I have written to MBNA about my two cards - one is MBNA and the other is Alliance and Leicester (owned by MBNA for some time)
My Subject Access Request was delivered by recorded post on 20/4/2009 and I received their response today (17/6/2009). I make that a total of 58 days, as opposed to the statutory 40 days. I submitted a complaint to the ICO on 11th June to highlight this breach.
In my original request I stated the following:
Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to Account Numbers 4129 xx xx 8059 and 4129 xx xx 1240. Please would you also advise me of the logic involved in any automated decisions taken by you about us pursuant to section 7(1) (d) of the Data Protection Act 1998.
In today's response they have provided:
MBNA:
A copy of the signed credit card agreement / copy of application - poor quality! (Signed 24/1/200 by me, stamped by them 2/2/2000)
A copy of the executed agreement together with current terms and conditions
Account transaction history
They also go on to note:
"We appreciate the copy of the original agreement is not very clear in parts but it is the best copy we can provide. For avoidance of any doubt, all of the necessary and prescribed terms are included in the credit agreement. In addition, you will find terms are also set out in the copy of the current credit agreement we are providing you with, and are sufficient for the purposes of the Consumer credit Act."
A&L:
A copy of the executed agreement together with current terms and conditions
Account transaction history
They go on to note:
"A copy of the signed credit card application form and agreement is not available due to archive retrieval issues. Should we hold any correspondence for the accounts(s), in accordance with section 7 of the Data Protection Act, this will be forwarded separately within the 40 day time period"
So, my understanding is as follows:
Alliance and Leicester is pretty cut and dried - no signed agreement = unenforceable!! Am I right?
If so, is there a proper form of words I should use to get this sorted out and avoid paying them any more money in the meantime?
MBNA - they seem a bit more confident that this one is enforceable, but one key issue is that over the years, they raised my limit a number of times without me requesting it, which I understand puts them on shaky ground, although they have not responded to this point from my original request (the same applies to A&L by the way!).
What are the key points I need to look for to crack this agreement and where should I look? I don't for instance see anything that specifies the amount of credit....... Has anyone taken MBNA on and won with an agreement from about the same period?
Does the fact that they have failed to comply with the 40 days mean anything like the 12 day limit if you put in a request under the CCA?
Your help would be greatly appreciated!
My Subject Access Request was delivered by recorded post on 20/4/2009 and I received their response today (17/6/2009). I make that a total of 58 days, as opposed to the statutory 40 days. I submitted a complaint to the ICO on 11th June to highlight this breach.
In my original request I stated the following:
Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to Account Numbers 4129 xx xx 8059 and 4129 xx xx 1240. Please would you also advise me of the logic involved in any automated decisions taken by you about us pursuant to section 7(1) (d) of the Data Protection Act 1998.
In today's response they have provided:
MBNA:
A copy of the signed credit card agreement / copy of application - poor quality! (Signed 24/1/200 by me, stamped by them 2/2/2000)
A copy of the executed agreement together with current terms and conditions
Account transaction history
They also go on to note:
"We appreciate the copy of the original agreement is not very clear in parts but it is the best copy we can provide. For avoidance of any doubt, all of the necessary and prescribed terms are included in the credit agreement. In addition, you will find terms are also set out in the copy of the current credit agreement we are providing you with, and are sufficient for the purposes of the Consumer credit Act."
A&L:
A copy of the executed agreement together with current terms and conditions
Account transaction history
They go on to note:
"A copy of the signed credit card application form and agreement is not available due to archive retrieval issues. Should we hold any correspondence for the accounts(s), in accordance with section 7 of the Data Protection Act, this will be forwarded separately within the 40 day time period"
So, my understanding is as follows:
Alliance and Leicester is pretty cut and dried - no signed agreement = unenforceable!! Am I right?
If so, is there a proper form of words I should use to get this sorted out and avoid paying them any more money in the meantime?
MBNA - they seem a bit more confident that this one is enforceable, but one key issue is that over the years, they raised my limit a number of times without me requesting it, which I understand puts them on shaky ground, although they have not responded to this point from my original request (the same applies to A&L by the way!).
What are the key points I need to look for to crack this agreement and where should I look? I don't for instance see anything that specifies the amount of credit....... Has anyone taken MBNA on and won with an agreement from about the same period?
Does the fact that they have failed to comply with the 40 days mean anything like the 12 day limit if you put in a request under the CCA?
Your help would be greatly appreciated!
Comment