MBNA Harassment

[adster2407]

I have recently made a complaint to MBNA regarding their harassment of me by telephone, and would be grateful of any advice.

 

MBNA have been calling me, regarding a credit card debt, for around six months, despite me communicating with them in writing. I requested numerous times that they only contact me in writing, but they kept calling my landline / mobile. On some days I received up to 6 calls in an hour, and some calls coming only a minute after the previous call. They have now agreed to stop calling me, but are refusing to remove my phone numbers from their records, as they say they MIGHT need to call me should I fail to respond to letters.

 

They also dispute my call log. On days where the log I kept shows they called up to 6 times, they are claiming only one call was made. Also, when I did answer the calls from them, they requested the usual security details, which I refused to give, but on a couple of occasions the caller from MBNA started trying to discuss the account without asking the security questions. MBNA's final response letter states that at certain times they do not have to ask security questions.

 

I am more than happy to continue communicating with MBNA in writing, and have always responded to any letters. However I was wondering:

 

1) Can MBNA keep my phone numbers on record, despite me asking them not to?

 

2) Is there anything I can do to get a copy of MBNA's call log? To put it bluntly, they are lying through their teeth about the amount of calls.

 

3) Is it correct that MBNA do not have to confirm security details on some occasions?

 

Thanks in advance for any advice.

[BankFodder]

more torture from MBNA!

 

Read this and the link attachments: – http://www.consumeractiongroup.co.uk/forum/content.php?707-MBNA-and-Link-Financial-tortured-their-customer!

 

Start off by making a a complaint to the OFT and also to the FSA and also to trading standards. Make sure that your complaint is as detailed as possible but don't go off on a rant. Try to keep it in the form of a bullet pointed chronology. Include your call log.

 

Write to MBNA and point out to them that you are now familiar with the recent High Court judgement in which the judge recognised that MBNA torture their customers in order to bring them to heel. Tell MBNA that you won't be accepting the same treatment and that you have made your complaints and that you want their ill-treatment of you to stop immediately.

 

Send an SAR to MBNA and require that they send you all data they hold on you regardless of the form in which it is in, including correspondence, telephone records, screen records, call logs etc.

 

Tell them that if they do not stop harassing you that you will begin an action in the County Court in respect of their harassment. – Only make this thread if you really intend to go ahead with this. However it would be worthwhile because I would say that there will be quite substantial compensation, given the fact that MBNA have already been accused of this by the High Court. I rate your chances of success against MBNA in a civil harassment case as better than 80%.

 

Keep your call logs and keep logging. Keep all details of all conversations you have with them. The best thing to do would be to install a call recorder and actually get it all recorded.

 

Don't stand for MBNA torture and don't stand for it from anyone else. MBNA have shown themselves to be bullies and it is amazing that they are not even able to heed the very public warning that has been given by the High Court and that has been reported widely in the press.

 

MBNA have no shame.

[adster2407]

HI,

 

Hoping I can get some great advice from here again!

 

I have a debt with MBNA, from a Virgin Credit card. I have been corresponding with MBNA, and have at no point ignored them or the debt. I recently made a complaint to them regarding the way the were harassing me, and I received a response which basically said " we can do what we want". They also asked me for more information, which I happily sent. I have heard nothing back regarding this ( MBNA have often ignored my letters, this was part of my complaint ).

 

Today I received a letter stating my credit agreement has been terminated and a default has been registered against me. They say it will be on my file for 6 years and it will seriously affect my future. They say they are deciding what action to take, and I should just sit and wait to hear back from them.

 

It seems a little unfair to me that they have ignored a number of my letters regarding my complaint. I have ALWAYS responded to their letters, but refuse to do any business with them by telephone as they were often making 4 phone calls a day ( which they deny ). They have ignored letters where I have made an offer to pay what I can afford and they have ignored all my requests to stop contacting me by telephone. Stating they can call me if they feel they need to.

 

I seems to me that they are just trying to bully me because I had the nerve to make a complaint against them. Wondering if anyone had any advice as to what my next move should be?

 

Thanks

[Revenant]

Hi adster

 

Google MBNA Harrison and have a read of what happened to them recently

 

I might help you if you remind them of this case and that you're quite prepared to make complaints about they way they're treating you

 

Good luck

 

R

[BRIGADIER2JCS]

Have you done a CCA request to be able to check the validity of the agreement?

Play them at their own game keep asking for information the if they did decide to escalate to court action you can show that

you have made the effort to get resolution and they haven't.

[meemok]

If MBNA terminated the agreement while adster is in dispute with them on a related matter, is that not unlawful termination?

[BRIGADIER2JCS]

Sounds like revenge I agree that it probably is unlawful perhaps others can comment.

[alternative-answer]

This happened to me, exact same thing, the enforcability was being challenged but MBNA went ahead and defaulted the account and sold the debt to Hillesden Securities trading as Direct Legal and Collections. However to this date, and it's been 2 years, they have never got a penny out of me despite trying every attempt to get me into contract. Remember DCA has no first hand information and have no authority in your affairs unless you agree with them. Don't admit the debt to a DCA, permission and authority has to be granted and cannot be assumed or taken.

[Bazooka Boo]

With reference to their phone calls report them to the Police for the criminal offence of harassment.

 

How far into their complaints procedure have you got? http://www.mbna.co.uk/contact-us/complaints-procedure/

 

After reporting them to the Police lodge a formal complaint about them to the OFT&TS via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

 

Your local MP http://www.writetothem.com/

 

And the media http://www.bbc.co.uk/watchdog/gotastory/

[adster2407]

Thanks for the replies.

 

I haven't CCA'd them as I took the card out in Summer 2008, so not sure there was much point? If I was to do a SAR would I still need to CCA them, or does the SAR cover this? I assume the SAR would mean they have to reveal details of their telephone call logs?

 

In terms of the complaint, I wrote to them, 3 times before I got a response. They said they were sorry if I felt they had acted wrongly, but are adamant they have done nothing wrong. The insisted they could call me, despite me insisting everything is done in writing. The also disputed my call log and asked me to prove it. I replied to this letter and have heard nothing back. I will now certainly lodge complaints with the OFT.

 

Where do I stand with this default notice now? Have they permanently ( unfairly ) damaged my credit rating, or is there a way to get it removed? I have ALWAYS co operated with them, although yes I have stood up to there bullying tactics!

[BRIGADIER2JCS]

THE SAR must have all the data they hold on you.

[meemok]

I would SAR mbna, also a letter stating in no uncertain terms that you consider their actions unfair and you dispute their right to place a default on your credit file in this instance.

send recorded signed for, or at least get proof of posting

 

while you wait for your SAR response, get hold of your credit files, and if any defaults are shown, you can add a notice of correction saying that the information is disputed.

(by the way defaults aren't permenant, they drop off after 6 years)

[Bazooka Boo]

I assume the SAR would mean they have to reveal details of their telephone call logs?

You will have to ask for this to be included in your SAR else they will simply not send it, and yes a SAR will/should reveal the actual agreement, but as you say it was opened in 2008 so should be compliant.

 

In terms of the complaint, I wrote to them, 3 times before I got a response. They said they were sorry if I felt they had acted wrongly, but are adamant they have done nothing wrong. The insisted they could call me, despite me insisting everything is done in writing. The also disputed my call log and asked me to prove it. I replied to this letter and have heard nothing back. I will now certainly lodge complaints with the OFT.

Write back to them, send them a Letter Before Action (LBA) giving them a further seven days to reply to your complaint, if they continue to act like children and deny any wrong doing with regard to your lawful request that everything be done in writing then you will not only report them to the Police for the criminal offence but to Ofcom also.

 

Where do I stand with this default notice now? Have they permanently ( unfairly ) damaged my credit rating, That is their sole intent, just shows you exactly how puerile their minds work and how corrupt this industry really is! or is there a way to get it removed? I have ALWAYS co operated with them, although yes I have stood up to there bullying tactics!

 

You need to sit down for an hour when you have chance and send out your complaints, not only to the OFT&TS, but to the FOS, your MP, the media, and the Police.

[BRIGADIER2JCS]

Must contain all data that they can reasonably be expected to have

[Bazooka Boo]

Yes it should Brig, but, if there is something specific you wish the SAR to show you, then you should make a reference to this also, that way then they cannot say they were not aware that you were wanting to see this document specifically.

[BRIGADIER2JCS]

Thank BB Ive only jus:yawn:t got up

[Bazooka Boo]

And me, the Sun woke me up! TFI Friday...

[BRIGADIER2JCS]

It' s certainly a glorious day here the Essex girls will showing off today:smile: