helps.

 

 

glav:)

[dizzy delilah]

Oh pants! I just thought I would be claiming back the interest they were charging me 'as standard' - until last week I thought the APR was about 18.9% - it was only that I got my husband to ring them after reading about the higher interest rate on a couple of other peoples threads, that I found out that's what we were being charged anyway. Should I enclose a letter asking them to disregard the first claim? Or do I just send the second? Won't they think I'm a bit of a divvy?

[glav]

Dizzy

 

You could start your new prelim letter simply stating that "this preliminary request for repayment of unlawful charges supersedes my initial letter dated XXX"

 

You don't owe them any explanations

 

Good Luck

 

glav:)

[dizzy delilah]

Thanks for that Glav, I'll get it done right now.

[jackster77]

hi dizzy hows it goin with your claim - I only got a list of charges

then I sent a prelim and a cca request and received another copy of the same charges!! then I received a list of tranactions then they sent me another copy of the same charges!!! LOL don't know what they are at at all - I then got a goodwill offer of £500 and a snotty letter saying they cudn't amend my credit file as the info was factually correct - erm they owe me £1300 without interest added I owe them £700 - that to me is factually incorrect !!! anyway sorry for highjacking

keep going we'll all get there in the end - even lookin at glavs case gives me great reassurance!!

[dizzy delilah]

Hi Jackster, My original prelim was received by them on the 7th June. Thing is, I messed up and only requested refund of charges (got confused with compounded contractual / contractual interest) and thought I didn't request that until court. Thanks to Glav I sent a new prelim with 24.9% added on, so my request is now about £1500, but haven't heard anything yet . Fingers crossed, they'll do the decent thing and pay up for both of us...soon!! Oh and feel free to hijack when you like - its nice to now how things are going for you!!

[dizzy delilah]

LBA going off today, as still haven't heard from them about claim - I've not even had a letter of acknowledgement .

 

Abbey / MBNA must have a 'rudeness' policy in place, because both my claims (bank and credit card) haven't even warranted a 'sod off' letter as yet.

 

Either that, or they're busy writing my cheques.......