problem with MBNA amending my credit file

smulx

I sent them the standard clean up letter along with my BR cert and discharge cert and I didn't receive a reply. I emailed them about it and received a reply over 2 months later saying that they apologise about everything and they don't have a record of receiving it. They asked that I send it again or email it to them. I just emailed it to the email address they provided as this seemed like the easiest option and the delivery failed instantly.

I'm just wondering what people think I should do? Should I just post off the information again or forget it and take it up with the information commissioner? I'm not sure which would be quicker.

sizzler

Hi Did you send it recorded delivery?

smulx

Yup. The tracking number doesn't show it as being received though. Someone said previously that when an address takes in a lot of post, they don't bother updating the tracking information for it.

sizzler

Follow fermis info to complain to ICO

How to raise a complaint with the Information Commissioner

This has been produced after consultation with the Information Commissioners Office (ICO) and is what they require for you to raise a complaint. If you do not provide the information they need then the complaint WILL be returned to you as they cannot action it.

This guidance should only be used AFTER you have written proof that you have contacted the Creditor / DCA concerned, and you have waited MORE than 28 days from them receiving your request for them to comply AND you have a copy of your Credit Reference Files that are NO MORE than 90 days old, that shows they have FAILED to comply with your request.

Please note that written proof that you have asked a Credit Reference Agency to investigate an inaccuracy IS NOT accepted as proof that you have contacted the Creditor / DCA. This is why this forum advocates that you MUST address your initial complaint directly to the Creditor / DCA.

Process to be used for EACH individual Creditor / DCA:

You have an incorrect entry on your Credit Reference Files .


Step 1.

(Note: If you are checking/correcting your files after bankruptcy, then the letter referenced below is the letter in post #2 of this thread. If you have already sent this letter, allowed the creditor the time below to update the files, and on checking again they have failed to do this, then just go to Step 2.)

You must write to the Data Controller of the company concerned, (the relevant information can be found at the end of this post as to how to find the correct Data Controller).

You MUST send your letter by recorded delivery.

You must allow at least 28 days from receipt for a reply or for them to update the incorrect entry. The ICO also recommend that you allow a further 7 days to give the CRA systems to be updated.

Check your Credit Reference files again.

If the entries have been correctly updated there is no need for a complaint.

If the entries have NOT been corrected you then need to obtain an ICO Complaint form from the ICO (the links at the end of this post will tell you how to get them).

Step 2.

You must complete one form for EACH Creditor / DCA but this can complain about several aspects such as incorrect default date, not marked as settled, etc.

You MUST include the following as evidence:
- A copy of the relevant entry from the Credit Reference Files which MUST be no younger than 35 days after you sent to complaint letter to the Creditor / DCA.

- A copy of the ORIGINAL recorded delivery letter you have sent.

- Proof of delivery (Obtained from the Internet is acceptable).

- Copies of any Replies that you have received.

- The completed complaint form.
You must send this by recorded delivery.

The ICO will acknowledge receipt but this can take several weeks, as they are extremely busy.

The ICO will write back to you telling you how they have dealt with the matter (or may ask you for more information).

If they have found in your favour they will formally request the Creditor / DCA to amend the Credit Reference Files.

If they have found in favour of the Creditor / DCA they will write to you and explain why.

Step 3.

If they have found in your favour, you MUST check your Credit Reference Files after waiting a minimum of 6 weeks after you have been informed, and no later than 9 months.

If the creditor has amended the entry then the matter is closed.

If they have failed to amend the entry then raise a further compliant to the ICO informing them that the Credit / DCA has filed to follow their request and ICO will then serve an enforcement Notice and issue a fine if necessary (Please note that this step is extremely rare).


Links

Data Controllers Details

To the Data Controllers List:

Post #4 of this thread.

or if they are not listed you can find the details here:

http://www.ico.gov.uk/ESDWebPages/search.asp

If you are still not able to find the link please ask on the forum.

To ICO complaint forms.

In Word Format (Only use if you have scanned copies of all documentation):

http://www.ico.gov.uk/upload/documen...laint_form.doc

In PDF Format:

http://www.ico.gov.uk/upload/documen...aints_form.pdf


To the ICO site with further information:

http://www.ico.gov.uk/complaints/data_protection.aspx

Telephone Number for the ICO:

01625 54 57 45

fermi

Send it again via post again as a reminder. And via email if you can get it to work.

ALSO, if you can, raise a dispute on the entry via one of the credit reference agencies. That will go straight to MBNA via those systems, bypassing any post/email problems.

Give it a further 28 days for them to update, after which you can start off a complaint.

smulx

Thanks for the advice. Would it just cause complications if I resent it to MBNA and also made a complaint to the info commissioner at the same time? Just want to get it sorted ASAP as it's going to cause even more problems if I try renting a house.

fermi

The ICO says that you give the creditor at least one reminder and an additional 28 days after that to correct the files before you take it to them as a formal complaint.

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/credit_explained_leaflet_2005.pdf

"If you do not get a response, you should send the lender a follow-up letter."

Without having done that and waited to see if it was sorted as a result, the ICO may decide that you haven't taken 'reasonable' steps to resolve the matter before bringing it to them.

smulx

okay, thanks. I missed that bit.

creditcardshuffler

smulx wrote: »

Yup. The tracking number doesn't show it as being received though. Someone said previously that when an address takes in a lot of post, they don't bother updating the tracking information for it.

That information is incorrect, If the tracking number shows as not delivered then it was not delivered!! Royal mails new signed for/recorded delivery method is now electronic and automatically uploads the signature when it is received. Try the tracking number again and if it is still showing as undelivered them get on to Royal Mail and demand compensation and an explanation.

custardy

creditcardshuffler wrote: »

That information is incorrect, If the tracking number shows as not delivered then it was not delivered!! Royal mails new signed for/recorded delivery method is now electronic and automatically uploads the signature when it is received. Try the tracking number again and if it is still showing as undelivered them get on to Royal Mail and demand compensation and an explanation.

not quite.PDAs are not fully implemented yet

dvs

It took MBNA a year to update my credit files. I sent four requests in total. First was a letter following my automatic discharge (so I was still on Insolvency Register but showing as discharged). They wrote back asking for proof (all but two creditors updated without requiring further proof). I obtained and sent discharge certificate but no response. I sent another letter which they acknowledged, followed by a holding letter, followed by another letter some months later saying that I needed to send the certificate again as they had not received it (I sent all letters Recorded so I know they did receive it). My last letter was sent to them in the beginning of December 2010 which they have just acted upon. So far the Equifax site has been updated but Experian has not updated as yet (guess it should do in a few days when MBNA poll data to Experian).