Advice on SAR/CCA responses from A&L

Katat

I got my A&L credit card in 1994. In 2003 it was transferred to MBNA
A few weeks after the transfer they applied PPI to my account. They say I telephoned to ask for it but I know I didn't as I am self employed and a few years before I made a claim on my PPI on a loan I had with them as I was made redundant. They refused on the grounds that I was choosing to go self employed rather than unemployed.
Stupidly I did not even know I was paying PPI on my credit card until June 2007 and as soon as I realised I phoned and cancelled it. On advice from a debt advice counsellor I wrote in 2008 to claim it back.
A&L basically told me to bog off.
Then I found this site and decided to follow it up.

Having previously requested a CCA in Nov 08 I had to send several reminders before I was told in Feb 2009 that they could not retrieve my CCA nor did they have any recording or transcript of my phone call requesting PPI but I should bog off again.

I then sent the SAR letter (with a £10 postal order) from this site and today received the following reply:

Dear XXXX

Account no XXXX

Thank you for contacting us. Your Subject Access Request has been passed to me to respond to.

Under section 7 of the Data Protection Act 1998 as per your request for statement information, please fine this information enclosed.
In accordance with the Consumer Credit Act of 1974 we enclose a copy of your credit card agreement, including applicable terms & conditions, and a statement of account. We are sorry that we have not been able to send you a photocopy of the originals but hope that you will find these copies clear to read and sufficient for your purposes. It may be helpful to explain that we are not required to serve a copy of the credit agreement which includes signatures - as the law expressly permits lenders to omit sinatures from copies of all credit agreements.

We have provided this information to you free of charge on this occasion.

Yours sincerely,

XXXX
Assistant Vice President

MY NOTES

1. This is not a copy of my credit card agreement - it is 4 pages of terms and conditions. There is nothing with my name or account number on any of the 4 pages.

2. The ‘agreement’ they sent is not a copy of the original. My CC was taken out in 1994 and the lender was Alliance & Leicester. It was in 2003 that MBNA took over the A&L accounts. On the docs sent to me today it says the lender is MBNA Europe.

Section 3 of the docs where they have penalty charges states penalties of £12 which was introduced reatively recently and it was certainly a lot more than that in 1994.

3. Apart from pages listing transactions from March 2003 (when MBNA took over the account) up to today and the 4 pages of terms & conditions there are no other docs. Nothing at all from 1994 to 2003, no lists of calls or conversations, nothing regarding PPI agreements they claim I asked for in May 2003 on the phone and nothing whatsoever regarding the dispute I have been having with them since November 2008. No copies or references to any letters or communications with them from 1994 to date. No explanations for anything as requested in my SAR letter.

Can anyone advise me as to whether these docs meet the legal requirement as a response to a CCA and SAR and what if anything I should do next?

Many thanks!
K

di3004

Katat wrote: »

I got my A&L credit card in 1994. In 2003 it was transferred to MBNA
A few weeks after the transfer they applied PPI to my account. They say I telephoned to ask for it but I know I didn't as I am self employed and a few years before I made a claim on my PPI on a loan I had with them as I was made redundant. They refused on the grounds that I was choosing to go self employed rather than unemployed.
Stupidly I did not even know I was paying PPI on my credit card until June 2007 and as soon as I realised I phoned and cancelled it. On advice from a debt advice counsellor I wrote in 2008 to claim it back.
A&L basically told me to bog off.
Then I found this site and decided to follow it up.

Having previously requested a CCA in Nov 08 I had to send several reminders before I was told in Feb 2009 that they could not retrieve my CCA nor did they have any recording or transcript of my phone call requesting PPI but I should bog off again.

I then sent the SAR letter (with a £10 postal order) from this site and today received the following reply:

Dear XXXX

Account no XXXX

Thank you for contacting us. Your Subject Access Request has been passed to me to respond to.

Under section 7 of the Data Protection Act 1998 as per your request for statement information, please fine this information enclosed.
In accordance with the Consumer Credit Act of 1974 we enclose a copy of your credit card agreement, including applicable terms & conditions, and a statement of account. We are sorry that we have not been able to send you a photocopy of the originals but hope that you will find these copies clear to read and sufficient for your purposes. It may be helpful to explain that we are not required to serve a copy of the credit agreement which includes signatures - as the law expressly permits lenders to omit sinatures from copies of all credit agreements.

We have provided this information to you free of charge on this occasion.

Yours sincerely,

XXXX
Assistant Vice President

MY NOTES

1. This is not a copy of my credit card agreement - it is 4 pages of terms and conditions. There is nothing with my name or account number on any of the 4 pages.

2. The ‘agreement’ they sent is not a copy of the original. My CC was taken out in 1994 and the lender was Alliance & Leicester. It was in 2003 that MBNA took over the A&L accounts. On the docs sent to me today it says the lender is MBNA Europe.

Section 3 of the docs where they have penalty charges states penalties of £12 which was introduced reatively recently and it was certainly a lot more than that in 1994.

3. Apart from pages listing transactions from March 2003 (when MBNA took over the account) up to today and the 4 pages of terms & conditions there are no other docs. Nothing at all from 1994 to 2003, no lists of calls or conversations, nothing regarding PPI agreements they claim I asked for in May 2003 on the phone and nothing whatsoever regarding the dispute I have been having with them since November 2008. No copies or references to any letters or communications with them from 1994 to date. No explanations for anything as requested in my SAR letter.

Can anyone advise me as to whether these docs meet the legal requirement as a response to a CCA and SAR and what if anything I should do next?

Many thanks!
K

Hi hun

Well you defo have a good case here and they should have actually provided you with everything they have on you going back 6 years.

Ring the information commissioners office as well, I'm sure they will have something about this.;)

Look forward to hearing what they have to say about this.:A

Di
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oscar52

MBNA dont have your CC agreement (as it was never forwarded from A&L - if they had it in the first place)

Without an agreement, the debt is unenforceable - there is a mass of knowledge on the DFW board.

PS - Know you have omitted the managers name on the letter - initials arnt GP are they (just that I work in MBNA and am curious)

Katat

Thanks for the replies folks!

Oscar,
Thanks for your reply. Please forgive my ignorance but what is the DFW board? Also with reference to the initials of the manager - not GP but RC.

Di - thank you for your continued help and advice - invaluable!:A

di3004

Katat wrote: »

Thanks for the replies folks!

Oscar,
Thanks for your reply. Please forgive my ignorance but what is the DFW board? Also with reference to the initials of the manager - not GP but RC.

Di - thank you for your continued help and advice - invaluable!:A

Hi hun, with pleasure.:A

Think this is the link here for the DFW
http://forums.moneysavingexpert.com/forumdisplay.html?f=76

(debt free wannabe).:D

Di
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oscar52

Katat wrote: »

Thanks for the replies folks!

Oscar,
Thanks for your reply. Please forgive my ignorance but what is the DFW board? Also with reference to the initials of the manager - not GP but RC.

Di - thank you for your continued help and advice - invaluable!:A

Ah right - think I know who are RC is - sure they are not there at the moment.

Katat

I know who GP is though - she sent me the first bog off letter!
Tomorrow I will try and post the copy of the 'agreement' up here so hopefully somebody can tell me if it complies with the CCA requirement. I think it is just a copy of current T&C but it would be good to get an expert opinion before I write to them again.

Have a good evening all!

Kx

di3004

Katat wrote: »

I know who GP is though - she sent me the first bog off letter!
Tomorrow I will try and post the copy of the 'agreement' up here so hopefully somebody can tell me if it complies with the CCA requirement. I think it is just a copy of current T&C but it would be good to get an expert opinion before I write to them again.

Have a good evening all!

Kx

Hi hun
I'm keeping it all crossed for you, and look forward to hearing how you get on, good luck.:D
You too have a wonderful night.

Di
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