MBNA won't accept written correspondence only...

[lexis200]

Sorry AA - have a load of stuff going on at the moment which appears to have rendered me brainless, so I've probably got you mixed up with someone else:oops:

[AA99]

Sorry AA - have a load of stuff going on at the moment which appears to have rendered me brainless, so I've probably got you mixed up with someone else:oops:

 

LOL, me too, don't worry!

[lexis200]

Just posting my draft of a response to the latest twaddle they've sent. Any thoughts as always much appreciated.

 

Thank you for your most recent letter dated xx October, sent by 1st Class post, received by me on the xx October. (this one took over a week to arrive first class - not at all dodgy is it:rolleyes:)As I have stated on nearly a dozen written occasions now, I will not at any point be phoning your company.

 

It has become very apparent that MBNA has no intention of addressing my situation fairly, or indeed writing to me with anything other than generic letters that are either threatening or patronising in nature.

 

To date neither you, nor any of the other Heads of Customer Assistance have replied constructively to my letters of last month, or answered any questions raised in those letters; indeed I have not had any reply at all from Sally Moran or Matthew McGrath. Gail Powell, your Vice President has also failed to even acknowledge my issues with her reply to my initial complaint.

 

I would like to make mention of a phone call my partner took from xx at MBNA on the xx October. She told him my current situation (again) and informed him if he wanted to speak to me later that day with a view to accepting the amount I have repeatedly offered (and that is, as you are well aware, all I can afford), that he should phone back within the hour. No such phone call was received by me or my partner.

 

I have made every effort possible to deal with the current situation as best I can. I have at no point ignored the problems with the account, and rather than simply stopping all payments when my income no longer allowed the minimums to be paid, I started paying what I could afford.

 

I made a formal complaint to you on the xx September. This was sent by 1st Class Recorded delivery, and delivery was confirmed by Royal Mail. According to your own literature this should have been responded to within 5 working days. I have had no such acknowledgement. I have several outstanding issues that have not been addressed. I gave you extra time to respond, but again, had no reply.

 

Your last letter to me tells me to contact (by phone, which you are well aware I have said I will not do) my allocated Account manager, yet you have at no point told me who this is.

 

I am now writing this letter as a courtesy to inform you I am escalating this complaint.

 

I will be contacting the Financial Ombudsmans Service regarding my complaints not being fully answered, and then ignored. I will also be raising your blatant disregard of OFT guidelines, including, but not limited to, your scare tactic methods of threatening to force full disclosure of my assets in an effort to elicit a payment from me, despite having no legal basis by which to do so.

 

I will be contacting Trading Standards regarding your non-compliance – despite my subsequent reminders - of my legal request under Section 78 of the Consumer Credit Act 1974.

 

I will also be contacting the Information Commissioners Office if my Subject Access Request (again, sent by 1st Class Recorded delivery, and confirmed delivered by Royal Mail) is not with me in full, including all documents requested, within the time frame allowed.

 

Please be aware that any further correspondence from you, either written or by phone, unless specifically related to my previous letters, will be added to any complaint I make by way of proof of harassment.

 

I trust this makes my position very clear.

 

SWALK

 

Mr Lexis

Edited October 24, 2008 by lexis200

[AA99]

Nice Lexis ! Isn't it possible that we can draft a more general one up that everyone on this site could sign, electronically, and send it so it is coming from about 10,000 customers or more ???

[angel_1]

AA99 what a brill idea....wow and sending it by email would jam up their server

 

 

naughty naughty maz,,,,oh i just couldnt resist that VEry sorry to all if i may have offended anyone with that line as well tis the month of Trick or Treat..lol

 

hiya lexis, fab letter, i really like it ,,,,oh i think i need to get to this point myself too,

 

anyway off to collect dd from town be here laters ciao for now MAZ

[Hopeful1]

Go Lexis!

[lexis200]

Hello:)

 

Well the letter in my last post seems to have kicked them up the bum, coz I sent it on the 30th and on the 31st OH's SAR was sent by Special Delivery:D:D

 

That's about the only good thing though...

 

First off, the agreement is exactly the same as the one they sent originally, which is enforceable even though they still(!!!) haven't sent the original terms. So, either it's a genuinely enforceable agreement, or the person sending the SAR out had the braincell that day and copied the same Blue Peter one. Either way it's not good for me on that point.

 

Secondly, the git who originally phoned up OH and discussed the account (well the letter regarding the account's status anyway) did put that in his notes, but seems to have amended the situation slightly. Apparently OH accused him of breaking the DPA but he 'never discussed the account just general info'. This is utter bollards:mad: More interestingly, the data was changed for that call - there is a note underneath saying entry edited. I'm wondering if this is after I specifically asked for his name - maybe they checked the recording and had to cover their backs?

 

On first viewing of the SAR, there are a few oddities

 

1 - it was all printed at the beginning of October, but they didn't send it until I complained - why?

2 - there are a couple of entries regarding a phone call OH never made - something about settling the account. Didn't happen.

3 - along with that entry, there appears to be a balance showing which is not OH's. I'm guessing they've got someone elses details on, but how the hell would that happen? It's in the middle of data that does relate to OH, not on a separate page so I'm very dubious now.

4 - one of the entries says I spoke to the caller about bankruptcy. No I bl**dy well didn't!

5 - the git who lied in his notes - not sure what I can do about that other than argue the toss.

6 - on the application form OH put down as director/employed for PPI, but on their acceptance sheet they've got him as self-employed. I actually think this is the one good thing they've done - directors are technically employed by the company, but they wouldn't cover that under PPI, so I think they changed it for that reason. Or maybe there's something I'm missing.

7 - still no original terms!

 

I haven't had time to go through it all yet for any further discrepencies, but anyone have any thoughts so far?

 

Oh, I've also had a letter that it seems several other people have had saying they're obligated to send it when customers are 2 payments in arrears. Seeing as they state from the outset that 7 payments in arrears = default and selling of my children, it looks like they're trying to buy themselves a bit more time, as we are currently 4 months into the reduced payments, not 2.

 

I suppose now I need to get on with escalating the complaint. I'm not sure how to go about this, so I need to do some reading I think - is RMW's thread a pretty good place to start, as it looks very comprehensive?

 

Lexis:)

[SB100]

It looks like they sent you an awful lot of stuff in the SAR - which is what I expected. I only received an account of all payments and additions to the account over the last six years!

[Hopeful1]

RMW is very good at showing how to do a complaint.

 

You need to think what your original complaint to them was. What did you want the outcome to be? Did you state what you wanted? Have they me those demands?

 

If the answer to those questions is no, then that is the basis for continuing your complaint. If you now have a grievance regarding something else then it is a seperate complaint ie start again!

 

My feeling is that your biggest grieveance is that they will not accept your repayment offer in writing. IF they are refusing to do this and are continuing to add interest and charges, i would be inclined to make a complaint to FOS. State they are being unreasonable and making it impossible for you to repay the debt with continued charges, interest and so forth. Include evidence of the letters you've sent and payments made. Also include the threatening letters from MBNA which are causing a great deal of distress -

[lexis200]

Hey Hopeful1

 

Quite right, if they'd accept the payment plan I'd be happy. Well, not happy, but certainly not feeling so much like poking them in the eye if I met someone from MBNA:p

 

They have for the time being stopped interest and charges as a 'temporary measure', but are continuing to tell OH they won't be accepting the lower payments and they will be defaulting it and passing it on to a DCA. I really think there's nowhere else to go with them other than the FOS - even if it's only to stop the ridiculous post from them.

 

The letter from Gail Powell a few weeks ago was their 'final word' on the matter (despite the many many letters recieved since), and that was the one that said the plan would not be acceptable, so that's the one I'll be using as the FOS complaint. I will also do one last letter to them outlining my issues with the SAR, but that is purely as a defensive measure so that it's all on record that I'm not happy. I'm under no illusions that it will change anything:rolleyes:

[angel_1]

hiya lexis and hiya hopeful, im back...lol

 

gosh lexis you too had a final letter , me toooooooooooooo yipee now off to the ombudsman cos they have sent me the correct illegible cca,,,,even trading standards couldnt read it!

 

so i know what you are saying, just put it all in writing and that way its recorded

 

but all these letters are costing us heaps of money, just to prove they get the flipping letter for our own peace of mind,,,,,arghhhhhhhhhhh

 

sorry ranting,,,,how are you otherwise , ??? im hoping you are okay with the family

 

anyway off to do a bit of a gander around catch up laters keep positive

 

ciao for now MAZ

[lexis200]

OHHHHH, bleedin' MBNA!!!

 

I haven't had time to start a complaint to the FOS due to a load of personal stuff, and one of the HBOS cards taking precedence for a minute.

 

Just for a quick catch up, I'd decided enough was enough, and that seeing as they gave their 'final response' a few weeks ago (although they then carried on to write - they must really love me:oops:), I'd take the complaint to the FOS.

 

So, I wrote the letter a few posts up and sent it, and yesterday OH gets a letter from them - we are looking into your complaint!!!!! What fricking complaint???? I was just telling them what I was going to do, not asking for a response!!!

 

AAAHHHHHHHHHHH!!!!!!!!!!!!!!!

 

So do I now have to wait until I get a final response from this one, or can I just do the first one, then wait and see what the hell they're talking about and maybe stick in another complaint to the FOS?

 

At this rate I'm going to be claiming compensation for mental instability.

 

Okay, hissy fit over. Now I'm going to go and eat chocolate until I either feel better or explode, whichever comes first.Then I'm going to have a go at suing them for causing undue fatness.

[angel_1]

phhhhew lexis,,,,,,did i just see you explode.......sorry my mad humour - i want some chocolate now tooooooooooooooooooooo...lol

 

calm down,,,,,,,,breathe,,,,,,,,,,,,,,,right, id responded already on my thread thanks for the bump

 

im going to do a seperate complaint for each card to fos, i think info by citizen on my allianc/leics thread, Yes its there on that thread -

 

just copy each info relevant to that card number and a copy of the Final letter you have previously had for each card ,

 

i m not even going to bother letting the mbna crew im doing fos, they will get told by fos so they can then throw their dummy out if they want,

 

am so cross im thinking of a further complaint by them more or less coaxing my child to take a telephone number for me to call them back,,,,,no way im not and i wish to complain that they have tried to involve a child in acting as my PA....not right, not just and damn immoral¬! rant over

 

so mental, i understand you totally

 

Im back to just say i will tackle this tomorrow and i will update you on what ive done as i shall try and follow on RMW thread too, and then i hope to at least guide you to what ive done so you will hopefully jump a few hurdles a bit easier if that will help you - will be in touch okay?

 

take care for now see you soon ciao maz

Edited November 11, 2008 by maz1964

[lexis200]

Thanks maz:D

[AA99]

I can feel a few coach-loads trip to Chester Towers coming up....

[lexis200]

hehe:D Might need a coach just for me with the amount of After Eights I've eaten tonight. Oh yes, it's quality chocolate for me...

[Hopeful1]

hehe:D Might need a coach just for me with the amount of After Eights I've eaten tonight. Oh yes, it's quality chocolate for me...

 

Ooooo you're so posh!!

 

Maz is right it is best to send seperate letters for each account / complaint otherwise things could get very messy!

 

Just remember what i said before about keeping each letter / complaint focused and not emotional. Show yourself to be the most reasonable person in the world not the chocolate wielding frustrated woman that you are

 

I'm not around as much as got a lot going on, but i will keep looking out for your updates. You've got some good support from Maz and AA though.

 

Take care hun

[AA99]

ps. BOGOF at Morrisons on After Eights today, tee hee

[lexis200]

Hi all

 

Had a couple of new letters

 

First one dated 12th got to OH on the 15th

'Despite my recent letter to you, your account is still overdue by £xxx. It is now essential that £xxx is paid by return and that you keep your payments up to date.

 

Failure to respond to this letter will result in the account continuing to accrue further late charges...may also result in court action...or the transfer of your account to a DCA.

If you cannot meet this demand, call us and we will try to come to an arrangement to resolve this matter!!!!!' Of course you will

 

This is from Paul Campbell, another Head of Customer Assistance (are we keeping count, this is number five for us), who despite saying 'despite my recent letter to you', has never written before.

 

Also dated the 12th, but this time not arriving until the 17th, OH has this one, headed WARNING

 

You are hereby notified that we may authorise collection agents to visit your home in order to interview you regarding repayments to your credit card account. Unless you contact MBNA within 7 days of the date of this letter, you will leave us no choice but to consider taking one of the following actions (list of heinous things they'll do).

Please contact us immediately etc etc.'

Love from

Dee Dillistone - HEAD OF CUSTOMER ASSISTANCE!!!!!!

That's six. Yes 6 HEADS of customer assistance.

 

So, to catch everyone up again, they have been notified I am complaining to the FOS, MBNA have also taken it on themselves to open another complaint for OH, and yet they are threatening all sorts of things.

 

Am I correct that either of the above situations puts the account into dispute, and therefore they should be sodding off until it's cleared up?

 

Apart from this, when I looked throught the I/E info they have in the SAR, it's incorrect by £20 (their mistake as the gimp they had doing the data input obviously couldn't correalate the typed data on my sheet with the big ol' numbers on their keyboard.) This means they have it on their files that OH's pro-rata offer isn't correct, so I need to get that sorted.

 

We've also had a call this morning from Robinson Way (answerphone, no message) - are they MBNA lackies or do they deal with another company?(no-one has told us it's been assigned etc, so it could be them or HBOS)

 

I'm about to do a quick letter to MBNA now again about doorstep callers, so if anyone has any ideas on what else to add, please shout.

[Chalkitup]

Hello Lexis,

 

Robinson Way are not just MBNA lackies ...... they are trying to take cash from me for a HSBC card account.

 

No enforceable agreement arrived yet from them so they are not getting paid !!

 

Onwards and Upwards

 

Chalkitup

Edited November 18, 2008 by Chalkitup
Could not spell my own name!!!!!!

[lexis200]

Cheers Chalkitup

 

I'm taking OH's agreement as enforceable, so just trying to get a payment plan agreed! How hard can it be - so far we're about 4 months on but no further forward:rolleyes:

[AA99]

Shame Lexis, we are in the same boat! Our letters just fall on deaf ears don't they?! I have been trying to negotiate with them since August and they just seem to carry on regardless and the charges and interest are just piling up quite beyond reach now. All other creditors have been accommodating except this lot and Capone Anyhow, both are due our SAR's this Friday so it'll be LBA's then. Their behaviour is disgraceful really isn't it?!

[lexis200]

Hi AA

 

Yep, it's getting on my nerves now I have to say.

 

I suppose at least it's annoying me rather than scaring me now. I just get really hacked off at their contempt for people asking for help. This hasn't been about enforceability (from their point of view anyway) at all, it's just a customer in trouble trying to arrange a payment plan.

 

The only other ones I had this much trouble with were the Co-Op. Ethical bank my a**e.

 

Hope your SAR turns up something useful. OH's didn't really - a few tidbits, but nothing that's going to get rid of MBNA unfortunately:(

[lexis200]

Thank you for your letter dated 12th November, sent 2nd Class and reaching me on the 17th November.

Please accept my apologies if you are not the correct Head of Customer Assistance to be writing to, but to date I have had letters from six of you. I have previously asked in at least four letters for clarification as to who is your actual Head (as plainly there can only be one Head of anything), but to date no-one has deigned to answer this. This seems to be a tactic you employ in order to attempt to confuse matters and needlessly worry your customers, so once again I would like to know which one of you is the Head of Customer Assistance, and which of you are simply using the title erroneously.

I note that your letter was dated the same as one I received from Paul Campbell (one of the other five Heads that I have so far had correspondence from). Whilst his letter is informing me you will ‘try to come to an arrangement to resolve this matter’, yours is informing me that you are going to ‘take action within 7 days of the date of this letter’.

 

I refuse to spend the time and money writing to each and every one of you when you send letters without thought, so I expect you to forward this to Mr Campbell. Both your letters will be added to my FOS complaint to show the harassment I am enduring from your company, as you can not possibly need to send two letters on the same day.

 

My situation has not changed, and nor has the offer of payment that I can afford. I should at this point tell you the information held in my Subject Access Request regarding my I/E form is incorrect. Whoever was inputting the data missed the £18 for TV licence/rental, so your pro-rata figure of £10ish is incorrect, and the amount I am paying is right. Also, my household is not 4 adults; it is 2 adults and two young children. Again, this is very clearly stated, in type, on the form you were sent, and it is only the ineptitude of your staff that has caused this error.

 

In addition to this, included in the documents sent to me were notes of a conversation between me and one of your staff on the 17th July. The notes shown are most definitely not correct, and I would like the actual recording of this entire conversation for my records. If this requires a fee to be paid, please inform me by return, but this should have been covered by the fee sent with my Subject Access Request.

 

You will be well aware that this account is currently in the middle of an internal complaint, and also that I am in the process of escalating my original complaint to the Financial Ombudsman Service. This firmly places the account in dispute, and as such you may not take any action on this account, including, but not limited to, all courses of action shown in your letter.

 

With specific regard to your threat of a ‘doorstep caller’, I am sure I have previously written this, but I will state it again. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or any representatives acting on your behalf to visit me at my property, and if you do so you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Despite MBNA’s appalling disregard for my situation, and the harassment and threats I have suffered whilst trying to arrange a plan I can afford (all of which goes against the OFT guidelines, the banking code, and the new CPUTR regulations), I will continue to pay the amount offered, as it is the right thing to do. If at any point MBNA decides to stop threatening me in order to elicit a payment I can not afford, and agrees to the amount currently being paid, please let me know.

 

Finally, please note:

 

• I will not be contacting MBNA by phone. Stop requesting this, it will not happen.
  
• This account is in dispute and therefore no action can be taken by you
  
• I can not pay more than I have offered, and am currently paying
  
• I require the actual recordings of the phone call made to me on the 17th July at approximately 4.45pm
  
• I am still waiting for the original terms and conditions that applied at the time my account was opened. Despite asking for them with my original request under the Consumer Credit Act 1974, and subsequent letters to Martin Supple (another Head of Customer Assistance) and Gail Powell (VP), they have not been forwarded to me. Either forward them to me by return, or advise me if you no longer hold them.
  
  

If you have a constructive answer that personally addresses my concerns, I look forward to hearing from you.

 

Any thoughts?

 

I'm not properly with it today, so I'd appreciate glaring errors or anything that's inappropriate etc being pointed out!

 

Thanks:)

Edited November 18, 2008 by lexis200
tweaking

[AA99]

Looks good to me but I don't even feel like being as cooperative as you and after Friday I'm going to issue them with LBA's.