MBNA won't accept written correspondence only...

[lexis200]

Cheers AA

 

I just feel I need to look reasonable for if this gets to court etc, as they do appear to have an enforceable agreement (even if they haven't fully complied with the cca - but I'm really not willing to argue the toss with them properly on that one).

 

The more I can state what a pile of bleeping bleeps they are, the better it looks for me. Well OH actually!

 

It'll get me precisely nowhere with them, but at least it clogs their files up. Plus I think I'm going to add in a compensation claim to the FOS for all the time spent replying to their drivel, so that drives me too:)

[angel_1]

hiya lexis and all,

 

you are just so brilliant at those replies,,,i feel so in awe of you, it looks good to me, again as a point of reflection when you include that in your fos bundle at least its showing that you are trying,

 

me ive got the pc to myself today so reading up further info still

 

had a call today but i didnt really give the horrible woman a chance to get confirmation that it was i, who they wanted just told her to put all in writing and no one is giving out personal info over the telephone, and whilst they may have i dont which one it was so yet again await if any letters arrive at all!

 

i wish you luck, as we continue but if nothing else, i can at least say hiya and keep going gal

 

speak later ciao for now MAZ

[AA99]

I'm in a different position only is as much that I would love it to go to court because being on benefits, I'm already offering too much! Court costs are free too! Maz, I've been using this a lot lately, it's very good:

08081013405 - who calls me?

[lexis200]

Thanks maz:oops:

 

TBH AA, my income is entirely benefits and OH's is mostly, plus we put a very low household budget in order to be able to pay off a little more, so really the same sort of thing as you - we're definately paying too much, but it was all sorted out (well most cc anyway) before I found CAG, so I didn't know half my rights.

 

I know if it ever went to court we'd end up paying less than we are now, but I really don't fancy it! I'm just a big ol' wussbag really - all mouth and no trousers as the saying goes:)

[angel_1]

hiya all again

 

many thanks aa99 that is good site too, i use normally the saynoto0870 but have saved yours too,

 

lexis, i know what you are saying - im just mulling over a bit of stuff, i m happy to go to court as long as i know what the hell im talking about, but yes im doing all to self learn, take others tips and go for the ride, so to speak, but hey im taking comfort in learning all about new stuff every day

 

see you laters, ciao for now maz

[AA99]

Hi girls, thank God and CAG we've got each other, for now, hey?!

 

Is there such a thing as samaritan/charity lawyers/experienced court people who could at least accompany us to court???? People keep saying it's not as bad as you think, etc..... just a small room with a nice little man, but I know the thought of it is so so so daunting to us!!!!!!!! Too many what if's......... maybe we should link up by geographical towns and accompany each other, if it gets to that, waddya think ?

[angel_1]

hey brill idea there AA99, i was actually thinking the same

 

however, to tell you the truth, ive already attended one of those rooms not for myself yet....lol but for my friend who link was trying to get a court order

 

the judge was very kind and the solicitor from link was not well informed and although we thought we had planned it well, with a letter stating link should not have preference on a charging order over the other creditors it got stayed for a few months because link had not responded to an offer from a previous hearing but the debt been sold to link in the meantime

 

im now in the process of getting a cca for my friend, sorry off topic

 

i just wanted to say though, now ive been its very informal yeah their person and you and if you took someone else in like i was my friends support, and the judge

 

the judge said couldnt help us but if we had taken in court case law that we could argue a point of law would have considered our defence more

 

so what i learnt and yes it was a bit scary as i didnt know what to expect and in a way i wanted to know what happened anyway - in hindsight now that i now know all this knowledge, im no longer afraid, i just now understand that you have to go in with lots of info and get your court bundle in the best possible format to win your case and present legal info correctly and hope the judge takes on board the legal points readily.

 

i m happy to go with anyone i now want to reassure you all, its how you get your case prepared and whether the other side turn up at all,

 

just my thoughts ciao for now, MAZ

[Hopeful1]

Hi Lexis

 

You're letters look fine although only had a quick glance. Make sure you send copies to FOS and let MBNA you are doing that as the account is in dispute.

 

Once you receive your letter from FOS with a reference no. i would actually not bother responding. I, in the past, have just written to say something along the lines of......as previously stated this account is currently in dispute and is being dealt with by FOS. Please refer all correspondence to them using reference no. *BLAH*.

 

Again i've sent copies to FOS. They shouldn't be contacting you let alone harrassing you once FOS are looking into it.

 

AA - there's something on the site about court buddies. I haven't got time now to look for the link though, sorry - it may be around the bank charges forum x

[lexis200]

Once you receive your letter from FOS with a reference no. i would actually not bother responding.

 

But what will I do with my time:confused:

[angel_1]

But what will I do with my time:confused:

 

 

hey lexis

 

time,,,,,dont worry, plenty to do here, lol

 

and eat cake,,,,hahhaha

 

 

keep positive and hiya to everyone else here ciaooooooooo maz

[lexis200]

We seem to have started getting calls from Robinson Way. I don't know definitely if it's to do with this account, but seeing as the others are covered by BOS I'm guessing it is.

 

Give them their due though, they wouldn't discuss anything with me, not even who they were phoning on behalf of (dammit). OH doesn't feel up to speaking to anyone banky at the moment so I guess we're at stalemate there.

 

Are they actually allowed to be passing the account round whilst a complaint is going though? I've got one complaint (the one that wasn't actually a complaint!) being 'looked into', the other is being prepped soon for the FOS (haven't been able to do that yet due to personal stuff). I was sure that just having a complaint with them though meant that they shouldn't be doing things like this?? I just want to know for the FOS complaint!

 

maz - not so much on cake, but I was eating the ol' After Eights again last night... reduced to 35p in Tescos coz of damaged packaging, but they're the milk ones. Just not right:(

[Hopeful1]

Hello to the chocolate lady

 

When BOS finally get around to writing following the same principle i discussed earlier - reply acc is in dispute, all correspondence being forwarded to FOS, 'ere is refernce, now bug off...you get the idea!

 

If you have time to fill you could complain to the OC about passing the acc on when it is clearly in dispute.

[lexis200]

Hello there Hopeful:)

 

Well, it appears that Robinson Way aren't actually MBNA, as we had a Notice of Intended Court action from them on behalf of HBOS. This is the second one, as the first came from Blair Oliver Scott about a month ago, and they had until today to respond to the CPR request they were sent. Naughty naughty HBOS!

 

MBNA on the other hand have sent me another final letter, claiming they didn't receive any correspondence between the beginning of Sept. and the 30th October (so the five letters they signed for in the meantime obviously don't count). They have said they've taken our number off their list though so the calls should stop.

 

Still haven't answered about the bl***y offer though!

 

I have to do the FOS complaint asap, but we have too much personal stuff going on at the moment for me to get my head round it, so it's going to have to wait till I'm more in the mindset for it.

[angel_1]

hiya lexis

 

just read the updated info, i cant believe that mbna are such impersonal muppets, you see its good to take the option on getting signatures for our letters, keep those confirmations safe, it can be part of your complaint to the fos

 

i do hope they have taken your number off finally a bit of peace

 

im still doing my fos, but want to check something out with RMW first and then once gone, i promise i will see if i can help you to fill yours a bit more quickly - am off for the rest of the week this week, and this is now my priorty for me

 

keep happy and guess we have to tackle as much as we can when we can

 

ciao for now MAZ

[lexis200]

Cheers maz, much appreciated:)

 

I've just checked and it seems that not only did they sign for the letters that their VP is claiming they didn't receive, but they actually included copies of them in the S.A.R - (Subject Access Request)

 

She also stated that the CCA had been fully complied with - not with new t's and c's it hasn't, but if she wants to explain that train of thought to the FOS that's her problem.

 

I'm getting OH to phone the FOS tomorrow to try and get a reference no. over the phone (RedVixen did this so I'm going to give it a shot!). If we get this, I'm going to get OH to phone them to state the number - then he can hang up:D I will obviously also write and confirm it, but I want then to know asap as he's had yet another letter requiring a response, this time by the 26th (it came today). I just can't be a***d to do a proper letter, so if he can phone and tell them to sod off as it's with the FOS, then I can just do a short Foxtrot Oscar letter to them and save an hour of my time!!

 

I've written out a list of all correspondance and phonecalls to and from them this evening - 20 letters from them since the 7th July, but only a dozen or so phone calls. Oh, and the last four letters came as a duo - two letters with the same date on one day, two dated one day apart on another day. If that's not harassment I don't know what is:mad:

 

Lexis

[lexis200]

OH has got a number from the FOS, so I've just drafted a quick sod off letter to MBNA. Should he bother phoning to let them know, or do I just send the letter?

 

Dear xx

 

Thank you for your letter dated xxNovember, received xxNovember.

I appreciate it was your final response, so I am now enclosing the reference number for my complaint to the Financial Ombudsman Service.

 

The number is xxxxx. Please ensure this is noted on my file, and also note that any further erroneous correspondence from your staff or your representatives will only serve to back up my complaint.

 

I trust you will forward this information on to each of the six Heads of Customer Service who have been writing to me, as I am no longer willing to spend £1.08 on each letter to ensure you cannot deny receiving them.

 

On that note, your statement that MBNA had not received any letters prior to the one dated 30th October was rather misleading. All five letters I sent were not only signed for by your company, but copies were included in my S.A.R - (Subject Access Request) which you sent at the end of last month. This only adds to the litany of mis-information your company has offered me.

 

Lastly, thank you for removing me from your 'calling strategies'. I would appreciate it if you actually tell your staff this at some point though, as I have received two calls on my answerphone after the date on your letter, both from a gentleman who insists I 'need to phone' him.

 

Here's hoping you come down with explosive diarrhoea.

 

Yours faithfully

Edited November 25, 2008 by lexis200
coz I'm a complete fool!

[lexis200]

Well apparently the VP doesn't hold much sway:rolleyes:. Call tonight from someone who I think is called Grove Hazel?? He's called before - very bored he sounds too. I would have picked up if we were in as I'm up for it at the moment - cross fingers he calls back tonight while I'm still in the mood:D

[lexis200]

FFS!!!!!!!!!!!!!!!!

 

They've sent another sodding 'We're looking into your complaint' letter. I haven't done a complaint - in fact I've acknowledged they've given their final answer (some hope!!) and told them I'm taking it further! No complaint, pure information! How much clearer can you be that it's not a complaint?? Perhaps I should take to writing NOT A FORMAL COMPLAINT at the top of each letter???

 

Hopefully they'll be getting my letter with the FOS ref no in it tomorrow, so at least they might stop answering non-bl**dy-existent complaints!

 

OH did suggest a bit of subliminal messaging on my next letter. Perhaps watermarking F*** **F in faint grey across the entire sheet, just enough to be seen, but not really taken it unless you focus on it.

 

I favoured the more direct route of a blazing big one in red across the middle of the sheet. Short and to the point.

 

Dear Sir

 

F*** **F!!!

 

Yours faithfully

 

You know what I'd get in return though -

 

Dear Mr Lexis

 

We are looking into your complaint...

 

 

Now where did I put that medicinal Wispa, I feel I need it

[angel_1]

hello lexis

 

back to form - good on you

 

you should write to them and say """ The B....... y Computer says NO" hahahah

 

have a fun day , i got some of my fos letter done but bos took over today and hopefully thats a good result for me so far so good

 

but back to fos with a vengeance and other letters tomorrow will be up early to tackle

 

see you all laters ciao for now MAZ

[AA99]

Hey girls, don't forget, don't get mad, get even I am going to be offline after tomorrow for a week and although MBNA have gone silent on me, I've had 5 calls (recorded of course) from Crapone so they are pre-occupying me right now.

[steven4064]

Advertisement

 

please read http://www.consumeractiongroup.co.uk/forum/mbna/169889-harassment-mbna.html

[lexis200]

Hi Steven

 

Would 3 calls in 3 weeks count as harrasment though? I know I've told them writing only, but it seems more of an annoyance than anything, especially after reading what other people have to put up with...

[steven4064]

I think realsitically it needs to be several times a day, several days a week for a few weeks to be considered harassment - some people get that though. We are looking for a case like this where we have or can get good evidence and user who is prepared to go all the way to 'get them'

[lexis200]

Well I'd certainly be willing to help get them, but they don't seem to love me enough to keep phoning, they seem to prefer pointless letters for us

[steven4064]

they don't seem to love me enough to keep phoning, they seem to prefer pointless letters for us

It would be very interesting to know why they harass some people by phone and others not. I wonder if there is a pattern? Anyone feel like doing some research - trawl through the MBNA threads and see if you can discern a pattern? Anyone with time on their hands?