Re: Distressing phone call from MBNA

[andrew1]

Hi everyome just a big thanks to everyone who has helped me with advice and moral support this last year and hope we will have countinued success in the new year of giving those scummy DCAS a hard time!

 

It's the Holy Grail of the Cabot Fan Club to ensure we do ( and a whole load of others too )

[Muffintop]

Hya Sunflower, obviously your thread and mine are not a million miles away from each other, Im surprised that mbna havent contacted me, I did send them a letter stating that their cca they sent was unenforceable and therefore I acknoweldge no debt... Im unclear myself as to when complain to ts and oft and from reading other threads it seems that ts are not that interested, scabhunter has cleared up for me when to contact fos, Im trying to take each step as it comes along,one thing Im unclear about now since reading your last few posts is what this final correspondance means.. if they say they dont want to discuss the matter any further with me I will prob acknowledge that letter and stand my ground as to original cca until they want to take me to court, check my experian file regularly for any defaults. and wait.

[sunflower99]

It's the Holy Grail of the Cabot Fan Club to ensure we do ( and a whole load of others too )

Hi Andrew1!

yes! and like Hellhasnofury says remember to think in terms of MBNAS problems with us not the other way round!

[cashins]

remember to think in terms of MBNAS problems with us not the other way round!

 

Agree with that!

 

Happy New Year

 

David

[sunflower99]

Hya Sunflower, obviously your thread and mine are not a million miles away from each other, Im surprised that mbna havent contacted me, I did send them a letter stating that their cca they sent was unenforceable and therefore I acknoweldge no debt... Im unclear myself as to when complain to ts and oft and from reading other threads it seems that ts are not that interested, scabhunter has cleared up for me when to contact fos, Im trying to take each step as it comes along,one thing Im unclear about now since reading your last few posts is what this final correspondance means.. if they say they dont want to discuss the matter any further with me I will prob acknowledge that letter and stand my ground as to original cca until they want to take me to court, check my experian file regularly for any defaults. and wait.

Hi Muffintop!

yes i will acknowledge that letter they sent me and include the words of the above excellant letter you quoted to make it clear i now consider account in dispute and make it clear that i still dont consider what they sent me enforceable!It is a bit confusing knowing what to do,when DCA start encouraging people to report them to FOS! On one hand it is great to get your grievance against them reported even if it is just mainly an issue of a unenforceable or to politely put it a misleading arrangement of photocopied and reconstructed papers and application forms made to look like a enforceable CCA the more times it is bought to the attention of organisations such FOS OFT and TS and MPS the better! but as you say on the other hand like Cashins and others say on this thread it also gives these rotten banks something to crow about when FOS sits on the fence and refuses to make a decision and says it is up to courts!so it is not all that easy to knows what to do for best!

[sunflower99]

Hi David!

Happy new year to you too!Thanks for moral support advice and helping me get things in perspective!

[sunflower99]

i just got a response to my MBNA SARs request i sent a few weeks ago but they are now requesting a copy of a signed passport or driving licence but i dont have either of those! i did point out in the template SARs request letter that they always been happy to send confidential information to my adress before! but they are stalling for time i suppose now and i not sure what to do now.I could offer to send them a recent statement they did for me but would welcome any advice what to do about this sars request response from MBNA?

[cashins]

I could offer to send them a recent statement they did for me but would welcome any advice what to do about this sars request response from MBNA?

 

Not had that problem with them but sounds like par for the course.

 

Someone else will need to advise on that.

 

David

[Muffintop]

couldnt you send copy of birth certificate and a couple of household utility bills, that would be sufficient surely expecially as they have also been sending your statements, def a stalling tactic

Next sept Information Comissioners Officer, they are on the web and you can make an online complaint with a form they have on their site. They deal with data protection act issues like this

Edited January 8, 2009 by Muffintop
further thought

[Fred Bassett]

couldnt you send copy of birth certificate and a couple of household utility bills, that would be sufficient surely expecially as they have also been sending your statements, def a stalling tactic

Next sept Information Comissioners Officer, they are on the web and you can make an online complaint with a form they have on their site. They deal with data protection act issues like this

 

 

Either that or a ploy to get hold of your signature. The SAR request still stands. Don't give them anything with your signature on it unless you alter it substantially (and if you do, make sure you've got a copy of it). That way, if they write back and say "that's not your signature" then you know that they've got a copy of it already. On the other hand, if the amended signature suddenly appears on a document from a few years back you've got them by the knackers.

 

Fred

[Muffintop]

takea look a Mum V Mbna's thread the Site Team Expert has put some good points on there recently about data protection uncooperation and what you could do

[AA99]

couldnt you send copy of birth certificate and a couple of household utility bills, that would be sufficient surely expecially as they have also been sending your statements, def a stalling tactic

Next sept Information Comissioners Officer, they are on the web and you can make an online complaint with a form they have on their site. They deal with data protection act issues like this

 

I have just reported them to ICO, who have acknowledged (almost immediately) and am waiting for a response now.

 

http://www.consumeractiongroup.co.uk/forum/mbna/160558-aa99-mbna-account-1-a.html

[sunflower99]

Either that or a ploy to get hold of your signature. The Subject Access Request request still stands. Don't give them anything with your signature on it unless you alter it substantially (and if you do, make sure you've got a copy of it). That way, if they write back and say "that's not your signature" then you know that they've got a copy of it already. On the other hand, if the amended signature suddenly appears on a document from a few years back you've got them by the knackers.

 

Fred

Hi Fred and Muffintopi am not very keen on sending things like birth certificates marriage certificates through post .I think its ridiculous uusing this ploy as they have been happy to send me all my confidential statements to my address up to now i cant find that link you mentioned Muffintop!surely sending one of MBNAS old statements back to them should be proof enough so still not sure what to do!

[AA99]

I have just reported them to Information Commissioners Office, who have acknowledged (almost immediately) and am waiting for a response now.

 

http://www.consumeractiongroup.co.uk/forum/mbna/160558-aa99-mbna-account-1-a.html

 

 

Got a phone call out of the blue on Monday however, did refuse to speak to them on the phone.........

[angel_1]

i just got a response to my MBNA SARs request i sent a few weeks ago but they are now requesting a copy of a signed passport or driving licence but i dont have either of those! i did point out in the template SARs request letter that they always been happy to send confidential information to my adress before! but they are stalling for time i suppose now and i not sure what to do now.I could offer to send them a recent statement they did for me but would welcome any advice what to do about this sars request response from MBNA?

 

 

hiya sunflower

 

i got that remember i told you ? or maybe not

 

anyway i wrote a good letter and they asked me either to fax details or call them to go through security, i opted for the phone call and i just was asked my date of birth , mothers maiden name and full address, and that was it

 

do you want the copy of my letter i used so you can adapt?

 

i refused to send out my personal details

 

anyway let me know laters angel x

[sunflower99]

hiya sunflower

 

i got that remember i told you ? or maybe not

 

anyway i wrote a good letter and they asked me either to fax details or call them to go through security, i opted for the phone call and i just was asked my date of birth , mothers maiden name and full address, and that was it

 

do you want the copy of my letter i used so you can adapt?

anyway let me know laters angel x

Hi Angel!

Thanks! I would love a copy of that lettter and would rather like you go through security details by phone as a lot easier and even if i wanted to i have not got anything suitable to send them .My travelling days are well and truely over now so my passport over 35 years out of date and in my maiden name! and i dont drive! i dont dare! knowing what im like ! and ive got no sense of direction would probably end up in up the other end of the country when i just wanted to go somewhere local! LOL and probably crash and trash my car and someone elses in the process! i am a female version of Frank Spencer in that comedy Some Mothers Do Have Them! Do you remember that one with Michael Crawford in it! i am rather accident prone and if there is anything to bang into trip over or fall of im the one!:)Thanks again youve been very helpful as usual angel!

luv from Sunflower xxx

[sunflower99]

Got a phone call out of the blue on Monday however, did refuse to speak to them on the phone.........

Hi AA99

MBNA seem to have been leaving me alone for moment!I have not had any phonecalls or threatograms lately but i expect like you i will get one out of the blue! Dont let the beggers get you down!

[Muffintop]

Hi Fred and Muffintopi am not very keen on sending things like birth certificates marriage certificates through post .I think its ridiculous uusing this ploy as they have been happy to send me all my confidential statements to my address up to now i cant find that link you mentioned Muffintop!surely sending one of MBNAS old statements back to them should be proof enough so still not sure what to do!

 

Mum v MBNA ( by indebtstudent xx

[sunflower99]

Hi Muffintop!

Thanks for link !:)x

[sunflower99]

[sunflower99]

Just another friendly letter from MBNA! My first new year threatogram from them! To say they have not forgotten about me!

[Candylee]

MBNA harrassment :- telephoned 10 + times per day! posted copies of doctors sick certi (stress and depression) calls continued. BT said, they could not stop calls from call centre in India. I called MBNA - Indian man apologetic," yes! maam, i understand you are ill etc etc" calls continue. Caused stress to the degree that now my mother has suffered a heart attack. Complaint against MBNA to FOS dated Sept 07, and letter to OFT.

Any suggestions: legally????

[sillygirl1]

Re complain - every time a call comes in log it and log a complaint, after all they are re-offending and each offence is causing distress. Play them at their own game, also for every letter you receive send them a reply and an invoice for £35, informing them that all calls are being automatically recorded and logged.

[sunflower99]

MBNA harrassment :- telephoned 10 + times per day! posted copies of doctors sick certi (stress and depression) calls continued. BT said, they could not stop calls from call centre in India. I called MBNA - Indian man apologetic," yes! maam, i understand you are ill etc etc" calls continue. Caused stress to the degree that now my mother has suffered a heart attack. Complaint against MBNA to FOS dated Sept 07, and letter to OFT.

Any suggestions: legally????

Hi candylee

So sorry to hear that MBNA are making your life a misery with harresing phonecalls .They are really one of the worse banks for harrasement but you have joined the right place here where you will get plenty of help advice and support.i will bring up Freds post that he first put up on this thread when i first joined forum which gives a link on how to deal with telephone harrasement in case you did not spot it on post 8 of this thread.It does contain some useful information.

[sunflower99]

Hi Sunflower, the post on dealing with telephone harassment is here: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131475-dealing-dcas-phone-calls.html - unfortunately I can't find the one about going to court at the moment but I'll keep looking.

 

Regards.

 

Fred

Here is the link!in quote from Freds post