Cabot

[Seahorse]

OK, firstly you are correct. That application form is not an agreement, so you are bulletproof there. They agreed earlier that it was an application form, and are now attempting to rely on it as an agreement. No way can they enforce it using that piece of nonsense.

 

Secondly, and I'd love to see them try to squirm their way out of it in court, they have rather plainly stated that they have applied PENALTY INTEREST to your account. Really? What silly wee girl decided to give you that evidence against them? Oh, it was our pal, Jane Rodemark. Tut, tut, Jane. Haven't you learned ANYTHING from the Great Consumer Revolt? The whole reason for CAG initially was because penalties are unlawful. Oh, dear.

 

OK, thirdly. As they have responded to your s10 notice, you should now report them to the Information Commissioners Office. If that fails, send them a letter before action telling them you will be taking them to court (but only if you really are) to force them to cease processing your data. The Information Commissioners Office website has some really helpul leaflets to download off its website to help you with this.

 

I hope this gives you food for thought.

[Seahorse]

Do I see MBNA on the bottom of the form? Hmm. I wonder if the assignment was correct, as MBNA seem to think that they can assign debts under Irish law. Quite which law is not entirely clear.

[Seahorse]

I'd visit the ICO's website and download a complaint form. It's all rather self explanatory.

 

If you have a look at my s10 letter in this thread here...

 

http://www.consumeractiongroup.co.uk/forum/cabot/111898-me-been-cabooted-2.html#post1128561

 

You should get a fair idea of why they shouldn't be processing your data. Get a copy of the DPA so you know what I'm referring to in the parts that I've quoted.

[Seahorse]

Oh, good. Saves you having to ask for it. Let them try to resolve things within their own timescale, after which I suggest escalating the complaint to the Financial Ombudsman Service.

 

Another £400 hit for Cabot if they investigate.

[Seahorse]

OK, I'll adapt mine to suit your circumstances and add some extras in there. It will probably be tomorrow sometime before I get a chance to do it, but I'll pop it on here when I'm done.

 

But you need to be clear in your own mind for the reasons. And it basically boils down to the fact that, if there was NO agreement (and not just implied), then you never gave your consent to share data. MBNA might argue with some merit that they required to be able to process your data in order to administer your account. But without any consent from you, they had no business passing that data on. This is because in your case, there IS no agreement at all, rather than an agreement that doesn't quite conform. Therefore Cabot have no legitimate right to your account, and so cannot argue that they must process your data to administer your account.

 

Does that make sense?

[Seahorse]

Was it OK?