county court notice - Restons/mbna v me - help !

[potless1]

Re: county court notice - Restons/mbna v me - help !

Hi. the CPR request was sent to Reston's i was going to send this SAR to MBNA

[Amethyst]

Re: county court notice - Restons/mbna v me - help !

Ok needs a bit of amending then. Main thing is they do have 40 days to comply so you cant threaten court on 25th June.

This letters more of a reminder/chase up to a previously sent SAR. You need a more general one. Will get link for you.

Legal Beagles

that one, anything specific you want add to paragraph one.

[potless1]

Re: county court notice - Restons/mbna v me - help !

how about this:

Dear Sir/Madam

SAR (Subject Access Request)
FULL NAME : FULL ADDRESS : POSTCODE
Any past names/addresses
Account numbers (if you know them)
I formally request that you forward me a true record of any Data held by your organisation relating to myself for any and all accounts held currently or in the past with your company. This should include, but not be limited to all transaction lists, consumer credit agreements & all the following information
Details of the identity of any individuals or organizations who have provided you with my personal information together with copies of any letters of instruction provided by them, or any contracts entered into between yourselves and the third party, and the relevant dates to which those contracts related.
Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual , organization or third party.
Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.
Full copies of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial information, or which pertains to myself.
Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party.
Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorized officer of your company, confirming the dates and methods of destruction of this data.
Full hard copy print outs of any of my personal or financial information held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.
Your registration number with the Information Commissioners Office.
Your Consumer Credit License number.

This request should include any Data held for more than 6 years as under the Data Protection Act there is no time limit for information requested.
If you do not hold Data for a period longer than 6 years I also request confirmation of this in writing along with your methods used for disposal of such information to comply with the Data Protection Act stating the name and contact information of your registered Data Controller and Code Compliance Officer.
I enclose the statutory maximum fee of £10. You have 40 days from receipt of this request in which to return to me the information requested , securely and in legible condition.

Please note that the above address is the one registered with your organisation and which you have previously found to be acceptable.


Yours faithfully,


(signature)


(name)

[Curlyben]

Re: county court notice - Restons/mbna v me - help !

Ame, the SAR is for MBNA (2 accounts including this one) to get full disclosure on charges applied to the account which should be useful further down the line.
CPR is being sent to Restons for their own compliance and to see if they will actually supply the DN we have already seen.
As previously noted the POC is woeful, so the CPR is an exercise in protocol more than anything else.

[pt2537]

Re: county court notice - Restons/mbna v me - help !

Why SAR them?

Use CPR 31.14 for requests for any documents pleaded in their claim

if you need further info then the correct route is to file an application on N244 for further info pursuant to CPR 18

There is a pre drafted precedent on Law tel that could be used, dont waste time with the DPA as it only requires them to disclose the data NOT the document

[potless1]

Re: county court notice - Restons/mbna v me - help !

updated post is below !

[potless1]

Re: county court notice - Restons/mbna v me - help !

Hi all, got my replies back today from Reston's & MBNA !

Reston's first...

Request that i sent to reston's:
http://i282.photobucket.com/albums/k...14requesta.jpg
http://i282.photobucket.com/albums/k...14requestb.jpg

& the reply i recieved today from Reston's:
http://i282.photobucket.com/albums/k...stonsreply.jpg

this is the letter which was sent to me on may 18th by restons together with copies of the CCA (which is unreadable with the human eye) & the default notice that they also sent which as someone pointed out before has some blunders in which hopefully will help my cause:
http://i282.photobucket.com/albums/k...ter18thmay.jpg
http://i282.photobucket.com/albums/k...oy/ccacopy.jpg
http://i282.photobucket.com/albums/k...efaultcopy.jpg

----------------------------------------------------------------------------------------------------------------------
Now MBNA...

Request that i sent to MBNA:
http://i282.photobucket.com/albums/k...-boy/MBNAa.jpg
http://i282.photobucket.com/albums/k...-boy/MBNAb.jpg

& the reply i recieved today from MBNA along with my £10 postal order !
http://i282.photobucket.com/albums/k...bnareply-1.jpg

What should my next steps be ?

all advice needed & appreciated !

[potless1]

Re: county court notice - Restons/mbna v me - help !

replies sent to Reston's & MBNA, i will update you on the outcome !

[Curlyben]

Re: county court notice - Restons/mbna v me - help !

All in hand then.

I wonder if Restons will take there heads out of their collective neither regions long enough to draft a sensible response

[potless1]

Re: county court notice - Restons/mbna v me - help !

Hi all, i recieved a reply from MBNA today, these are the sheets they sent:

http://i282.photobucket.com/albums/k...oy/mbna1-2.jpg

http://i282.photobucket.com/albums/k...oy/mbna2-1.jpg

This is a copy of the CCA which is still the same as
the previous copy but it is still very difficult to read, i dont know if they are just trying to be difficult or there is something that they know is not right with it ?
http://i282.photobucket.com/albums/k...-boy/mbna3.jpg

& this is a copy of the most recent terms & conditions:

http://i282.photobucket.com/albums/k...-boy/mbna4.jpg

http://i282.photobucket.com/albums/k...-boy/mbna5.jpg

http://i282.photobucket.com/albums/k...-boy/mbna6.jpg

http://i282.photobucket.com/albums/k...-boy/mbna7.jpg

& this is a copy of my last statement:

http://i282.photobucket.com/albums/k...-boy/mbna8.jpg


any help will be appreciated !
thanks

[Curlyben]

Re: county court notice - Restons/mbna v me - help !

Potless, could you scan the Agreement at the highest setting you have and mail it over.

Ta much

[potless1]

Re: county court notice - Restons/mbna v me - help !

aknowledgement letter from court...

http://i282.photobucket.com/albums/k...boy/001-10.jpg

[Curlyben]

Re: county court notice - Restons/mbna v me - help !

Not quite the letter I was hoping for, but it's a start..

[Sapphire]

Re: county court notice - Restons/mbna v me - help !

Hi Conker and welcome to the site, please can you start a thread of your own in the Nationwide forum and I'll give Curly a nudge to pop along later to advise you further.

[conker]

Re: county court notice - Restons/mbna v me - help !

Hi Sapphire

Please excuse me but I am hopeless on these sort of sites,where do I find the "idiots guide" on how to start a thread etc?Have scooted around the site to no avail.

Thanks for making contact
Conker