Mbna Cca Now Asking For Payment- Advice Please

[lexis200]

Aegis are, from memory a company based in Mumbai. Soon after they got involved with OH for his MBNA account we started getting sales calls from the USA (as a side note, they really don't get it when you stay on the line to tell them to remove your number, they get very indignant that they are trying to give you a free holiday. Of course they are:rolleyes:).

 

Anyway, after a couple of letters to OH from Aegis, and calls from both them and other international companies, I wrote this to MBNA (highlighted parts are the relevant bits).

 

I have now received a letter from Aegis BPO Services Ltd stating MBNA has ‘instructed us to contact you urgently regarding the arrears on your account’. I would like to point out that as you know, I have been trying to contact you regarding my account (to date you have had 3 letters from me and have twice been told over the phone that I would like to arrange a repayment plan by letter), but to date my requests have been flatly ignored.

 

I must also point out that despite including in my 3 previous letters that I wish to be contacted by letter only, I have received more phone calls from your company. In addition to this, the lady who phoned on the 1st August (Sophia Jones) actually stated that there was no record of any letter to this effect. I am rather shocked that not one of my requests has even been logged on my file. I was also worried to see that this phone call was International, which raises the question of how my data is being protected if it is in another country which does not need to adhere to data laws that apply here? I also note that Aegis BPO are based in India. I find it extremely odd that since receiving the first phone call from overseas, I have now started receiving calls from other International companies trying to sell me their products. I would appreciate your considered comments as to why this should have occurred, as it seems rather too coincidental to me, and I am now very concerned about how my data is being processed and protected.

 

To clarify, I would like answers to the questions raised in both this and my previous letters (bulleted below for your convenience).

 

Please can you let me know:

 

That my offer of a reduced payment is being considered

The name of the gentleman who called me on the 17th July at 4.15pm

Why I have received more phone calls when I have stated in writing no less than 3 times that I do not wish to be contacted by phone

If my data is being processed overseas, and if so exactly what securities are in place to prevent any (more) problems arising from this

 

Now of course they completely ignored every single point in this letter, but I didn't hear a thing from Aegis again, which considering I didn't ever contact them, you can draw your own conclusions from!

 

India are, according to the ICO, not one of the countries that have to comply with data protection like we do. Of course that's fine if you live there, but if you are dealing with a company such as MBNA who are bound by UK data protection laws, then they need to make damn sure they don't pass it to someone who won't be so careful with it. I'd lay odds that that's why Aegis were swiftly removed from OH's account.

 

Might be worth a 'concerned about how you're protecting my data' letter to MBNA to see what the reaction is?

[Windywoo]

TY Lexis.

 

As a coincidence I've also had a few international calls recently, non of which I have answered by the way, so it looks like MBNA are the culprits!!

 

I will take your advice and send them a letter - they should not be allowed to get away with this!

[citizenB]

Nice one Lexis, not something I had given any thought to.

[lexis200]

I am occasionally some use here and there then:D

[Windywoo]

OK, sent the letter as recommended by Lexis, and today I got a letter from MBNA saying they are investigating my complaint.

 

Be interesting to read what they have to say!!

[Windywoo]

Reply from MBNA

 

" Dear Mrs WW

 

Thank you for your letter xxxxx

 

I am sorry to learn that you are unhappy with the administration of your account.

 

As your account remained in arrears, we utilised the service of the collection agents "Aegis" in the recovery of the outstanding amounts. This action was taken simply because we work in partnership with a number of other agencies to ensure that our customers are kept up to date with the status of their account. By employing the services of external agents we can ensure that the appropraite assistance is available for all customers whose accounts are in arrears or have balances in excess of the agreed credit limit.

 

The use of such agents is within our normal terms of business and is covered by our terms and conditions, hence there is no requirment to notify individual customers of this seperatley. We expect any third party agents acting on our behalf to offer our customers the same level of high service as we do.

 

Please be aware that Aegis are bound by the same data protection legislation as MBNA and therefore unable to pass any information or details to any other companies. Your security is always paramount and we are fully aware of our responsibilites.

 

I hope you will find mey response acceptable and I regret any inconvienience that this matter has caused you. We have noe exhausted our complaint process, therefore I must inform you that this is our final response on the matter. If you remain dissatisified with the response, you may refer your complaint to the FOS, within six months of the date of this final response.

 

Leaflet enclosed blah blah....."

 

What a complete and utter load of bowlarks - high level service, what a joke!!

[lexis200]

I'd get straight back to them WW and tell them, not ask this time, that Aegis are based in India and India absolutely does not have the same data restraints as we do in the UK. I would insist they remove your account from Aegis as passing your details to a company who is based in a country which does not follow our DP laws is equal to them ignoring those laws themselves, and you will be perfectly happy to inform the ICO of this.

 

This is from the ICO site

Q: What protects my personal information when it is being passed to overseas companies and call centres?

The Data Protection Act prohibits the transfer of personal information from the UK to other countries unless those countries can ensure the same level of protection. Organisations can also set up contracts with overseas organisations receiving personal information. This ensures that a higher standard of protection is in place than there might have been in the receiving country.

 

Organisations in the UK which have personal information processed on their behalf overseas are responsible for the security of your information. The UK organisation is required to make sure the company overseas complies fully with the UK Data Protection Act.

 

And this is a list of the countries that have good or adequate data controls - note India is nowhere to be seen!

Sending personal data outside the European Economic Area (Principle 8)

 

I've tried to find the bit on the site which specifically stated that India wasn't good enough but I can't for the life of me find it now - maybe an email to them might be handy for you?

 

Did you send the letter to A N Other MBNA pleb, or did you try a bit higher up? If not, it might be worth trying Gail Powell - she was the one who I wrote to and like I said, Aegis backed off very quickly. Seeing as they have a (fraudulent, but not that I want to argue about) 'enforceable' agreement for OH, there can not have been any other reason for them to have backed down on our one, so I really do think there is mileage in this form of attack.

 

Lexis x

[lexis200]

Reply from MBNA

 

" Dear Mrs WW

 

Thank you for your letter xxxxx

 

I am sorry to learn that you are unhappy with the administration of your account.

 

As your account remained in arrears, we utilised the service of the collection agents "Aegis" in the recovery of the outstanding amounts. This action was taken simply because we work in partnership with a number of other agencies to ensure that our customers are kept up to date with the status of their account. By employing the services of external agents we can ensure that the appropraite assistance is available for all customers whose accounts are in arrears or have balances in excess of the agreed credit limit.

 

The use of such agents is within our normal terms of business and is covered by our terms and conditions, hence there is no requirment to notify individual customers of this seperatley. We expect any third party agents acting on our behalf to offer our customers the same level of high service as we do.We 'expect'?? Surely that should be 'we make sure'?? I 'expect' a bank to behave in a trustworthy manner, but that doesn't make it so!

 

Please be aware that Aegis are bound by the same data protection legislation as MBNA and therefore unable to pass any information or details to any other companies. How are they bound? Where are they based? If it's not in one of the countries approved by the ICO then they need to prove to you that they have the same governing laws! Your security is always paramount and we are fully aware of our responsibilites.

 

I hope you will find mey response acceptable and I regret any inconvienience that this matter has caused you. We have noe exhausted our complaint process, therefore I must inform you that this is our final response on the matter.Ignore that, I never take the first 'this is our final response:) Just send it to a different person and keep going at them! If you remain dissatisified with the response, you may refer your complaint to the FOS, within six months of the date of this final response.

 

Leaflet enclosed blah blah....."

 

What a complete and utter load of bowlarks - high level service, what a joke!!

 

Lexis

[Windywoo]

TYVM Lexis,

 

The letter was signed by Gail Powell (Vice President:rolleyes:)!!

 

I think this needs a follow up letter, and maybe a complaint to the ICO and FOS. I haven't had any further correspondence from Aegis, but there's still one or two international phone calls!

[lexis200]

Hmm, yes, definitely give it another go. Bit of a bummer it's already been to the lovely incompetent GP, but maybe a slightly more forceful letter might give her the required kick up the jacksie!

[Windywoo]

Well, well, what do yer know - the international phone calls have stopped!

 

MBNA - you're as guilty as hell!!

[lexis200]

Funny that:rolleyes: Glad they've stopped though!

[Windywoo]

Apologies to everybody for resurrecting this old thread!

 

Having read back, it appears I made the last payment to this account in July 2007, so will be coming up to SB. However, because I was being harrassed by the likes of Restons, and DCR&I I made a F&F offer of 10% in December 2008, where I never received their acknowlegement, and have no proof that they ever received the letter!

 

Now, the default falls of my credit file in April 2014, so if by chance this ever rears it ugly head again, in theory it won't be SB until next December because by offering the F&F I acknowleged the debt - could I say it was made under duress. which it most certainly was?!