also put in a claim for ppi on my credit card,i received a copy of my application form with the box being ticked even though i do not remember ticking it,the date on the form is 2000 yet today i got a reply back from mbna saying ppi was applied to my account in 2004,also that i ticked the box and signed to confirm ,where do i go from here as mbna are saying the case is now closed . on my paper application form the date is clearly 2000 as they have sent me a copy of it
mbna ppi claim
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Re: mbna ppi claim
Hi
Sorry for the delay in responding.
Maybe a Subject Access Request (SAR) would help, this is a request for all your data on the account, and hopefully they will still hold details of the account from when it was sold to you, even though they are supposed to keep data for at least the last 6 years, some hold them even longer.
To SAR there is a letter template below you can use, you enclose the one off payment of £10 cheque or postal order, and they have up to 40 calendar days to comply to the request.
YOUR ADDRESSBANKS NAME
YOUR POST TOWN
YOUR POSTCODE
BANKS ADDRESS
BANKS POSTCODE
DateAccount No: XXXXXXXX Sort Code: XX XX XX
Dear Sir/Madam
Please send me all data that your company holds relating to my entire account history. Please include details of all transactions, and a copy of the original contract by which this account is/was governed at the time it was opened including all amendments made to the contract terms since opening the account.
I would also like a schedule of all charges & interest applied to my account(s) including details of any instances that required manual intervention. If you are unable to provide this specific information, copy statements will suffice.
All data, including data held on a microfiche must be provided within a reasonable timescale, a maximum of 40 days.
In light of all the recent publicity regards the reclaiming of bank charges, some Banks appear to now only be providing a breakdown of charges in response to all and any Data requests. For the avoidance of doubt I do actually require all information held by yourselves.
It seems a lot of banks are also wrongly interpreting the Data Protection Act (DPA) 1998 as a requirement to only disclose six years worth of personal data, and this is also wholly wrong. The DPA clearly states that all information held must be disclosed and it has no correlation to the Limitation act 1980 at all. If you no longer hold data beyond 6 years however, I would like a signed declaration from your data controller and a copy of all documents pertaining to its proper disposal.
Whilst not exhaustive and for the avoidance of doubt I shall list what I require:
* Full copies of all contracts that exist between myself and your organisation; including copies of any documents you hold in support of same.
* Copies of all statements relating to the above accounts.
* Copies of all correspondence, including all letters, faxes, emails and memos sent and received between ourselves, and any other third party in relation to any of the above accounts.
* Copies of any telephone recordings and/or transcripts of these recordings as well as any logs or journals that relate to them.
* 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, organisation 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.
*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, reason for deletion, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
I enclose the maximum statutory fee of £10.
You have 40 days to comply with this request.
If you fail to comply fully I shall enter a formal complaint with the Information Commissioners Office which could result in a fine and prosecution.
Yours faithfully,
Your name
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Re: mbna ppi claim
In addition to my post, even if they have sent you a final decision, you can still try asking that they review your complaint, as you do not agree with the decision they made, and believe they have overlooked your complaint, because you have evidence that the PPI was applied to your account in year 2000, and not the year they have stated.
Ask that they get back to you by 14 days with a decision, if you hear nothing, or if they do not change the decision in your favour, then complain to the Financial ombudsman service (FOS).
Good luck.
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