I have been reading and following all the good advice on this site for some weeks now, and started my own CCA with MBNA. I am now getting harrassed and have caught them out on 2 lies to date. However, I now do not now which way to turn with this now. Could any of you kind people let me know what you think my next course of action may be? Thanks to previous threads on this site I have logged all events to date, which are as follows
Sent standard CCA letter no.1 with required £1 PO on 2/7/09 which was signed for on 3/7/09.
Nothing received from MBNA.
Sent letter no. 2 on 24/7/09, which was signed for on 29/7/09. This basically stated account went into dispute on 21/7/09 as the 12+2 days had passed with no correspondence and the account should not be acted upon whilst in dispute.
Heard nothing until
25/8/09 received call from RMA acting on behalf of MBNA requesting payment. I told the lady that account was in dispute and that they or MBNA shouldn't be asking for any money. She said she would put it on hold for 2 days and speak to MBNA. I also asked for all correspondence in writing – end of call(EOC)
27/8/09 call from RMA. Straight away told them of previous call and that all correspondence should be in writing and they should not be dealing with it as the account is in dispute – EOC
28/8/09 call from RMA – asked for everything in writing as account is in dispute. Girl would not talk to me unless security questions completed – I refused and asked for everything in writing at which point the girl hung up.
29/8/09 – call from RMA – said the account was in dispute and asked for everything in writing – EOC
31/8/09 call from RMA I told the man this was the 5th time I have asked for everything to be put in writing and that I felt this was harassment. The guy said it was not harassment unless calls were 2-3 times a day. He assured me it was not harassment and said he would see what he could do about putting communication in writing.
1/9/09 received letter from RMA requesting payment. Letter was dated 24/8/09. Have not responded to this.
3/9/09 call from MBNA on mobile – before security check I asked for everything to be put in writing as account is in dispute. Guy said he would make that request but it would take 7 days and calls may still come through – EOC
5/9/09 call from MBNA at home – wife asked them to ring back in 1 hour as I was out – they never did.
7/9/09 call from MBNA on mobile – lady said I see you have asked for all correspondence in writing, she told me I had to put that in writing. She also said account was in arrears, I said it shouldn't be as account has been in dispute since July and should have been effectively frozen but MBNA were ignoring that fact and running the account as normal. Lady said I should put it in writing. EOC
8/9/09 text from MBNA requesting I ring them to 'discuss a query'.
10/9/09 call from MBNA on work phone – Guy wanted payment. I said account was in dispute and I was in arrears. I said I had sent 2 letters which they had received and ignored and to put it in writing. The guy said no letters had been received. I said I had proof they had been received and signed for and requested all correspondence in writing. The guy got really nasty at this point and started shouting down the phone 'why, why do you keep saying put it in writing when account is not in dispute and no letters had been received'. He kept demanding money saying no letters had been received. We went round in circles for about 10 minutes with the guy not letting me finish a sentence with a really nasty/angry attitude towards me. The guy asked for proof of the letters being received. I said can you put that request in writing and I will answer it. The guy literally screamed down the 'why, why, why in writing, I am on the phone now tell me where you sent the letters and who signed for them. I told him I was out and wasn't carrying any documents on me. I managed to find the Post Office receipt in my wallet and gave him the post code. He said this was the wrong address so no letters had been received. I said I sent it to a Customer Services address and they had signed for them.
The guy said that as no letters had been received the account was not in dispute and that any complaint should be sent to a Chester office. I re-stated that letters had been sent and signed for and please put correspondence in writing. He said I should write a new complaint to Chester asked for a payment in the mean time. I said I didn't know the address. He tried to give this to me and I said please put it in writing. He said ' do you not want me to put on the notes you refuse the address and refuse to pay as it will look bad and go against your credit rating. I said as I told you I am out and do not have a pen and paper to hand so could he please put it in writing and told him I was now hanging up as I didn't appreciate the fact he would not listen to me and could not tolerate his aggressive attitude any more. I hung up.
My friend who works offshore has an MBNA card and asked me to send off the first CCA letter to MBNA for him. So on the 18th August I cut and pasted his details over my first letter (main text exactly as mine) bought a £1.00 postal order for him and sent the letter registered to exactly the same address as I had originally posted mine. This was signed for on the 19th August. On the 29th August (while he was still away) he received a reply which contained his signed T&C's , terms etc. (He thought he had taken the card in 2005/6 but he actually only took it in 2007). This confirms to me that my details were received and could be acted on.
12/9/09 call from MBNA on mobile – when I said can you please put all correspondence in writing, the guy hung up.
11/9/09 spotted a missed call from MBNA on my work phone.
14/9/09 call from MBNA on work phone 11.00am – I asked for everything to be put in writing & refused to carry out ID check due to nasty nature of previous call. EOC
14/9/09 missed a call from MBNA on work phone 18.40
14/9/09 call from MBNA at home 19.00 – told them to put everything in writing and ended the call.
15/9/09 call from MBNA on work phone – asked the lady to put everything in writing, she said she could not discuss anything until ID check had been completed. She asked why and I said account was in dispute and could she put everything in writing at which point she hung up.
17/9/09 missed call from MBNA on work phone at 08:33 due to work meeting
17/9/09 missed call from MBNA on mobile at 08:34 due to same meeting above
17/9/09 missed call from MBNA on work phone at 14:06
17/9/09 missed call from MBNA on mobile at 14:07
17/9/09 call from MBNA at home – asked lady to put everything in writing, she said to do ID check first. She said account was in arrears and I said it wasn’t. She asked why and I said I had asked for information which they had not provided. She asked when and I said since July. She said nothing had been received. I said I had proof that they had signed for 2 letters and then she said account was not in dispute as the terms and conditions had been sent to me on the 18th August. I said I had received nothing. She said I had, I said I had not and please put everything in writing, I am now ending the call. EOC.
Sorry for the length of this, but I thought it important to show the lies they are now telling me.
Any advice is greatly appreciated.