Hi Dawn2011 The next stage is that they will you which debt agencies they accept and the agencies will try to increase your amount. You can try telling them that you are paying as much as you can do and that if you were to pay any more it would put your other credit agreements at risk. Apart from that I would start by claiming bank charges. Start by doing an info access request - MBNA do provide details of some of the phonecalls that they have made but only a small fraction of the ones that they have done. Make a record of all of their phonecalls. When you get the records look at the phonecalls that they have made - you will probably find that they have been calling your former employers and "chatting" with ex colleagues even although they have marked your records "previous work phone number". Report what they have done to the information commissioners's office and you will get a ruling as to whether or not they have broken the data protection act. Once you have this is place it will be easier to start to try to get them to court for harassment and also breach of the data protection act. They do reduce the number of calls after you send in a claim to the court.

Thank for the info I am reading through it at the moment. Although I do have an agreement it was for a previous card which then became a MBNA card so I don't have any terms and conditions from MBNA so I am not sure what to do.

Hi I am making a reduced payment. MBNA agreed this in writing but their call are still calling regularly.

Hi I am due to go to court re harassment from Santander - they are claiming that the only reason that they have kept phoning, and also contacting former work places is because I have not been picking up the phone to them. I have done so but as I am not working at the moment, but looking for work, I cannot pay the amounts that they are asking for. Where does this stand legally.

If you can get that admission on record, we could help you. You need to install a call recorder and then call them again and see if they will say the same thing. Never, never, ever do business on the phone with these people without recording your calls. Now you know why. Hi I have copies of their phone records and my own phone records. I also have a letter from the Ombudsman saying that they have broken the data protection act by storing details of third parties and contacting them but I am still having problems with MBNA - I have to court very soon about this and would like some guidance as to what I should be doing. The records, provided by MBNA show almost 100 phone calls but that is only for a three month period - I can't get access to all their phone records despite doing a subject access request. I have complained about this and have to go to court about this to try to get the full records.

Hi I have now been to court. The Clydesdale bank sent a barrister who served me with papers asking for a stike out 15 mins before the trial. When I complained to the barrister about the late delivery of papers I was told that they had emailed me a copy of the paper (only my bank has never had my email address so this was not possible). I am going to scan in the documents and upload the barrister's defence so that anyone going to court knows in advance the cases that the barristers will use to stop the case from going ahead - it is pages long. As I pointed out to the Judge I needed more time to check the cases used by the barrister as I have no legal background so need the internet. This was not possible and the case was dismissed. The barrister's objection to the courtcase proceeding arrived at my house four days after the case and was post dated after the case - they will play nasty. Afterwards the Judge recomended that I complain to the Office of the Banking Ombudsman as many of my charges contravene the banking code and the Office of the Banking Ombudsman can offer compensation. I am in the process of pursuing this avenue but today received a letter from the CB demanding that all charges are paid immediately.

Hi I am going to court against the Clydesdale Bank later this month for bank charges which were added after I had notified the CB that I was not working and also provided them with confirmation from the CAB debt center that I was not working. However, they ignored my letter and kept adding charges. I am now also claiming charges back on the basis of them being unfair under the terms in consumer contracts regulations 1999 Reg 5 not 6. Like yourself I owed only 7 but now have a "debt" of over 1500. Can let you know how I get on at court and also what defense they offer if that would help you in any way to create your case,

Hi Where on the forums did you find the template - I couldn't see any in the normal letters section? Thanks

Hi Sorry to hear that you are getting harassed by MBNA. I too am being harassed by them and have appointed a solicitor to try to get them to behave. I'll post a copy of the letter on harassment online when my solicitor writes it so that at least it will not cost you anything to put in a claim for that. MBNA keep phone records. If you do a data request they will send you proof that they have called you and when they called you etc. Their records do not appear to include all of the calls that they have made but the number of calls that they make is so excessive that my solicitor has said that their records alone would prove harassment in the courts.

What good news! They are now charging £40 for a letter. I have sent them a letter reclaiming letter charges but will follow it up with a threat to go to court - which I am prepared to do.

Hi After going to the CAB and creating a budget, it was recommeded that I offer Barclaycard £5 per month. I made the offer and have made payments of £5. However, Barclaycard are demanding a minimum of £200 per month when I am not working, have defaulted me and passed my details to Mercers. Mercers are charging a much higher rate of interest than Barclaycard. As I do not have a contract with mercers do I need to pay their interest rates? Also, what can I do with Barclaycard as I have asked them for 6 months interest free and will pay them more than the minimum when I have it.

Hi I have an agreement with MBNA that they will accept a token payment of £7 per month for the next 6 months. However, despite them agreeing to accept this payment (in writing) and me always making that payment on time they have written to say that they will default me. Can they do this when we have a written agreement and I am keeping to my side of the baragain? What can I do about this? I have sent them a access request, recorded delivery, but they have ignored this.

I now made a data access request for this account but have not been able to get it. What I have had is a letter from MBNA saying that they have not gathered the information from the credit card but as a result of a phonecall made to them. Although this is not correct, even if there had been a call it would have been made by my friend and not me. MBNA have said that they have the right to collect any phone numbers used to make payments on this account under section 13a of the contract that I signed. I still have the original contract. 13a allows them to collect any details of any calls that I make but not which are made by any third parties and does not give them permission to call them. However, Section 13B states clearly that they will only keep my personal information for as long as is needed or as they are allowed to by law. I have received over 100 calls from them along with emails and letters etc. Am I best to take this through the small claims court claiming a similarity to the following cases: David Lloyd V Bank of Scotland David Lloyd V Halifax Alison Turner V Halifax Ferguson V British Gas Alternatively should I go through a mainstream court? Also, any idea how long it takes to get things through the courts?

Hi They tracked her via her bank cards - they are administered by the same company. In their letter they admit having contacted her via her phone - but she changed tel numbers after that date so it is not possible so it had to be via the cards. They asked her to get in touch with me and get me to contact them as I had missed a payment on my credit card. Another one pointed out that she had paid me £10 direct into my account and asked if she would be willing to pay more as there was money outstanding on the account. They also left several messages just saying that I should get in touch with them. I am not sure what is on the credit files so I have asked for them to provide me with info.

Hi Rebel Haven't claimed for penalty charges yet - have just sent them the first letter asking for a statement - they still have 4 weeks to reply in.