Anybody Fancy Some Fun ?

[Guest Lueeze]

Eric, could you start your own thread, as its going off track a bit. If your posting here to advise someone of their claim great, but if your posting about your own expriences, could you stick to your threads? Thanks a lot.

 

Lou xx

[surreyscouse]

Dinghy,

 

Looks like you were right. Two emails to Stuart Johnson and then these come back:

 

Your message

To: [email protected]

Subject:

was deleted without being read on 25/05/2006 17:34.

Your message

To: [email protected]

Subject:

was deleted without being read on 25/05/2006 17:34.

 

Maybe he was just clearing out his inbox !!!!!!!

 

Anyway, after all the hassle yesterday of them not sending me their letter by email, I got up super early this morning and went down the post office to collect their letter, signed for it and it turns out it was bloody concert tickets !!!!!!

 

Oh, well, I fancy chilling out a bit today so will put work on the back burner and bombard MBNA with emails. First one going off to ask for the recorded delivery number for their letter, I am actually doubting that they have sent when they say they did !

[Guest Lueeze]

Oh I hate that, I wait every day for letters to drop from the bank, but its always junk or bills! LOL!

 

Take it easy SS, you have got some sh at least for now eh!

[surreyscouse]

Sorry Lou,

 

I've got some what for now ?

[dinghy]

Dinghy,

 

Looks like you were right. Two emails to Stuart Johnson and then these come back:

 

Your message

To: [email protected]

Subject:

was deleted without being read on 25/05/2006 17:34.

Your message

To: [email protected]

Subject:

was deleted without being read on 25/05/2006 17:34.

 

Maybe he was just clearing out his inbox !!!!!!!

 

Anyway, after all the hassle yesterday of them not sending me their letter by email, I got up super early this morning and went down the post office to collect their letter, signed for it and it turns out it was bloody concert tickets !!!!!!

 

Oh, well, I fancy chilling out a bit today so will put work on the back burner and bombard MBNA with emails. First one going off to ask for the recorded delivery number for their letter, I am actually doubting that they have sent when they say they did !

 

 

Think that says it all !

[surreyscouse]

Here is this mornings email to MBNA: Copied in Stuart Johnson and Gavin Thebald, let's see if it gts read or not !

 

Dear Mr Rhodes,

I refer to a recorded delivery letter which your staff have stated was sent to me on 24th May 2006 and that your staff confirmed I had not signed for.

I made the effort of collecting the letter that had attempted delivery yesterday and the letter in question was not from MBNA.

Please can you email me the recorded delivery reference number so I can track it online and I would once again request an electronic copy of the letter which I have already done on numerous occasions. Once again, I see no good reason why this letter cannot be emailed. I have been polite and courteous in my request and will continue to be so, there is no reason why MBNA should conduct themselves in any other manner.

I will contact you again at midday today if the letter has not been emailed to me.

Kind regards,

surreyscouse

 

Don't think I will be seeing that letter to be quite honest !

[surreyscouse]

Ah !

 

Your message

To: [email protected]

Subject:

was read on 26/05/2006 09:57.

[surreyscouse]

AH ! Talk about changing their story, they told me yesterday it was sent recorded delivery but then this email has just turned up !

 

surreyscouse,

The letter in question was not sent by recorded delivery, but rather by first class Royal Mail post. You should therefore receive the letter today or tomorrow.

Kind Regards

Gavin Theobald

They are just playing games now !

[dinghy]

Dinghy,

 

Looks like you were right. Two emails to Stuart Johnson and then these come back:

 

Your message

To: [email protected]

Subject:

was deleted without being read on 25/05/2006 17:34.

Your message

To: [email protected]

Subject:

was deleted without being read on 25/05/2006 17:34.

 

Maybe he was just clearing out his inbox !!!!!!!

 

Anyway, after all the hassle yesterday of them not sending me their letter by email, I got up super early this morning and went down the post office to collect their letter, signed for it and it turns out it was bloody concert tickets !!!!!!

 

Oh, well, I fancy chilling out a bit today so will put work on the back burner and bombard MBNA with emails. First one going off to ask for the recorded delivery number for their letter, I am actually doubting that they have sent when they say they did !

 

In their defence , outlook does act a little weird if using the preview pane... If he's read them there and then deleted them it would also give this response...

[Guest Lueeze]

I meant at least they paid you the charges until the rest is ironed out....

 

They obviously dont know their a$$ form their elbow eh!

[surreyscouse]

Good point there Dignhy, although most companies (my office included) do not have the preview plane on the inbox in case a virus comes through.

 

Just a thought here, but they can't reapply the charges can they ? I only say this because I am now game on for turning 'em over !

[Guest Lueeze]

reapply them meaning the ones they have refunded? No surely not! In a way I hope they did then you could come down on them like no man has ever done before! :lol:

[dinghy]

Good point there Dignhy, although most companies (my office included) do not have the preview plane on the inbox in case a virus comes through.

 

True... But I feel morally bound to at least offer up an alternative...

 

Just a thought here, but they can't reapply the charges can they ? I only say this because I am now game on for turning 'em over !

 

Do you have anything that unequivocally states they were repaying them ?

[surreyscouse]

Well, if they did (and surely they are not that stupid) then I have the perfect argument. I kept the charges and the breaches of the DPA completely seperate. In their response to me they dealt with the charges and concluded that section of their letter. They then turned to the DPA section so although they wrote one letter for the lot they did deal with each item seperately as far as I am concerned.

 

I think they are really under the impression they have done no wrong although I can see clearly that they have breached 3 of the 8 data protection principles. It's gonna take me ages to write out my court summons !!!!! I'll enjoy doing it though

[surreyscouse]

Do you have anything that unequivocally states they were repaying them ?

 

Their letter goes on about charges being fair etc. but then says in order to bring to swift conclusion I have credited your account with £510. I think that's good enough

[dinghy]

Their letter goes on about charges being fair etc. but then says in order to bring to swift conclusion I have credited your account with £510. I think that's good enough

 

Certainly sounds good enough to me...

 

IMO you are on fairly safe ground with that...

 

[MARTIN3030]

Phewwwwwwwww

Just read this from start till today...................what a story.............makes Coronation Street and Eastenders look like a tea party !!!

 

Waiting eagerly for the letter to arrive (will be standing by your letterbox with you )

 

 

These guys have probably done a little more than turn off their e mail reply scripts..........they have prob threw their comps thru the window and ripped out all the phones !!!

 

Keep it up

 

:lol: :lol:

[surreyscouse]

Hello Martin, welcome to the thread, glad you are being entertained !!!!!

 

Just a further thought though. Gavin Theobald replied to my email but there was not a read receipt from him, although there was from Stuart Johnson. Anyway, 45 minutes until my nxt email requesting a copy of the letter, I pretty much gurantee that will be ignored as well. The Mrs gets home about 2.30 anyway so she'll let me know if anything turns up today ! I reckon it will arrive tomorrow so I have to dwell on it for the whole weekend, they are rather devious like that !

[surreyscouse]

Chaser as promised by email:

 

Dear Mr Rhodes,

There appears to be conflicting information regarding this letter. I was informed yesterday that the letter was sent recorded delivery, yet this morning I have received an email from Gavin informing me it was sent 1st class unrecorded. That aside, midday has been and gone and I have not received an electronic copy of your letter. I have assumed this is an oversight on your behalf and look forward to receiving the electronic copy by return of email.

In consideration of lunch hours, I will contact you again at 2.30pm today if I have not received the letter.

Kind regards,

surreyscouse

 

Absolutely no chance of a response !

[surreyscouse]

Weirdest thing just happened: Had 4 read recipts all come through at once from Michael Rhodes. These range from 8.52 this morning to 12.46 this afternoon. Then received a read receipt from Gavin Thobald from my initial email this morning which he replied to followed by another from the one sent at midday.

 

I think their server is cracking under pressure as well ! :lol:

[MARTIN3030]

Hear that a lot of the banks will be allowing their staff to watch the world cup.

 

Its not that they are all into football.........................

 

 

They want to see all the PENALTIES....................

[surreyscouse]

Thanks guys ! MBNA know I am a nutter and that really do hate them, they are already expecting the following email which has just been sent:

 

Dear Stuart,

Many thanks for your letter dated 19th May 2006 which was received by recorded delivery this morning. I have not personally seen your letter nor it's enclosures yet, but I have had the contents of your letter read to me over the telephone. I have not yet been informed as to exactly what the enclosures are with your letter.

 

I accept that you have credited our account with the sum of £510. Unfortunately, in the time elapsed since my claim commenced, you have applied a further £50 in "fees" on my most recent statement which was received yesterday. Please can you confirm to me whether you are willing to credit those "fees" to the account without delay. If not I will have to commence a further claim for this amount.

 

Additionally, I believe that the interest that is applied to our account is unsustainable and far exceeds the current base rate set by The Bank Of England. Additionally, relations both ways between MBNA and myself have been strained for quite some time and that we should try to resolve matters amicably sooner rather than later. My proposals are:

 

1. Interest is frozen on the account with immediate effect

2. We agree between ourselves a manageable set amount each month that we pay

3. Our credit record do not show any "arrangement to pay". You just merely report payments as being on time

4. I would ask that you consider a "short payment". I understand other customers of yours have been offered and taken advantage of this

 

Please can let me know your considerations of the above proposals. A set amount each month will be much more convenient as you no longer allow me to have access to my account online. A direct debit mandate/standing order form would be required for me to complete.

 

I would direct you towards point 4 of my proposal. As you are aware, the information requested under my data protection act request was very much incomplete after the 40 days period allowed by the Information Commissioner. I have incurred extra costs since the 40 day period expired and I am entitled to claim these back along with a claim for distress via our legal system. In the interest of economics, may I suggest you offer a significant reduction in the account balance in order to reflect these potential damages and the large saving you would make in not paying legal fees should I choose to instigate a claim against yourselves. An informal agreement on this amount will prevent any further action being taken on my part.

 

Once again, many thanks for your letter and as always, please feel free to contact me with any queries you may have. You have my mobile number.

Kind regards

surreyscouse

 

 

So there you go. Nowhere near finished. Good to hear from so many of my cyber friends already with well wishes. I have been helping people out on here for weeks and giving names,numbers and advice without even knowing how my own claim was going ! I knew deep down they would just cave in with their first response as they know how difficult and awkward i can be when I want to !

 

I will let you see his reply !

 

I Love this site !

 

 

Anyway, the Mrs has just read the response over the phone to me.

 

Here's the upshot, they have refunded the other £50, no surprise there then.

 

My 4 points for resolution

 

1. Interest will not be frozen under any cirumstances. Move your balance to another card

2. Yeah, we will agree a reduced payment plan and record it on your credit file. Fees and interest will be frozen (er, answer to point 1 meant what ?) Fill out the attached forms and send them back to prove what you earn and spend.

3. We will record all info on your credit file to try and screw you up as much as possible

4. Yes, we will consider a short payment.(Took me bit by surprise) Please contact us with your offer.

 

Ok, so that is basically it. No mention whatsoever of their DPA breaches.

 

I need to have a proper read of their letter over the weekend. I will then send a fax to them giving 7 days to settle for damages and distress for their breach. Damages are mobile phone costs, ink, envelopes, fax charges, stamps, paper, plasters (for my paper cut when sealing envelope) . Distress, well clearing the balance should cover that one !

 

Any ideas on how we can have a bit of fun with this lot. Balacne about £4k at the moment, £25 settlement a good starting point, they are already very familiar with that figure after all ! !!!!!!!:grin:

[dinghy]

I don't know what occurs with a short payment... You might need to be careful if they can record that on your credit file ?

[surreyscouse]

he did say that this would be recorded. I think I might be better going down the "I'm suing you for DPA breach route" and see what sort of response that gets. Surely I'm right in thinking it would cost them more than £4k to deal with the court summons and defend in court ?

[dinghy]

You might want to suggest to them that you pay X amount and they make up the rest in an ex-gratia payment in respect of the agravation caused and in the understanding that you won't be pursuing the DPA claim(which co-incidentally clears the account)

Clearly this then wouldn't be a 'short-payment' and they then wouldn't be able to register anything other than balance cleared & account closed.