MBNA response to SAR

FlySi

A little bit of advice would be useful here. I sent a SAR to MBNA in December and they wrote back asking for proof of identification. I enclosed a copy of my passport and some forms from the DVLA as proof. I also included (as I had in my previous letter) a list of all addresses at which I had resided in the last 26 years.

I noticed that the cheque was cashed on the 6th January and believed that everything was progressing. Today I received their response. They state that they are unable to comply as they are unable to locate my account. They've asked me to provide my current MBNA card/account number or, if I am unable to do that, let them have any other previous addresses. They've raised a cheque refunding the fee and sent back a copy of my SAR, a copy of my previous addresses, and my proof of identification.

Could anybody suggest what to do next? Given that I've complied with their request (before they even asked me to!), is this MBNA dragging their feet or incompetence?

misschicken

Probably a combination of the two. Do you have a current MBNA account with them? Or any previous account numbers? If so send that and everything else back to them including the £10 and tell them that as they have already had ample time to provide the information requested you will be reporting them to the ICO if they don't comply to your request within 7 days (or however many you want to give them). If your account with them is closed and has been for six years or more they can say they have no records anymore (even if they do still have them - and they probably will).

FlySi

Just as I thought. The account closed at the end of 03/start of 04 and the address on file was my current one (I've been here since 2000).

misschicken

If you've got the account number then send it - it's outside the 6 years but only by a bit. They claimed they only had records going back 6 years when I SAR'd them but magically found records going back to 1998 when they had to refund my PPI. If they're truly claiming they have no records and nor do you it will be hard to settle a valid PPI claim. If you have any statements at all showing PPI and a valid reason for a mis-sale I'd get the ball rolling and put in the complaint now.

Ramekin1975

Hiya, im having a bit of trouble with a SAR a few years ago i applied online for two contract mobile phones and mobile broadband dongle with 02, I run up big bills and there seemed no restrictions on the account and so i want all the info i can get. They have now passed the debt onto a Debt Collection agency and i been told as it is not classed as a CREDIT AGREEMENT its a SERVICE AGREEMENT i would have to file for a SAR for all the info i needed. As i hold 3 accounts and the fee is £10 would that be £10 each or £10 for the lot being the same company? Also where would i find a form for a SAR and would i send it to the original pursuer 02 or the people collecting the debt.? So sorry about this Paul

amersall

You send it to O2,put all account numbers on the SAR and enclose one £10.they should give you all info they hold on you,it does not cost £10 per account when it is with the same company.

https://forums.moneysavingexpert.com/discussion/1475553

FlySi

@Ramekin1975: Try not to hijack other people's threads. I know that your situation relates to a SAR but from the description you provided, it sounds like it warrants a thread of its own. There's also plenty of advice in the sticky on SARs.

UPDATE ON MY SAR:

Having thought about MBNAs response (and gotten worked up about it!) I emailed the CEO, Ian O'Doherty, to complain and point out the irony that they wanted my previous addresses but had sent them back to me. He kindly replied and forwarded the email on to a Vice President in charge of Customer Relations, PPI, Accounts, etc. etc.

They've confirmed that they can't find me on their systems and that the data may have been purged. I've since discovered, however, a raft of cheque books (from my bank) which show that I had two accounts with MBNA, and provide dates showing when they were cleared in full (2 cheques to the tune of £11000 approx.) I've informed MBNA of this (giving them cheque numbers, dates, amounts, etc.) and they maintain that they probably don't have the information anymore. Any advice on the next step to take? I'd have thought it was clear cut that that I had accounts with cheques totalling that much. Does anybody know how far back MBNA actually retain transactions/statements/records for?

misschicken

Impossible to tell. MBNA had records for me going back to 1998 but it doesn't mean they would have kept records for all their customers for that long. It also may be worth noting that my account with them was and still is active - not sure if that makes a difference in their record keeping.

Legally they have to keep records for six years minimum, but firms are actually encouraged NOT to keep records longer than necessary so if they have destroyed them they haven't done anything wrong. They should however have a record (in theory) of when and how the data was destroyed, if it was, so you could try asking for that if they still say they can't find anything. Saying your records MAY have been purged or they PROBABLY don't have information isn't acceptable.

In my case MBNA's response to my SAR was to provide records going back exactly 6 years in terms of statements/screen prints/correspondence etc and also a copy of my original application form, which was from 1998. They also provided the other things they're meant to supply such as an explanation of the abbreviated codes used on their records.

When my complaint was upheld I presumed they were only planning on refunding 6 year's worth of premiums as that was all they had on record according to their SAR response. I had another 2 year's worth of statements anyway so knew I would be able to get them to cough up more than the 6 years. It was only when they finally sent me a statement showing the breakdown of their offer that I realised they had transaction history going back to 1998 after all and all the premiums were on there, so they clearly had earlier transaction history they'd failed to send earlier.

MBNA actually sent considerably more records in response to my SAR than some other organisations - just not all of it. Whether that's because they thought they only had to provide 6 years worth, rather than everything, I don't know. What they did send clearly showed I'd had PPI and a substantial amount so they weren't trying to hide its existence. They also had no idea I still held records going back earlier so they could easily have tried to just refund the 6 years worth they'd sent me records for if they were trying to pull a fast one - but they refunded everything off their own back.

If you have a genuine reason to believe or evidence that MBNA are refusing to provide you with your records you can complain to the ICO.