Battleaxe does MBNA

[Guest Battleaxe]

I am really enjoying this after several years of frustation I feel so empowered. the hours I have wasted on the phone, the tears of frustation and now it's my turn.

 

Amazing how the flow effect of an action can impact so largely on our life. I have been sleeping so soundly this last week.

 

I decided I might be able to shortcut things this morning and rang paul Miney's number. i waited on line and then a gentleman named Robert answered, i aksed if I couls speak to Paul Miney, he was on another call, so i decided to to talk to Robert. i explained things to hm and what i was planning. he suggested i write a letter of complaint and then speak to their debt control people. i explained that i have spoken all these people and yes they have been very nice, but the problem has not bee resolved. I explained that by ringing, i just thought we might be able to escalate the matter. No such luck.

 

I have just completed the S.A.R - (Subject Access Request) letter and off into town to post it recorded delivery.

 

Just an aside. the ladies at the local post office are taking a great interest in all of this. I have worn a path to their door, over the last three days.

 

I have to share this. Stress is wonderful. I got the documentation for my parachute account, and we dually signed it ready for posting.

 

Clause 5 - where did this come from, not on internet aplication, so I proceeded to state this in the column. Went and made a cuppa and had a think. Rang Customers Services and spoke to a lovely lady and explained what I did. She said it wasn't necessary to complete that information as it is a 'STEP' account and it will be reviewed in six months for an upgrade. She said to initial the alterations and send the forms back, or she would send me another set. I said I would initial the forms and include a 'sorry' note. She concluded that I have made her day and I will make someone's day when they open the envelope, Tatty Teddy sure helps at times.

 

Fortunes must be changing I won £10.00 on a scratch card yesterday, this will pay for the MBNA SAR.

[Guest Battleaxe]

Letter arrived this morning from A & L, thought they had sold the credit card business to MBNA?

 

The letter is on A & L letternead with the MBNA registered address at Chester Park. Wheels within wheels

 

October 19 2006

 

Dear Mr Smith

 

Account xxxxxxxxxxxxxxxxxxxx

 

Thank you for your letter dated October 11, 2006 which we received on October 16, 2006. we are currently investigating your complaint and will send you a full response by November 12, 2006.

 

In the meantime should you have any queries please call the Customer Advocate Office on 01244 672628 Monday to friday 8am-5pm

 

Yours sincerely

 

Stephen Bailey

Customer Advocate Service

 

Enc. 'Our Commitment To You'

 

This is in response to the SAR

 

Strange when they want to beat us with a big stick we get calls from the call centre in India using the name MBNA, yet this is using A & L

 

I love the first para in the document Our Commitment to You

 

Your credit card account with Aliance & leicester is serviced by MBNA Europe Bank Ltd. we are a company of people committed to providing the finest products backed by consistently top quality service. An important part of fulfilling the committment is making it easy for you to contact us if you have any concerns or questions.

 

It then rabbits on about phoning on the infamous 0800 number where one of their customers service advisors will be happy to assist you. Alternatively write and they now give the address as

 

Customer Services department

Alliance & leicester Credit Card

P O Box 1004

Chester Business Park

Wrexham Road

Chester

CH4 9WW

the only difference between this address and the MBNA on is the post code CH$ 9QQ for MBNA

 

 

Now will I reply, or will I wait? hehehehe;)

[Glenn UK]

Don't forget when you speak to MBNA make sure you know exactly what they owe you and what you want for a settlement.

 

Check out the link in my signature, i made a schedule setting everything out and it doubled my claim and helped me when talking to them

 

HTH

 

Glenn

[Guest Battleaxe]

Thank you for the heads up on this one Glenn, I was wondering about claiming for the phone calls, postage and letters, just to play devil's advocate with them and you link shows I was thinking along the right lines.

 

this is so empowering to have them talking to your terms not theirs.

 

I commented that this has become a full time job, but unpaid. then again payday is when we get back what is ours and I am so grateful for those who have gone before.

 

I have been checking phone numbers for the Customer Advocate and it is the same number, whether it be MBNA or A & L credit cards.

 

Many thanks

 

Phillipa

[Guest Battleaxe]

Miss or Mr Mubai,or wherever it is, have tried to contact me twice today regarding returned DD, first time when I answered dead line checked with 1471, number withheld. This was 12.16pm

 

Again the phone rang ar 16.16pm I answered to be greeted with an accented pre recorded message telling me it was call from MBNA loans for Mrs Battleaxe, to continue the call press any button. ooops I hit the disconnect button.

I rang 1471 in the hope of getting a number, number withheld, sure indicator that it is the Indian call centre.

 

So now have printed off telephone harassment letter, because last time this happened and we weren't even a day late with payment, they forgot to call for the DD that month (stupid idiots) we got called four times each one threatening us we would be phoned until we paid.

 

I knew they would call, but a recorded message for to press any key to continue the call, is a new one. I am not boosting their coffers by not knowing if they are using a premium rate line.

 

Thought I would make everyone aware of this new tactic.

 

I am loving every minute of playing cat and mouse with these dweebs. I refuse to talk to any call centre out of the country. :grin: :grin: :grin:

[Guest Battleaxe]

Another automated phone call at 18.22pm. Wanting me to press any key to continue the call I think this is harassment, three calls in six hours. Certainly invasion of privacy. i will keep logging these calls as a record for future reference.

[Guest Battleaxe]

20,24pm another call from MBNA. This time I pressed one, the automated voice then instructed me if I am mrs battlexe to press 1 if not press 5, so I pressed one, then there was the instruction to key in my date birth, after a warning that it is illegal for me to attempt to authenticate my identity, I hung up.

 

has anyone got an email address for MBNA?

[Guest Battleaxe]

This gets bettem the phone rings again at 20.45, I sent an email to the customer advocate office with the letter regarding harassment by telephone. Surely they are not working this late, the woman did not get chance. I said who i was and i would be identifying myself, and then launched my spiel.

 

I warned her that they are breach of three Acts and if I am contacted again by phone the matter will be reported.

 

I then hung up.

[Guest Battleaxe]

letter arrived from Global Vantedge acting for A & L/MBNA CC. yep chasing us for £149.54.

 

I took a deep breath and phoned Global Vantedge, surprise, surprise, heavily accented voice at other end, sounded like an undersea cable, says his name is Jonathon.

 

We went through the usual crap of identification,

 

Told Jonathion in no uncertain terms this account is in dispute, we will neot be dealing with his company regarding this and already OFT and Informayion Commissioner is involved, so stick everything where the sun don't shine, then hung up.

 

The letter really doesn't contain any threats we weren't expecting. I love the bit about visiting MOTH at his place of work. oh yeah, they have to gain entry to a secure defence establishment and of course the usual guff about adverse credit ratings.

 

Guess where the letter came from 77-B, Sector 16, IFFCO Road, Gurgaon-122015, INDIA

 

Regd office A-16/9 Vasant Viliar, New Delhi-110057.

 

yep MBNA are sending our details offshore for collection.

[Guest Battleaxe]

Got a letter this morning from Rachel Claridge Assistant Vice President.

 

Looks like they are sending out these letters without really reading what is requested and what it is in relation to.

 

Got the Postal order returned, but all we got was a four page print out of transactions going back 2003, this CC was taken out in 1998 not what was asked for under the SAR.

 

She also credited the account with £110.00 goodwill as full and final settlement of the complaint.

 

Says if we want full disclosure (I thought that was whet we requested 11 October - tic tock) fill in the form she has supplied Now they want to know have proof of Mr Battleaxes identity, we can play this game and send them back the postal order which was made out to them and crossed.

 

I will also be reminding her that we orginally requested full disclosure orginally and the clock is ticking down to forty days and her delaying tactics will not be taken into consideration and we will accept the £110.00 as part sttlement of our full claim.

 

As if we are going to wait eight weeks for her to assume this matter is closed

 

I am so angry, they are not getting away with any of this crap. Looks like I have busy week ahead of me next week.

[Bunnykins321]

Hi Battleaxe

 

Have read your thread with interest especially the harressment with telephone calls. We also had the same problem - they would start at 8.30 a.m. and continue throuout the day and evening. The person on the end always was someone different and no matter how many times you explained the situation they still kept on ringing. In the end we complained but the calls still didn't stop so we paid off the account apart from the disputed charges and interest. It was bliss no more harrassing telephone calls. We even rung MBNA to let them know that we were paying the account off by cheque but they completely ignored this and just kept on ringing us for a week afterwards.

 

We are a bit further on in the process than you. Having received so far two goodwill payments totalling approx £750 - see my thread.

 

Keep going and keep in touch - you'll win. We are at the present wondering what to do next - they still owe us another £120 approx and are just debating what to do next. What fun!

 

Bunnykins321

[Guest Battleaxe]

Bunnykins

 

There is no way am I giving MBNA any satisfaction, by letting them wear me down. Having their calls blocked is a respite. It must be galling to get a message, that we are not accepting their calls and our phone doesn't ring. As far as I am concerned they can sweat for their money. They have mixed up the loan and the CC, poor darlings, so snowed under with work by us naughty people wanting what is rightfully ours.

 

I am waiting to see what the Infomration Commissioner says about their harassment.

 

We are not in a position to pay the loan off. if we were believe me I would do it in a flash.

 

Good for you getting the goodwill offers. perhaps they might keep offering us goodwill and eventually the loan will be paid off..one can dream.

 

I would hit them with another court claim for the amount.

 

Like you I am now enjoying this, so nice to have the upper hand, yes I know they can default us, but what the heck, the games will continue until we win, and sharpening my knowledge of Consumer Law.

 

More strength to you Bunnykins and get that money back.

[Guest Battleaxe]

Letter signed by Stuart Johnson Assistant Vice president dated 20 November 2006. Painfully explaining state of paly yad yad yada, so i ring his colleague Gavin Theobold, who transfers me to Yvonne.

 

Says she only got the letter dated 14 November this morning. There has been an administrative error on their part in sending only three years copies of statements and this was only from when they took over from A & L credit card services. I reminded her that they are way out of the compliance time and I had posted a letter this morning giving them 7 days to get the documentation to me or I am filing in the County Court at 10am 1 december 2006. She wanted to get someone from the their compliance area to phone me, i told her this was not acceptable and I was not receiving phone calls from MBNA. i also mentioned that i had discussed this matter with the Court this morning (which i did). I could tell by the tone, that she didn't know how to respond except ask me if someone from their compliance area could ring me. I reiterated, No way.

 

The have withdrawn the CC got that letter on Tuesday we owe £6300 on it.

 

This begs several questions. A & L transferred the card to MBNA, but kent never signed an agreement with MBNA.

 

A & L shared our information with a third party unbeknown to us.

Kent never put two and two together until i started down this path that MBNA now own the credit card, because everything has Alliance & Leicester over it. So does the original agreement stand? Shouldn't MBNA confirmed that Kent is Kent when the card was tranferred (I am playing devil's advocate here).

 

Is this debt enforceable (devil's advocate again)?

 

I am now waiting to see how quickly we gat all the statements back 2000.

 

Oh they said they will take our phone number off their calling device for one month.

 

Bear in mind children, we have one late payment and that was when A & L returned the DD unpaid. So they reckon because we did not speak them this is why they withdrew the card and that we reufused to pay the one month payment. hello, they have acknowledged all our letters..

 

nasty spiteful creatures

[Guest Battleaxe]

I would cry if I didn't have a warped sense of humour i am sure the pressure I am putting on MBNA is having an effect. I had just finished filing my complaint with the Information Commissioner regarding the breach of the 40 day compliance. i must have stirred them in at MBNA yestersay, because in a very damp envelope address is hand written and no post mark noted from 1998 - 2006, but not the missing statements. they must have hand delivered it and in another envelope hand addressed is a short note

 

Dear Mr Smith

 

I write to acknowledge receipt of your request for information under the Data protection Act, Please aaccept our apologies for the delayed response.

 

MBNA Europe Bank Lts would normally provide you with a copy of all your information within the 40days allowed by the terms of the Data protection Act 1998 however due to the delay we will provide the information as soon as humanly possible.

 

yours sincerely

 

R. Vernon

Compliance Deaprtment

it was dated yesterday and post marked yesterday.

 

Did I light a fire under them and was it the mention of filing for an Order on the morning of the 1 December? How many days to go?

[djweeble]

These barstewards are really going for it in the delay stakes, they've been trying to waffle me too. Perhaps MBNA aren't giving their monkeys enough peanuts, their brains are sadly deficient of spark

 

Keep yer chin up gal, and give them hell I'm going too.

[redsue]

keeping going battleaxe - we are all with you gal

[Guest Battleaxe]

Thank you everyone. I love how we keep each other's spirits up and hold hands when things look like they might happen. I am hoping that MBNA cannot make by Thursday....

 

Of course I have a second bite at this too. I do nothing by halves...

[Guest Battleaxe]

I have just completed the N1 Order under section 7 and section 15(2) Data Protection Act.

 

the post has been delivered and none of the data requested, they have exceeded their allotted time, so 10am tomorrow morning I file for damages and costs and to get the data under a court order.

I have claimed £439.75 in costs, figure my time at £100 per day for four days, 5 letters at 6.95 each and the recorded delivery costs, as well as the filing fee of £150.00.

 

Oh also got a letter from MBNA with a complete change of tone regarding the telephone harassment and they have taken our telephone number off their automatic dialler, would this have happened if I hadn't reported to the OFT and the police? Now they are asfing nicely for me to make my payment of £131.87, signed by Gavin Theobold Customer Advocate Office Manager and to ring his colleague kathryn bedford Customer Advicate, should I have any query..oh telephone number if anyone wants it is 01244 672628. I am not finished with that particular matter yet.

[redsue]

Battleaxe... I salute you...

[Guest Battleaxe]

30 November 2006

Mr Gavin Theobold

Customer Advocate Office Manager

MBNA Europe Bank Limited

Chester Business Park

Chester

CH4 9FB

Dear Sir,

 

Account xxxxxxxx

In reply to your letter dated 27th November 2006; as a responsible lender you would have listened to what I said when I first contacted your office regarding the returned Direct Debit payment and when I could make payment. Your organization chose to ignore this conversation and started a concerted campaign of harassment. You have also breached the Data Protection Act by sharing my information with a third party without my consent. I have no way of knowing if my information is secure now it has been sent offshore. I have been informed this third party is paid a bonus if I make a payment under duress and constant harassment.

I am expected to believe you when you write stating that my telephone number has been removed from your automatic dialer. I am sorry, but your behaviour in the past does not warrant my trust that you have undertaken this action, and that you will not start harassing me in the future. You should have done this before I had to resort to the only recourse left to me and report your conduct to the relevant authorities.

How many times do you need to be told that a payment would made, for me to be met with a response from your operatives, that you will keep harassing me until the payment is made? This is not the action of a responsible lender. Your actions have caused distress and an apology will not remedy that. If you had been sincere you would have listened in the first place and not embarked on the course of action you did. As a result of your actions I have had spend money seeking legal advice and researching the Protection from Harassment Act 1997.

You are aware that I have reported your conduct to the Office of Fair Trading and the Police. This is no longer a civil matter but a criminal matter in the terms of the above mentioned Act and as such your organization can be prosecuted for breaching the Act. Please refer to http://www.opsi.gov.uk/acts/acts/1997/97040--a.htm.

This matter is not closed and I will be seeking redress for damages and distress.

I have been asked to present all my documentation regarding this matter to the Crown Prosecution Service for review.

I have also made representation to my Member of Parliament.

Yours sincerely

Phillipa Smith

Cc Cambridge Constabulary CC-xxxxxxxxxxx

Hertfordshire Constabulary (information)

Office of Fair Trading L/Complaint/xxxxxxx

Information Commissioner’s Office (Data Protection Act)

What arrives in the mail this morning? yep, the f'''''''''wits tried to take another payment by DD and have added another £25.00 in charges, so this is £75.00 and of course the usual a DD must be set up to service this loan...

Submitted the N1 this morning and the lady remarked that court is now handling these in blocks because so many are coming through, something will have to happen. So it will filed on Monday and deemed served on Wednesday .

[Deller]

Hey Battleaxe, MBNA are next on my hit list, probably new year. A bit busy at the mo, what with NW, C one, and Talk Talk on the go. I've been keeping an eye on your progress for the last week or so, and it's certainly a thread like this that spurs you on.

 

And what a letter....you go get em!!

[Guest Battleaxe]

I am not fooling around with these f===wits. Don't they read, don't the action anything. i thought A & L were bad. but this lot are incompetent.

 

My damages I am seeking, by the time I am through, they will cancel the loan. The MBNA credit card is bad enough. I am sure I can go them for concealment, they sent everything out with A & L letterhead and the statements still arive using A & L stationery.

 

If I could get the CC and loan written off that would be nice. So I am going to give them enough rope to hang themselves. That would take care of £10,000.00 worth of debt.

 

Crap One is easy and they repay the charges with interest and we continue doing business..only have two little credit cards with them and there was no problem until A & L started it's nonsense. The domino effect.

 

I hope I am giving you some ideas Deller. I certainly have learned a lot from you Ally and Gizmo.

[Deller]

Great stuff, and always glad to help!!

[rosierose]

Hi BA

 

Thanks for visiting my thread yesterday.

 

Just a quick question... Have you sent CCA s77 & 78 requests to this lot?

 

Cheers

 

Rosie

[Guest Battleaxe]

Hi RosieRose,

 

no I have sent the CCA request yet> We included this as a specific request in the SAR and in the reminder letter we sent before the expiration of the 40 days. We also included it in the request to the Courts for disclosure. (Non-compliance of the SAR).

 

To sink the boot in, I added it to OFT file and the Information Commissioner complaint.

 

I figure I am going to get my £150.00 court fee worth out these cruds. they can show the whole kit and caboodle to the Court and I will let the Judge decide from there. of course it would be funny if there is no credit agreement. they will have to come arrangement for us to repay what we owe them, after we have claimed our unlawful charges. We are not trying to get out paying what we owe. ia m not going to make it harder for them to claim it off us.

 

I feel there has been concealment, by MBNA using A & L mast heads and letterheads in all the correspondence when MBNA actually own the credit card. We signed originally with A & L not MBNA. We only confirmed all f this when i went digging to get the charges back.