AA99 v MBNA (Account 1)

[lexis200]

If you don't feel you can talk to them to get a name (and then tell them you're hanging up, obviously!), just make sure you're logging the number and the times of calling.

 

For the home phone, have you told them that whilst they're tying up the phone with their pointless drivel and distressing threats, you could be missing a life threatening phonecall regarding your son, therefore they need to remove the number immediately? If you've already written to them regarding this, do it again and re-iterate no phone calls for this reason, and the normal 'it's my right' stuff. State that you are more than willing to answer every query they pose in writing, therefore they have no need to phone. I had this in a letter from Gail Powell (a VP - probably one of many but it's still reasonably high up) - 'I note that you have requested that we only communicate with you in writing in the future. We should consider our obligation under the Banking Code guidance, which states that where a customer requests what we communicate with them in writing, we must do so, on the condition that they continue to work with us'. I would argue that whilst you're replying to letters etc, you are continuing to work with them - after all, as long as they are able to contact you and you are responding, what is honestly the difference between phone and letter, barring a longer timescale?

 

With your mobile, could you email them/write to them and tell them the number has changed/you no longer have have the mobile with immediate effect? This would work best if you could get hubbie (or a male friend, so the voice is definitely not you) to answer a few times with an appropriate 'get off my mobile number' tirade so they actually believe it's changed.

 

Might stop them for a minute...

Edited November 7, 2008 by lexis200

[AA99]

Thanks Lexis

 

Something else that's occurred to me while I'm waiting 12 more gorgeous days for the SAR for both me and OH to be received is what about the fact that they've put the £1 x 3 Postal Orders credited to my one statement. I actually endorsed them on the back with the fact that they were only to used for CCA's. No matter, no care, do we have to wait till we get in to court for the bell to ring with our UK statutory laws?? DING DONG:razz:

[AA99]

Acc.No.1

 

Letter received today from Martin Supple, Head of Customer Assistance, headed CREDITOR'S NOTICE giving me till 20 Nov to respond otherwise no choice but to consider further proceedings although they don't want to take further action, court, attachment of earnings (?), etc.........

[AA99]

16 October received 17th Oct 2008, letter from MBNA enclosing copies of CCA, no sigs anywhere

 

MBNA wrote on 10 Nov, received 13 Nov, with ref to a/cs no. 2&3 (OH's) Time is running out..... unless we call to make arrangements at least one of the a/c's will soon be written-off as a bad debt. blah blah blah

:-x

[AA99]

16 October received 17th Oct 2008, letter from MBNA enclosing copies of CCA, no sigs anywhere

 

MBNA wrote on 10 Nov, received 13 Nov, with ref to a/cs no. 2&3 (OH's) Time is running out..... unless we call to make arrangements at least one of the a/c's will soon be written-off as a bad debt. blah blah blah

:-x

[AA99]

Sorry, just to add, I wrote on 21 Sep regarding harassment and doorstep-calling, etc, and also added this paragraph:

 

We should like to take this opportunity to remind you that both our letters of 1st August and 8th September have been received by yourselves but no response has been received. We would very much like to arrange a payment plan that is affordable and endeavour to reduce our debt to you.

[AA99]

Sorry, just to add, I wrote on 21 Sep regarding harassment and doorstep-calling, etc, and also added this paragraph:

 

We should like to take this opportunity to remind you that both our letters of 1st August and 8th September have been received by yourselves but no response has been received. We would very much like to arrange a payment plan that is affordable and endeavour to reduce our debt to you.

[citizenB]

Acc.No.1

 

Letter received today from Martin Supple, Head of Customer Assistance, headed CREDITOR'S NOTICE giving me till 20 Nov to respond otherwise no choice but to consider further proceedings although they don't want to take further action, court, attachment of earnings (?), etc.........

 

This guy has been "considering" doing this to me for nearly 4 months now

 

You are still waiting for your SAR stuff arent you ?

[AA99]

Good humour CB, thanks for that! Yes, SAR date is next Friday, 21st..... so waiting patiently. I am as mad as hell though:-x

[AA99]

Postman's just been and GUESS WHAT??????????????? No SAR's

 

Where to next please guys? LBA's and FOS ???

 

[AA99]

Postman's just been and GUESS WHAT??????????????? No S.A.R - (Subject Access Request)'s

 

Where to next please guys? LBA's and FOS ???

 

[lexis200]

Hi AA

 

I had this with them, so in an 'I've just about had enough now' letter, I added this

 

I will also be contacting the Information Commissioners Office if my Subject Access Request (again, sent by 1st Class Recorded delivery, and confirmed delivered by Royal Mail) is not with me in full, including all documents requested, within one week of the date of this letter. This was due to reach me by the 27th October, so I feel I am being more than reasonable in giving you this extra time.

 

It arrived by Special Delivery the next day:D Strange thing was all the pages were dated the 2nd October, so they'd sorted it out almost as soon as they received the request, they just didn't send it.

 

It might be worth you doing this first rather than the hassle of a full blown complaint which'll take a load of your time?

 

I think the whole letter is on my thread (around the end of October) if you want to try this first and nick any bits that might be useful to you.

 

Lexis:)

[AA99]

Thanks Lexis, I tickled your scales, did u feel it LOL ?!

 

No time today but will have a weekend job............

[AA99]

This guy has been "considering" doing this to me for nearly 4 months now

 

You are still waiting for your S.A.R - (Subject Access Request) stuff arent you ?

 

 

Deadline was last Friday 21st and nothing yet:confused:

[AA99]

Saturday 22nd received another Important Default Notification for Acc.3

threatening write off account and be liable for the full balance or refer it to a DCA for collection at home or work for full balance. It is not too late...blah blah blah, from Paul Campbell, Head of Customer Assistance.

:-x:-x

[citizenB]

Deadline was last Friday 21st and nothing yet:confused:

 

 

If it were me, I would be getting the paperwork ready to send off to the Information Commissioner.

[AA99]

Thanks for that CB. I am feeling so weary with it all today. Is there a direct link for that please? I am also, due to our personal circumstances, thinking of just sending them an LBA and letting the FOS know

 

Lexis, I'm running out of steam

[citizenB]

Here is the link for the Information Commissioners Office, the complaints section is to the right of the page.

 

Complaints - Privacy & electronic communication - Information Commissioners Office

 

You can send them an LBA, however if you go directly to court then you wont be able to then make a complaint to the FOS or Information Commissioners Office. I dont think the FOS deals with complaints regarding the Data Protection Act. Just the Information Commissioners Office.

 

Just thinking aloud here, you could send the LBA, advising that you will go the ICO route first

[AA99]

 
Just thinking aloud here, you could send the LBA, advising that you will go the Information Commissioners Office route first 

 

Yes, thanks very much CB, I think I will do that. Don't feel like beating round the bush with this lot.

[Darset]

If it were me, I would be getting the paperwork ready to send off to the Information Commissioner.

 

According to their office (I phoned them a few days ago) non-compliance with CCA requests is nothing to do with them but is a matter for the OFT. I then rang Consumer Direct (OFT doesn't deal direct with the public, apparently) who were charmingly clueless but took details and duly had a local Trading Standards officer call back. I wasn't actually enquiring about non-supply but about what seemed to be wrong supply, namely unsigned copies of current T&Cs. He confirmed initially that a "true copy" could be supplied instead of an exact copy of the original, and gave an 1882 court reference to what a "true copy" could be, namely something which had to be so close to the original that no one reading it could possibly misunderstand it or be misled by it [as to what was claimed to be the case].

 

When I mentioned "credit card" in passing he then said that different requirements applied to C/Cs - which, as rolling agreements, is true and duly allowed for in the Act - and seemed to suggest that because something had indeed initially been agreed and which allowed for changes - again, true - that supplying later T&Cs was sufficient, something I don't actually accept, at least not in the simple view of C/C companies and, apparently, this TS officer.

 

That aside, it does seem to be the OFT/Trading Standards' responsibility.

[AA99]

I've heard that before Darset! That is why I have chosen to directly LBA them. They have just phoned me (recorded), didn't verify me security-wise, but again if they can assume they are talking to AA99, they can proceed without verification. She basically said they are not going to accept my offer each month so I told her to take me to court and they can have £1 p.m. She said they don't take people to court, they hand it over! I said fine, do what you want

[lexis200]

At least you had it recorded AA! I'm sorry you're having such a rough time with them - but I'm also slightly relieved I'm not the only one!

 

I can't believe it is really worth even the money spent on postage by them, just to keep saying no to legitimate offers of payment. Surely something is better than nothing, and in our case, is certainly better than the courts would give them (we are offering more than we should simply to try and reduce the balance - if we went to court they'd be getting a quid). This doesn't seem to compute with them though does it?

 

I hope they give you a bit of peace if/when you start action against them. There's better things to spend your time on than corresponding in any way with this charming bunch.

 

Take care

 

Lexis:)

[Darset]

What's an LBA?

[lexis200]

Letter Before Action:)

[steven4064]

So is this the LBA for a case under ss7, 13, 14 of the DPA 1998?