Help MBNA/Virgin - CLOSED - Continues in AAD+

[Never-In-Doubt]

Re: Help MBNA/Virgin cc is this enforceable

I believe they can do what they like with the fee. Providing the sar request letter was formatted correctly it will be clear that the fee was not a payment or acknowledgement of the debt
However they can apply it to the balance if they so wish. It's an argument they would not win should they try and say it was a payment towards the debt.

Actually they can't. ICO stipulates that the SAR fee must NEVER be used for anything other than its intended purpose, ie provision of data under s.7 (DPA).

If they apply it to the debt and provide the data they're still in breach however them paying your debt is great. It does not create a new cause of action anyway - but they need telling to remove the fee from the debt just to make life easier all round.

[Undercover Elsa]

Re: Help MBNA/Virgin cc is this enforceable

Thread continued in AAD+ Secure Legal Section: http://forums.all-about-debt.co.uk/s...up-v-Daveyjj66

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