Harassment by MBNA

[steven4064]

Viscount Stair

 

THat could be extremely useful - THanks for bringing it to our attention

 

Are you an MBNA harassee?

[AA99]

Re: Harassment by MBNA

Viscount Stair

 

THat could be extremely useful - THanks for bringing it to our attention

 

Are you an MBNA harassee?

 

Steven, befriend the man!

 

Let's get the claim under way.

 

Ready when you are !

[Viscount Stair]

I initially advised MBNA back in September 2008 that I would only correspond in writing but the phone calls continue. I have an electronic fax provider so I simply fax them to advise how many calls have been received on that day and reiterate my request not to call me. Falls on deaf ears. Yesterday after receiving seven calls I faxed to advise that I had lost patience with them and that if after 24 hours from receipt of my fax I would report them to British Telecom who provide my line. To my mind and I have yet to investigate this further these calls constitute a nuisance which I am sure is contrary to the Telecommunications Act.

Communications Act 2003 - Section 127

 

Improper use of public electronic communications network

 

(1) A person is guilty of an offence if he—

 

(a) sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or

 

(b) causes any such message or matter to be so sent.

 

(2) A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he—

(a) sends by means of a public electronic communications network, a message that he knows to be false,

(b) causes such a message to be sent; or

© persistently makes use of a public electronic communications network.

 

(3) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

 

(4) Subsections (1) and (2) do not apply to anything done in the course of providing a programme service (within the meaning of the Broadcasting Act 1990 (c. 42)).

[Viscount Stair]

Viscount Stair

 

THat could be extremely useful - THanks for bringing it to our attention

 

Are you an MBNA harassee?

Funnily enough, only by post at the moment. After my last complaint, they have promised to take me off the phone list - though not for the first time.

 

Capital One/Debitas are my current phone buddies! (This cobbler's children are very badly shod indeed!)

[dashforcash]

Indeed I am and seven in one day is the max but what annoys me is the fact that because they must use an identified number with me my son is able to 1471 and then ask me who they are.

 

I always fax them around 23:00 hrs which is when they switch their fax on (I do not think it is electronic) with the times of all the calls made to me and reiterate my previous requests to stop calling and make a new request for them to stop.

 

Dash

[dashforcash]

Have just signed up. £3.28 per month allows the blocking of 10 numbers.

 

 

Premium Features Monthly

 

Choose to Refuse

Stop unwanted or nuisance calls.

What's the benefit?

Choose to Refuse prevents unwanted or nuisance calls getting through to you.

 

How does it work?

If you frequently receive unwanted or nuisance calls from a particular number, you can block that number from getting through to you. This ensures your peace of mind and, if later on you change your mind, you can lift the block and allow the caller to contact you again.

[gazbolts73]

This company amazes me to the point of disbelief!

I sent MBNA a CCA on January 12th...guess what! i received a letter dated 15th Janauary stating 'a default is due to register on my credit file'..are these people real?? Oh & with that CCA i sent a telephone harrassment letter & guess what!?! i had a nice voicemail on my mobile from........MBNA wanting me to call them back!

[AA99]

This company amazes me to the point of disbelief!

I sent MBNA a CCA on January 12th...guess what! i received a letter dated 15th Janauary stating 'a default is due to register on my credit file'..are these people real?? Oh & with that CCA i sent a telephone harrassment letter & guess what!?! i had a nice voicemail on my mobile from........MBNA wanting me to call them back!

 

Sorry for laughing Gaz but what you got is a threat to default you, not the same as issuing a legally correct Default Notice:D I make your 12+2 working days for them to reply to CCA request as Thurs 29th Jan, so sit tight. As for the mobile, mmmm, call back so you've got a logged record or log it manually

[gazbolts73]

I recorded the voicemail from my mobile & logged it!! i find it quite funny aswell..... shoot & foot come to mind!!

[AA99]

This bank are quite unbelievable aren't they ?! Do your best to spread the bad word about them as much as you can..... United we stand, Divided we fall

[Viscount Stair]

United we stand, Divided we fall

In honour of MBNA's American domicile, I think the following is also appropriate:

 

"We must, indeed, all hang together, or most assuredly we shall all hang separately."

 

(Benjamin Franklin, in the Continental Congress just before signing the Declaration of Independence, 1776.)

[gazbolts73]

I have received yet another phonecall from MBNA today - i advised them that they had received a telephone nuisance letter! & he still carried on!

For anyone's enjoyment, i recorded the phone call - how do i get it on here??

[steven4064]

Don't put the recording here, but keep it safe. You can use it in evidnece if you want to go for harassment

[gazbolts73]

The guy was a joke! I advised that he was committing an offence by calling me..he said it is not illegal! He then said, did i want interest frozen?..i told him that i mentioned that in my letters 4 months ago! he said do you or don't you? I said yes & can you send it me in writing! he replied, 'no i am not doing that! (all recorded)

[steven4064]

Perhaps YouTube is the place for it

[littlebert8]

Has anyone else received calls from MBNA that appear to originate from a mobile number i.e. 07...?

 

Despite the fact that I have sent the telephone harassment letter (with the CCA 12+2) , MBNA are still regularly attempting to call me. They use various different numbers or withhold them. Since barring withheld numbers on my home phone, they have started using what appear to be mobile numbers. I've added them to the bar list on my home phone, but they keep trying new ones - they're persistent, I'll give them that.

 

Does anyone know if the "collections specialists" are actually using mobiles or if their dialler has a pool of numbers to choose from?

 

I dont particularly care if they phone my mobile, but I dont want my wife to have to answer their calls on the house phone. Any suggestions as to how to stop these calls?

Edited January 20, 2009 by littlebert8

[steven4064]

You could adapt the letter in post #30 of my Clydesdale thread (see my signature)

[banker_rhymes_with]

Hello Littlebert8!

 

Has anyone else received calls from MBNA that appear to originate from a mobile number i.e. 07...?

 

I have quite a few Logged Calls (at least suspected to be from MBNA) from Mobile Numbers that started with Codes:

 

07785

07798

07774

07954

 

At least one left a Message, it was from MBNA and I did Record the Message!

 

I think the person leaving the Message made a mistake, and forgot they were using a Mobile, because all of the other Calls from 07 numbers never left a Message.

 

However, I'm sure they were all from MBNA because the Mobile Calls were in amongst a pattern of Calls also from MBNA, so the timing was pretty clear it was MBNA.

 

They seem to cycle the Calls, i.e. Business, Home, Mobile, and will vary the numbers they Call from in each cycle...however, three Calls in a pattern within a minute or so, confirms it was MBNA behind it.

 

So, yes, they do use 07 numbers, and I suspect they reserve the use of them for the nastier Calls...thinking these won't be linked to MBNA as easily. Wrong.

 

Any suggestions as to how to stop these calls?

 

In my experience, just giving them a good dose of ignoring them does the trick...eventually. But that is only how I handled them. What follows may not be ideal for everyone.

 

They'll bother you for some time, maybe 400 or so calls, and then will stop once they reach the end of the time frame allocated to bothering you.

 

I suspect that talking to them may only encourage them. So, all bets could be off if you stop ignoring them. Once they know they can reach you, then they'll probably keep trying.

 

Sadly, if they do get you on the phone and find they can lead you a merry dance, they then know where they stand with you.

 

Thus, my advice remains that it is best not to even talk them, ever. There's nothing they need to say over the phone that they cannot say in writing.

 

If they can't say it in writing, then it is almost certainly something you do not need or want to hear over the Phone.

 

First line of defence is to get a Phone that has Calling Line Identity (CLI) display. At least then you can see the number. If no number shows, it is 99.99999% trouble, and you don't need to answer it.

 

Second line of defence is to get an Answering Machine. Let all Calls you don't recognise, or that hide the CLI, go to the Machine, and let that handle them for you.

 

Third line of defence is to find a way to Record Calls, and then learn how to use it until you are comfortable being able to take a Call and know how to Record it smoothly without getting in a wuddle.

 

The above is the basic things needed to combat them. If you do get caught out answering a Call from them, then just remember not to answer any Security questions. Click Record the moment you know it is not a Call from someone you know, and either hang up PDQ, or if you feel confident, then see if you can encourage them to make a Data Protection Act 1998 mistake by blurting something out not having established who you are via Security Questions.

 

It's your Phone, so never forget that. If you wish to answer every Call just because it is your Phone, that is fine. Just make sure you are always in charge, and make sure the Call goes according to your desires and not theirs.

 

However, do remember that they are usually Calling you ready prepared, whereas you get seconds warning that it is them...less if you cannot even see the CLI that is Calling you.

 

That is why they like the Telephone, because they know it can give them an advantage because of the element of surprise. They want to catch people off-guard, so they can hit you with hassle and try to make you knee jerk into doing something you would not otherwise do if you were given more time to consider your actions.

 

The bottom line remains that they are only calling you to hassle you. Something like 500+ Calls to my family's numbers alone confirms they are trouble. Nobody makes 500+ Calls to anyone unless they have a screw loose or they are trying to make a nasty point.

 

Best tip I can give is to ignore them, but do Log the Calls as Harassment Evidence.

 

Do send them the Harassment Letters, and then one day you can either take that further as a Harassment Claim, or stuff it up them as a Harassment Counter-Claim should they elect to haul you into Court thinking you won't have any evidence of their behaviour.

 

A detailed Log of the Calls, by Time/Date and CLI (when shown), plus Recordings of Messages left by Time/Date to link hidden number Calls to Messages to prove it was them, plus as many Witness Statements from people who were in your Home when some of the Calls came in, will not look good in Court.

 

I hope this helps.

 

Cheers,

BRW

[gazbolts73]

Just like i had today - the guy was a proper idiot! he confirmed that they had received the telephone harrasment letter & said he wasn't doing anything wrong! then said he would not confirm anything inwriting........all recorded....

[Viscount Stair]

I have twice managed by means of formal complaints to Customer Advocate Office to get the phone calls stopped (for a while, the first time and for the time being, this time). The interesting thing is that the first reply contained an interesting freudian slip: I was told that I would not be phoned again during the current "campaign".

 

Doubtless, if it ever becomes an issue, it will be explained away but the OED definition of "campaign" includes the following:

 

"5. a. fig. Applied to any course of action analogous to a military campaign, either in having a distinct period of activity, or in being of the nature of a struggle, or of an organized attempt aiming at a definite result."

 

I think that the use of the word "campaign" is a potentially very damaging admission by MBNA.

 

While we are in Dictionary Corner, I thought that fellow Caggers might enjoy one of the other definitions offered by the OED for the same word:

 

"c. The Plan of Campaign in Ireland, entered upon in the winter of 1886-7, a method of conducting operations against landlords who refused to lower rents, according to which the tenants in a body were to pay what they considered the fair rent into the hands of a political leader, charged to retain it until the landlord should accept the sum offered, less any amount subsequently expended in maintaining the struggle."

[fedupbymbna]

Hello everyone,

I am new to this thread and situation, I am negotiating repayment of credit card debt and have made an arrangememnt with CApital One which is ok but MBNA keep ringing via Aegis via India!!! 9.30 Then 1.00 then 7.39 I have sent a letter and even when I told the office that I have been advised to only respond in writing they told me that Aegis will still call me and text me to contact them.

 

I need advice as this is really stressful I have kept times of calls but I will look into blocking them. I do think that a group harrassment claim and maybe an harrament claim would be good. I am going to go after them for charges and interest rates and also can you point me to the thread that deals with credit agreements has I heard that there may not be legally binding. Is this true?

 

I know this is long with typos but I am so angry i have would and now could cry again.

 

I was going to buckle under the pressure to borrow but now after reading your posts i feel better.

 

yours harrassed..

[gazbolts73]

Don't buckle! be strong with them! read a lot of these threads & they are very, very helpful...they are just bullies -

[gazbolts73]

Help! i sent off my SAR which they replied to, with a list of charges...no statements..can i get these??

Also, what do i do after the CCA?

[fedupbymbna]

Thanks

[hellhasnofury]

Hello everyone,

I am new to this thread and situation, I am negotiating repayment of credit card debt and have made an arrangememnt with CApital One which is ok but MBNA keep ringing via Aegis via India!!! 9.30 Then 1.00 then 7.39 I have sent a letter and even when I told the office that I have been advised to only respond in writing they told me that Aegis will still call me and text me to contact them.

 

I need advice as this is really stressful I have kept times of calls but I will look into blocking them. I do think that a group harrassment claim and maybe an harrament claim would be good. I am going to go after them for charges and interest rates and also can you point me to the thread that deals with credit agreements has I heard that there may not be legally binding. Is this true?

 

I know this is long with typos but I am so angry i have would and now could cry again.

 

I was going to buckle under the pressure to borrow but now after reading your posts i feel better.

 

yours harrassed..

 

Hello fedupwithmbna,

 

Welcome to the site:-D

 

Oh dear, have they shipped your personal data of the the other side of the world:rolleyes: Wonder how secure that is, maybe ask them;) They will continue to pester you or a while longer and then it will be handed over to the Irish company that mbna deal with. You will probably have empowered yourself more by then:D

 

Unfortunately mbna are renowned for harassment calls, everybody on this thread and more throughout the site, have had them and we have all survived and have more than toughened up and ready to give either as much grief back as them or totally not enter into any discussion whatsoever. I really don't know what they hate worst.

 

I would recommend that you start your own thread either on the debt section or the mbna forum or both if you like:-D. Tell us your story and you will received help, advice and support from all ex mbna victums:-D

 

You are correct in that you should log all harassment calls and I would recommend that if you can record them.

 

When they call, do not give them any data for security when they ask for it, if they carry on without you providing security that they are infact discussing the details with the correct person they are breaching the data protection act.

 

Have you sent off your sar yet???????? Get reading around the Mbna threads for education.

 

Will look out for your thread:-D