Harassment by MBNA

[fleeced_by_rbos]

I got this from Consumer Direct (trading standards) today.

 

"In reference to your enquiry, a debt collector would be able to speak to you once a day to discuss an outstanding debt. It is worth noting that they can call you however many times they wish, but once they have spoken to you, they should not call again until the next day. I should also point out that although a consumer can request that a company only correspond in writing, it would be the credit company's choice whether they accept this request."

 

Hmm that's strange, I'm sure the OFT debt collection guidelines state up to 3 times per day maximum. My bank, Co-op, even quoted that to me once.

 

Anyway, I've been thinking about all the naughty illegal, unlawful, OFT guideline ignoring things that MBNA allegedly get up to and it seems that more than ever we could do with a class action lawsuit against them. They don't seem to care about the law and the regulators need a good reason to go for them and have all eyes on them in order that they don't just sweep individual cases under the carpet. Look at what happened with the bank charges case, despite the current setback, it got into the news, was talked about in parliament, etc. We need a legal bashing against MBNA and have it visible for everyone to see. Since they are the worst offender in my experience, they should be the focus of attention, but it may well make the other scummy lenders think twice about their practices too.

 

FBR

[The abused]

Hi All

Interesting reading but I note they use the word "may" and not "will" I think therefore that the wording in itself is not illegal.

By the use of this wording it is I believe to cause as much distress and anxiety as possible. It makes you think how low people will stoop in order to make an income.

If the Titanic was sinking nowadays instead of women and children first it would be MP's and Banking executives.

[The abused]

Yes I get what you are saying. As it is a not a legal option they should not imply that they may proceed along that route. Very distessing bully boy tactics.

[fleeced_by_rbos]

I've kept all such letters from MBNA for referral to the OFT as it is they that are supposed to enforce the rules regarding improper debt collection activity.

[ChezzaX]

Im in the same boat though now I have an arrangement the calls from MBNA are monthly versus several times daily. Egg on the other hand even though my 3 mth reduced payment arrangement has finshed and I am paying the normal amount "on-time" because I dont have a direct debit in place they are still and ive been told will continue to call sevral times per day- I explained I cancelled my DDs to stop bank charges but apparently they dont care.

 

In answer to your question Yes if you are in "Hardship" you can claim back credit card and bank charges- you can do it youself or for a cut of the monies refunded to you there are several companies on the market who will do it for you- sadly its usually in the region of a 30% cut they look to get. But if your off work and have the tim do it yourself- The process is well documented on the net and check out the GMTV website as the economist who appears on the show leaves lots of budget saving tips on there including how to claim.

 

Chez

 

 

 

Hi Everyone

 

I thought i would post a comment here as i have been getting some severe telephone stalking by my creditors. I was made redundent 2 months ago and have now missed the first round of payments on all my creditors. I am currently trying to reclaim my PPI on all my debts as i took these ppi's out incase i ever lost my job through no fault of my own , ie redundency,sickness etc. To my suprise not one of my PPI Claims were any help as they did not cover voulentry/invoulentry redundency apparantly so i am trying to claim this back. Im not trying to renegade on the loans only the PPI on 4 cards and 2 Loans. I am also calculating charges i have received by Mbna over the past few years and this totals almost £600 i was getting a charge almost every month because the payment date did not match my paid salary date my own fault i suppose for scatty accountmanship. I have yet to start the claim with letters but have all the data i need for the charges, however i am wavering here, at the moment MBNA and Egg are calling me every day on average 4 times a day , the Egg autodialler is even calling me at night and tells me there is no one there but i need to call nxt day

 

I have explained i am unemployed and seeking work and have also contacted the cccs to try and help structure a payment plan ,This is the first time in 15 years i have been out of work, i am on Job seekers and get no other help for rent,council tax etc etc so my Giro is gone on rent before i even start

. Here is how my day went today lol

 

8:24 8 sep 09 - 8081013405 Caller: MBNA / AEGIS

9:41 8 sep 09 - 08453665601 Caller: Egg

10:38 8 sep 09 - 08453665601 caller : egg

11:26 8 sep 09 - 01513303890 caller Capital one

13:30 8 sep 09 8081013405 caller mbna/aegis

14:09 8 sep 09 08453665601 Caller Egg

17:37 8 sep 09 01513303890 caller capital one

17:45 8 sep 09 08453665601 caller egg

18:35 8 sep 09 8081013405 caller mbna/aegis

20:40 8 sep 09 08453665601 caller egg

 

This was a slow day for Mbna however as you can see Egg are keeping the faith , this is the first time i have defaulted on any payments with egg and they are Hounding me. So with all these calls and the pressure of me trying to find a new job i am close to my wits end. What i am wanting to know is , is there anything else i can do , do i have a leg to stand on for Harasment, i know im at fault for renegading but the relentless calls are now starting to take a toll on me , with whom do i complain about this and will anything really happen against these corporate giants , also can i claim back charges if i am also trying to claim back my ppi , my thinking is that any money i can get will reduce the payments and heck they will be getting the money any way to cover the missed payments etc.

 

Not really sure what to do , egg are also telling me the bailiffs are coming , but i know thats trash talk until they get a ccj or whatever they have to get so basically whats the limit on the amount of calls that then borders on the insane , was my example of a daily call log any use

 

Thanks and kind regards

 

G

[The abused]

Harassment will get bad from Egg as I beieve they are now owned by CITI. I suggest you look through the letter templates on this site. They ae easy enough to find. You should be able to claim back PPI and charges. Look to obtain a Subject Acess Request if you do not have all statements. I would then suggest politely requesting reimbursement of charges and PPI. If no joy with this then you need to send letter before action and stick to your guns.

 

You are not alone here there are many through no fault of their own are being shafted by banks and credit card companies, The government through their legislative bodies are of little help.

 

if you have just joined it is important that you read through the various templates and upto date claims as things change all the time.

Good like with your weork search

[ChezzaX]

How long did it take to recoup your personal account bank charges?

 

Chez

[The abused]

Not done bank account charges yet with Barclays. Halifax credit card took 4 months, CITI on going. Just started MBNA awaiting SAR as theycrucified me on charges abour 4 year ago.

[ChezzaX]

Cheers, Im about to start the process with the Halifax who have crippled me with charges over the last 18mths, many of them for being less than £10 past my overdraft often with the account being brought back in to the allowed overdraft within 24-48hrs:-(

[The abused]

Is it bank charges you are claiming for? Mine was for a credit card with halifax. Suggest request SAR. You will be surprised how much they have taken. Be courteous and repectful in your approach as after all you are dealing with people ( although that will not seem like that at times ).

 

I believe Halifax are owned by Bank of Scotland. That I suppose is not much use to you. If I can help I will

[ChezzaX]

Hi, Yes its bank charges I am looking to claim for ,Halifax charges £35per item plus an additional one off £28 for going over my agreed overdraft amount. I dont want to think of the amount I've been charged over the years for often just being a few pounds overdrawn, but I know its alot!

I have sent them a request for my last 6years of statements (which I believe is the No of years you can claim back for)along with a cheque for £10.

Yes I plan to be curteous after all they have the right to close my account resulting in me needing to pay off my overdraft which would leave me a bigger pickle. I have had the account for 30yrs and I dont have an alternative current account I could use so it doesnt serve to rude as they have the upper-hand.

Did you ask for ALL your charges to be refunded or a percentage?

Thanks for taking the trouble to reply btw!

 

Chez

[The abused]

Hi ChezzaX

I had refunde all charges that were greater than £12. Fees should not be financially punitive. Quite clearly these charges are and if it went to court they would have to justify them.

You will probably find that they charge you £35 per failed transaction plus the £28 each time you go over the agreed overdraft. You are then kept in a perpetual state of being overdrawn which in itself carries interest charges.

It is a very sorry state of affairs when banks treat loyal customers this way.

Suggest you try and open up an alternative account with another bank just in case they get nasty later down the line.

I would have asked for all statements that they have on my account and see how far they go back.

Just have to wait now for your SAR.

You should recieve these within the statutory 40 days. I take it that you requested these via proof of postage.

 

Regards

The Abused

[ChezzaX]

Sadly No I just sent a hand written letter requesting the last 6yrs to be supplied within the month (as I have been told you cant claim any further back than that)- wasnt aware re the SAR.

 

But thanks for the heads-up.

 

Chez

[Old Cogger]

O.H. keeps getting Money Alert - urgent contact us at ........., then again this week Money Alert - you have not paid promised payment, must be dreaming, if you get money alert message it is MBNA, also anybody had letter saying account may of been compromised by one of MBNA!s user companies, you can have 1 years membership of Credit expert for free, Ring Us on..... maybe another ploy for you to contact them????

[ChezzaX]

I just spoke with Egg AGAIN- when asked to confirm my contact numbers I refused and gave them my mail address- If you dont confirm they are left with no alternative but to remove the telephone No! the same is true for any credit card comp I would assume!

 

Chez

[raydetinu]

If they call your mobile; just add their number to your reject list and you dont even know they called as your phone does not ring but lets you know they called on the display.

[ChezzaX]

Sadly not an option on a blackberry!

[AA99]

If they call your mobile; just add their number to your reject list and you dont even know they called as your phone does not ring but lets you know they called on the display.

 

Where would a reject list be on a mobile?

[Sir Cumference]

Hi All

This is my first post so please be gentle with me....

Here is my story..

Just over a year ago, my firm stopped all bonuses, shift premiums and overtime. This action cost me nearly £1000 a month. I called MBNA and explained the situation. I was met with what I felt was outright hostility. I paid a reduced amount at the end of the month and then the calls started. First I had a call at home in the evening, I explained the situation again but the guy didn't speak English very well and didn't understand. The next day I was called twice. After that I posed as my son and said that I was not in, and I would get myself to call them back later. That was on the Friday. On the Monday the calls started at work. I took 3 calls and all three times said that I was not available to talk at this time. On Monday evening, when I arrived home, I had a postcard stating that someone would call at 19:00. This upset my wife as she thought that this meant that someone was coming to the house. The phone rang at exactly 19:00. I explained the situation again and closed the call. Tuesday I had 4 calls at work. I went to the girl on the switchboard and explained to her that I was being harassed, she agreed to filter the calls. In all I was called every day for weeks, I had threatening letters sent to my home and to my work. One caller who got through was told that I was working outside the UK and would not be home for 3 months. All this time I kept up a reduced payment each month. I then started to get call on my company mobile, these I found very difficult to filter as the number would often change. I had a call from an Indian, who when told that I was working away shouted down the phone " I WANT TO SPEAK XXXXXX XXXXXX NOW! HE THERE, HE THERE!". His bad English, not mine. After 6 months or so, I took a call from a chap while at work who was not Indian and therefore beat my adhoc filtering system. I again explained the situation and he said that taking a second mortgage might solve the issue! This I rejected. Suddenly all the calls and the postcards stopped. I had a letter from MBNA stating that they would settle for 30% of the debt and that no further action would be taken. I agreed to this and made them put in writing full details of the new agreement. Once I had received this I made the payment by cheque. I then had a letter stating that the debt was no longer in place and that an agreement of "part settlement" had been reached. I have heard nothing from them since. I believe that you have to be as hard faced as them and to hold your ground. Over the years I paid many times the debt in interest, to me this was a good result, but the stress was enormous!

[vint1954]

Just be aware, They can come back for the rest of the debt, if it is a partial settlement.

[Sir Cumference]

Hi,

I have a letter stating that MBNA will not persue the matter after the partial settlement had been made.

[vint1954]

Does it indicate that they will not sell the ballance on to a third party to persue.

[Sir Cumference]

The letter states that no further action will be taken to recover the unpaid portion of the debt.

[lambchop13]

Wow what a thread, and i thought i was the only one getting phone calls from these muppets..

sent a letter of harrassment last week and calls have stopped..

 

just a tip though when sending letters send them via "Special Delivery" this way a person signs for YOUR letter(and more chance of it being seen) not just a sack full of recorded ones

now i'm just waiting for the CCA to arrive then the fun begins

 

thanks for reading

[hillards]

...just a tip though when sending letters...

The only reason it's suggested that Recorded Delivery is used is so there is a trace on the letter. The DCA cannot claim they never had it once the Royal Mail system shows it was delivered. That's good enough for the courts, should a case get that far. Why spend more on SD?

 

Strange then, how a DCA can insist you've had a letter when they don't use Recorded...