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Tools v MBNA ** SETTLED**

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  • Tools v MBNA ** SETTLED**

    Work in progress and not really getting anywhere fast

    Ok here is my tilt of the SAR I sent its a long one so bear with me .

    Sent 26th March 2007 , received by post 27th March 2007 and by compliance department 28th March 2007


    Data Protection Act 1998
    Subject Access Request

    Mr Tools
    xxxxxxxxx Avenue
    xxxxxxxxxxxxxx
    xxxxxxxxxxxxxx
    West Yorkshire
    POST CODE
    26th March 2007
    Telephone No. (you must think I`m daft )
    Email: jules@xxxxxxxxxxx.com
    R Vernon
    COMPLIANCE DEPARTMENT
    M B N A EUROPE BANK LTD
    STANSFIELD HOUSE
    CHESTER BUSINESS PARK
    CHESTER
    CHESHIRE
    CH4 9QQ

    Dear Sir/Madam,

    I am requesting details held by your organization and I would like to remind you have until last post on the 5th May 2007 to supply me with all the information I am requesting. The Information Commissioner has asked to be advised if I do not receive the data I have requested by this date. At this stage I ask that you treat this as a Data Protection Act 1998 Subject Access Request and not a complaint. I also believe you may have some records regarding an account I held with yourselves mistakenly issued on your part in the name of Mr. Julian xxx xxxxxx , but as you should be aware this was reported to yourselves and in either case the above address and same date of birth ( xx-xx-xxxx ) applied.

    I would be grateful if you would provide the following: -
    • Full copies of all contracts which you believe exist between myself and your organization, including copies of any documents you hold in support of same.
    • 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.

    Where reference to emails is given above, these emails should be taken from your email servers or backups / archives held in a magnetic or digital format. These emails may not be present on a users local system, and may require the assistance of your IT department / IT providers, who you should contact immediately for their provision.

    Please confirm whether you hold a physical file with details of my personal and / or financial information. If so, please provide details and dates of any instance when this file has left your control, to whom it has been communicated, the method of transportation / communication e.g. Royal Mail, courier, by hand, electronically. Please provide a full copy of this file Where my physical file has left your offices, please provide details of any precautions taken to ensure that my information has not been lost, stolen, misplaced or made available to anybody who does not have authorized access, including those who would use my information for the purposes of identity theft, or registered with any credit agencies. Please also confirm whether any of the documents held within the physical file are computer generated.

    Under S.40 of The Administration of Justice Act 1970, if you believe you have provided my information to any organization, agent, or individual who could, or may have used it for unlawful purposes, you should contact me immediately, and provide full details of their identification and address, together with full details of any instructions you have provided to them. If you have forwarded or communicated my personal or financial information to any person, company, or organization, please provide a copy of the authority, signed and dated by myself upon which you have relied prior to doing so. As requested above, you should provide copies on any such communications.

    Under the Data Protection Act 1984 / 1998, as a Data Controller, you are responsible for the complete retraction of all information provided to any third party, should I request you to do so, and have a duty to myself to ensure that any personal or financial information I have provided to you is kept securely, and is only communicated to those to whom I have given my express permission / authority.

    I enclose a cheque in the sum of £10 to cover your fee. If you are unable to deal with this request, you should immediately forward it to the person within your organization responsible for Data Protection.

    I will be filing in the Wakefield County Court on the morning of 7th May 2007 for Non Compliance and damages, if I do not receive the documentation requested by last post on the 5th May 2007 . A post marked envelope bearing the date of 5th May 2007 does not mean I have received the documentation, unless you have a signature as having received it on the 5th May 2007.

    For the purpose of your exercise I have enclosed a copy of my passport for identification purposes. I have been informed by the Courts I do not have provide identification at all.

    Might I remind you one County Court Judge is prepared to jail the Data Controller of the Royal Bank of Scotland for not providing information under the Subject Access Request and the stalling tactics used by the Data Controllers to buy time.

    Yours faithfully

    Mr Tools
    Last edited by Tools; 22nd March 2008, 23:56:PM.
    Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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  • #2
    SAR information received by me Royal Mail Special Delivery 10th May 2007

    Big A4 envelope crammed with Data but not everything

    Answers to a lot of my `added` request but not all and the sentence from R Vernon

    I am still awaiting a response from one of our business areas , if further information is received I will forward this on as a priority . Please accept my apologies for any inconvenience caused.
    As of today 27th May 2007 , no further Data has been received sooooooooooo......

    They are getting this

    LETTER BEFORE ACTION
    Section 7 Data Protection Act 1998

    FOR THE URGENT ATTENTION OF

    R VERNON

    You have so far failed to comply with my Data Protection Act Subject Access Request dated 26th March 2007 despite your guarantees that you would comply as required by law. As of 27th May 2007 I have not received complete data from yourselves . Despite your assurances to me that

    "I am still awaiting a response from one of the business areas , if further information is received I will forward this on as a priority ."

    To my knowledge the details of account transactions is incomplete , you have also not specified the length of time you hold data for and looking at the data you have not supplied me with account transactions spanning back as far as you hold data for .You have failed to address some of my points originally raised and I consider this to be contrary to your responsibilities under the Data Protection Act .

    As outlined in my previous letter the Information Commissioner has specifically asked to be advised upon non-compliance.

    A complaint will now been submitted to the Information Commissioner along with a copy of this letter and my original Subject Access Request.

    If you do not comply by last post on the 7th June 2007 I shall seek a Court order , within the Wakefield County Court , obliging you to do so together with damages at the discretion of the Court and without any further notice.

    May I also remind you that one of the County Court Judges is prepared to jail the Data Controller of the Royal Bank of Scotland for not providing information under the Subject Access Request and the continued delaying tactics employed by other organisations to deceive and buy time.

    Yours faithfully

    Mr Tools
    Last edited by Tools; 22nd March 2008, 23:57:PM.
    Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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    Comment


    • #3
      This SAR letter seems to be going from site to site!
      Mr. Vernon has indeed got his work cut out for him.
      Did you get a copy of your executed agreement Tools?

      Comment


      • #4
        Re: Tools v MBNA

        Sorry I haven`t updated this, it has been waaaaay too long since I posted.

        Yes Boxer, sort of, I got the application forms with most if not all the prescribed terms shown on them. As yet I have not looked into it that deeply.

        The following posts will tell the story so far.I will add as and when I get chance.
        Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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        Comment


        • #5
          Re: Tools v MBNA

          someones going to be busy
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: Tools v MBNA

            Forgot about updating this one.

            MBNA finally refunded ALL charges to the account and the balance now stands at £0.00...........result.

            Again......when I get chance I will add more details, which can hopefully be used by others
            Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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            Comment


            • #7
              Re: Tools v MBNA ** SETTLED**

              won't hold my breath
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #8
                Re: Tools v MBNA ** SETTLED**

                Well done Tools xx

                Comment


                • #9
                  Re: Tools v MBNA ** SETTLED**

                  Well done Stools!!!!!!!!!!!!!!!!

                  Comment


                  • #10
                    Re: Tools v MBNA ** SETTLED**

                    Hi Tools

                    A little nudge for you - cos you don't have anything else to do this weekend do you!?!

                    You mentioned on my thread and indeed further up your thread that you would post the outcomes of your MBNA fight.

                    Just a little reminder for you to do this please.:tung:

                    Many thanks.

                    Birdie
                    x

                    Comment


                    • #11
                      Re: Tools v MBNA ** SETTLED**

                      I'll bump it for you too also Tools LMFAO

                      Comment


                      • #12
                        Re: Tools v MBNA ** SETTLED**

                        Apologies, always seem to get sidetracked when attempting to do this. This and my Studio thread has keeps ending up the same as the signature I gave Tanz some time ago..................must get round to that.

                        OK so will make a start, next letter that was sent in the saga is as follows

                        Dear Mr Tools
                        Thank you for your letter dated 27th May 2007.

                        I have reviewed the information sent to you in Subject Access Request and can confirm that we have provided you with all your transactional information.

                        I can confirm that you hold three MBNA accounts. Your AOLBertelsmann Online credit card that wasopened in September 2003 and last used in April 2004. Your MBNA Platinum Plus credit card was opened in February 2004 and last used in June 2004 and your second Platinum Plus credit card was opened in November 2005 and last used by you in March 2007.

                        I can also confirm that you raised 11 points regarding your Subject Access Request and these 11 points were answered in the covering letter sent with your Subject Access Request

                        As stated in your letter I was also waiting a response from one of our business areas although they do not hold any further data so there is no further information to forward onto you.

                        Yours sincerely

                        R Vernon
                        Compliance Department
                        Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

                        IF WE HAVE HELPED YOU PLEASE CONSIDER UPGRADING TO VIP - click here

                        Comment


                        • #13
                          Re: Tools v MBNA ** SETTLED**

                          After finding out there was no more information to be sent I began to pick out all the charges and enter them onto a spreadsheet. The charges were as below

                          OVERLIMIT FEE £25.00 14/03/2006
                          OVERLIMIT FEE £25.00 13/04/2006
                          OVERLIMIT FEE £25.00 12/05/2006
                          OVERLIMIT FEE £25.00 14/06/2006
                          OVERLIMIT FEE £12.00 14/09/2006
                          OVERLIMIT FEE £12.00 13/10/2006
                          LATE FEE £12.00 06/11/2006
                          OVERLIMIT FEE £12.00 14/11/2006
                          LATE FEE £12.00 04/12/2006
                          OVERLIMIT FEE £12.00 12/12/2006
                          LATE FEE £12.00 03/02/2007
                          LATE FEE £12.00 05/03/2007
                          LATE FEE £12.00 05/08/2007
                          LATE FEE £12.00 04/09/2007
                          LATE FEE £12.00 03/10/2007

                          £232.00

                          Being unsure of Contractual Interest and not having the confidence to argue its merits in court, I only asked for statutory 8% interest.

                          It took some time to for me to carry on chasing this one as I was concentrating on my Yorkshire Bank claim (also lost the plot a bit around that time) so there is a substancial gap between letters.
                          Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

                          IF WE HAVE HELPED YOU PLEASE CONSIDER UPGRADING TO VIP - click here

                          Comment


                          • #14
                            Re: Tools v MBNA ** SETTLED**

                            After sending my prelim letter (cant post it up as I can't find it) asking for the charges to be refunded to my card account and numerous reminders that I had not made a payment( I wasn`t going to as the balance now only consisted of charges) I received a Default Notification on the account
                            Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

                            IF WE HAVE HELPED YOU PLEASE CONSIDER UPGRADING TO VIP - click here

                            Comment


                            • #15
                              Re: Tools v MBNA ** SETTLED**

                              I then received this letter in response to my Prelim letter.
                              Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

                              IF WE HAVE HELPED YOU PLEASE CONSIDER UPGRADING TO VIP - click here

                              Comment

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