Angry at MBNA

Furious with MBNA. I sent them an SAR along with £10 cheque on the 6th October. I've just phoned them and they said they were not sure what I was asking for and have destroyed the cheque. I told them in the letter I put data protection act 1998 subject access request and listed what I wanted. I turned round and said someone doesn't read letters properly. I think MBNA are mucking me about!! What do I do now as I need the information!? If they still muck me around, where do I go to make a complaint they are witholding information on an SAR!?

I had asked for documenation such as copy of original credit agreement, termination notice, default notice.

I'm wondering if they can't supply which is why they are being awkward.

Comments

  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    Well, I would ask them again, with a brand new cheque.

    You're not going to get the information from anyone else.
  • Well, I would ask them again, with a brand new cheque.

    You're not going to get the information from anyone else.

    So what happens if I ask them again and they still won't answer!?

    Whom do I go to to make a complain about not dealing with an SAR!?
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    They'll answer.

    Write a short clear letter. No rambling about what's fair and what's not, or individual bits and pieces. You just want all information.
  • They'll answer.

    Write a short clear letter. No rambling about what's fair and what's not, or individual bits and pieces. You just want all information.

    Thank you.
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    First Post First Anniversary Combo Breaker
    Hi ScaredWitless


    An organisation has 40 days to comply with a subject access request, if they fail to do so you can complain to the Information Commissioner's Officer (ICO) www.ico.org.uk. Give the confusion you may want to send the letter again, but you could refer to your original request on 6 October and count the 40 days from then.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • Hi ScaredWitless


    An organisation has 40 days to comply with a subject access request, if they fail to do so you can complain to the Information Commissioner's Officer (ICO) www.ico.org.uk. Give the confusion you may want to send the letter again, but you could refer to your original request on 6 October and count the 40 days from then.

    Susie
    @natdebtline

    Thank you.

    So what can the ICO actually do if they still don't comply!?
  • nic_c
    nic_c Posts: 2,928 Forumite
    Name Dropper First Post First Anniversary
    Furious with MBNA. I sent them an SAR along with £10 cheque on the 6th October. I've just phoned them and they said they were not sure what I was asking for and have destroyed the cheque. I told them in the letter I put data protection act 1998 subject access request and listed what I wanted. I turned round and said someone doesn't read letters properly. I think MBNA are mucking me about!! What do I do now as I need the information!? If they still muck me around, where do I go to make a complaint they are witholding information on an SAR!?

    I had asked for documenation such as copy of original credit agreement, termination notice, default notice.

    I'm wondering if they can't supply which is why they are being awkward.

    SAR is about the correspondence they have for you. You can request a copy of the Credit agreement and pay £1 for that. Items like defaults tend to be generated from templates, so not sure the SAR is best for that.
  • nic_c wrote: »
    SAR is about the correspondence they have for you. You can request a copy of the Credit agreement and pay £1 for that. Items like defaults tend to be generated from templates, so not sure the SAR is best for that.

    The document I am really keen for is the default notice, termination notice, and deed of assignment. I know under the pelias construction case lord denning said the debtor was entitled to see it.
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    First Post First Anniversary Combo Breaker
    Thank you.

    So what can the ICO actually do if they still don't comply!?


    Hi again Scared Witless


    The ICO is an independent organisation set up to uphold information rights. They suggest that if the information has not been provided within 40 days that you send a follow up letter. You will find a sample letter on their website here https://ico.org.uk/for-the-public/personal-information/.


    If MBNA still don't provide the information then you need to contact the ICO and explain the situation. Their role is to work with you to make sure that you can get what you're entitled to. They will be able to tell you what your next steps are.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
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