Darset v MBNA

[Talbot]

subbing with great interest

[Darset]

DPA stuff

 

MBNA has now replied to my request for clarification about my earlier SAR - or, at least, I think that's what they were talking about, because it wasn't very clear.

 

However, another thread has an interesting discussion around securitisation, the practice of bundling accounts into a large pool, selling this to a separate special purpose vehicle (SPV) or company which then divides that up into shares which it sells to investors. Essentially a finance house like MBNA exchanges a long-term revenue stream for immediate discounted income. Some 80% of MBNA funding derives from that. See http://www.consumeractiongroup.co.uk/forum/mbna/184041-all-mbna-caggers-fight-30.html

 

So I thought it might be worth stirring things up further by asking if either of my accounts had been so dealt with and as it seemed to me there were DPA issues involved I've just written then the attached letter.

Edited April 1, 2009 by Darset
Attached file removed and replaced

[the_shadow]

DPA stuff

 

MBNA has now replied to my request for clarification about my earlier SAR - or, at least, I think that's what they were talking about, because it wasn't very clear.

 

However, another thread has an interesting discussion around securitisation, the practice of bundling accounts into a large pool, selling this to a separate special purpose vehicle (SPV) or company which then divides that up into shares which it sells to investors. Essentially a finance house like MBNA exchanges a long-term revenue stream for immediate discounted income. Some 80% of MBNA funding derives from that. See http://www.consumeractiongroup.co.uk/forum/mbna/184041-all-mbna-caggers-fight-30.html

 

So I thought it might be worth stirring things up further by asking if either of my accounts had been so dealt with and as it seemed to me there were DPA issues involved I've just written then the attached letter.

 

Darset!!!!

 

Please remove the DOC, it has your address on top!!!!!!!

PmW

[Darset]

Thanks, pmw. Tsk, tsk! It must be the excitement getting to me, or maybe this beautiful spring day.

 

File duly replaced.

MBNA DPA follow up 01.rtf

[the_shadow]

Thanks, pmw. Tsk, tsk! It must be the excitement getting to me, or maybe this beautiful spring day.

 

File duly replaced.

 

no probs... great minds must think alike:D re: securitisation.

 

I did post on the other thread about the DPA for Jersey and the possibility of finding out about the accounts held in an SPV that way.. but really it'll be useful to see if it prods them to respond to your requests in a more favorable way.

 

PmW

[citizenB]

Darset, sounds like you might have spoilt another day for Mr Hughes

[the_shadow]

Any update Darset or are MBNA ignoring your letters too?

 

S.

[Darset]

Sorry - I've been frantically busy with other stuff but I'll post an update very shortly. In fact, yes, MBNA continues to ignore letters and just trundles on down the standard arrears letter, 'we can help' route. In fact the ICO was quite interested in certain matters and Trading Standards seems to be as well. More later.

 

Just curious, Shadow, why have you changed your nickname/ image?

[the_shadow]

Sorry - I've been frantically busy with other stuff but I'll post an update very shortly. In fact, yes, MBNA continues to ignore letters and just trundles on down the standard arrears letter, 'we can help' route. In fact the ICO was quite interested in certain matters and Trading Standards seems to be as well. More later.

 

Just curious, Shadow, why have you changed your nickname/ image?

 

logon name; I rather stupidly used something that literally pointed straight to my real identity (albeit back in 2006 when debts were not my concern and reclaiming bank charges was, if only I had had a crystal ball) hence the change.

 

Re:Letters; Glad somebody is taking an interest, I've complained to my MP copying in MBNA, just to see if it makes a difference really.

 

S.

[Darset]

Long delayed update ...

 

Apologies for being slow in posting things. Things have been hectic, not helped by wasting time on this ridiculous MBNA nonsense. Essentially, yes, MBNA is ignoring my letters and continuing blithely to assume it’s a straightforward matter of failure to pay.

 

Periodically I get standard letters advising me to “ ... Act Now Before It’s Too Late” (presumably the capital letters are intended to add gravitas) claiming arrears and sometimes reiterating that MBNA will forgo this sum or that to help me resolve the situation. These have mostly come in the past from Dee Dillistone, claiming to be Head of Customer Assistance, but recently a new name has popped up, Paul Campbell who claims simultaneously to be, yes, you’ve guessed it, Head of Customer Assistance, before our Dee weighs back in again. I have asked them if there’s some sort of internal battle raging for the headship but I’ve not had a satisfactory answer to that question.

 

I’ve replied regularly to both Dee and Paul – and, indeed, to others; see later – pointing out on each occasion that I’m waiting for their proper responses, including a reply to my earlier letter to Mark Dawson (now copied all over the place) but, sadly, neither have had the courtesy to answer. I’m beginning to wonder if there’s some truth in their earlier comment that “Occasionally, we may not live up to our promises to provide you with a high quality of service.” extraordinary though that idea might seem.

 

I have, as I mentioned earlier, now written to both the ICO and the OFT, the latter through the local Trading Standards Office. Each has expressed considerable interest in the shenanigans involved but I’ve yet to have a full reply from either. The tSO thought that the Unfair Relationships legislation might also be relevant here.

 

More recently, two modest and self-effacing arrears-chasers have telephoned me. One claims to be called ‘John’, the other ‘Evan’ but each declines to reveal any further information on the grounds, according to ‘John’, that he doesn’t want his details ‘plastered all over the internet’ as apparently happened with his colleague Mark Dawson. I did try to explore why he was embarrassed about his name being known in connection with MBNA but that didn’t get me anywhere. I genuinely couldn’t think what he was talking about but I came to realise that, of course, he means this forum.

 

It’s inevitable, I suppose, that the posting of unique letters will lead to the eventual linking of an individual with a forum nickname. Certainly if I were running a team of cowboys harassing alleged debtors and knew of such a forum one of the first things I’d do would be to cross-reference any posted documentation with office originals received; however – are you listening, ‘John’ and ‘Evan’, not to mention all the others? – I’d warn everyone not to give the game away as ‘John’ did merely because – a basic rule of surveillance – you might much more interesting stuff out if whoever you’re tracking doesn’t know you’re doing it. While I’ve always been fairly circumspect I’m now naturally going to be far more so.

 

‘John’ promised to give me his phone numbers but, sadly, chickened out before doing so. He denied any knowledge of my letter to Mark Dawson with its statements of MBNA failures and my counter-offer so I offered to copy it to him. Presumably afraid that I would plaster his email address (with, I presume, his surname) ‘all over the internet’ he gave me his boss’s one instead. Presumably his boss, Adam Bedford, doesn’t care if he’s known as an MBNA minion, particularly as he seems to be an MBNA rugby side stalwart. Rather than clutter up further this already long note I’ll post the accompanying email to Adam in a separate, following, note. ‘John’’s brief was to persuade me to pay something, with threat of reports and defaults, but I refused, as ever.

 

‘Evan’ then took over the watch – he’s not given me phone numbers either – with the same brief of trying to get a payment out of me. He also threatened default and was totally uninterested in my assertion that MBNA was failing in its obligations. He kept asking, as a kind of moral pressure, whether I had ‘spent the money’ and seemed quite unable to grasp the central point of the dispute. At least he admitted knowing of my letter to Mark Dawson and claimed that the reason no one had responded was because the offer was ‘derisory’. Nothing about all the rest. What single-track minds these people have! Following that first call I sent another email to Adam Bedford and this is also copied next.

 

‘Evan’ called me again this morning, once more seeking payment. He also claimed that there was now only one account with MBNA the other having been defaulted and sold on. I pointed out that MBNA was thereby acting illegally, not just on account of the real dispute but also because MBNA had given no notice. ‘Oh yes we have’ he said ‘I told you last week that that would happen.’ (I paraphrase, but that’s the gist of it.) I pointed out that, inconvenient though it might seem to MBNA, there were certain legal processes which had to be followed, including formal notices and relevant time periods. He didn’t seem to think that this mattered and that my pointing such trivialities out to him was mere quibbling of the kind I’d been indulging in for seven months. In the end I found the whole conversation so ludicrous, surrealist almost, that I could hardly talk for laughing, something which made ‘Evan’ quite shirty and we duly finished our discussion on a frosty note. I fear ‘Evan’ thinks I’m not treating this with the gravitas it deserves. I shall need to learn to speak solemnly and in Capital Letters.

[Darset]

Following on, here's the text of the emails to Adam Bedford. The first was sent following 'John''s request to see the letter earlier sent to Mark Dawson; the second was sent as a formal warning following the first discussion with 'Evan'.

 

Hi Adam

 

 

Your underling who calls himself 'John' but modestly declines to reveal his name called me this morning to have a discussion about what MBNA persistently, and wrongly, refers to as 'outstanding arrears'. I pointed out that I was still waiting for an answer to a detailed letter which I sent to yet another of your MBNA colleages, Mark Dawson, around a month ago both by post and by email and in response to his settlement offer letter.

 

 

'John' claims not to have seen that letter and although that's perfectly understandable what is not is that, firstly, there should be no reference to the relevant contents on my file and, secondly, that anyone such as 'John' who's tasked with ringing up clients in the way he did today should not first be made fully aware of the present situation. I see from my records that the relevant letter was posted on 25 March, emailed to Mark Dawson at 14.25 on the same day and referred to subsequently in letters to Dee Dillistone on 16 April and to Paul Campbell on 17 April (each of these latter two claiming to be 'Head of Customer Assistance' - a curious use of language don't you think?) and as I pointed out to 'John' an organisation which was acting efficiently and professionally, and which was genuinely seeking to resolve a dispute, would have sought to answer my letter rather than simply ignore it as appears to be the case.

 

 

There's the implication, of course, that the letter was not received but I simply don't believe that for a minute, for the reasons given above. At any rate, here it is again, attached to this email, for the attention of 'John' (and yours too, naturally, should you wish to read it and perhaps advise 'John' and your other relevant underlings that finally taking the matter seriously might be a good idea - I don't play rugby myself but I believe there's a term in defensive play which is relevant here). If you do read the letter I suggest you pay particular attention to paragraphs 8 and 9, which refer to the relevance of the CCA request and the legal implications of failure to comply; paragraph 10, which refers to other breaches of possible (and now, as it happens, actual) interest to the ICO; and paragraphs 12 and 13 where I set out in clear detail a proposal to bring this dispute to a close.

 

AND

 

Hi Adam

 

 

Given that you have, apparently, some managerial status relating to MBNA's collection procedures I'm writing to you to advise you formally - as I did with your colleague 'Evan' who telephoned me a few moments ago - that if you take action, as threatened in that telephone call, to put either or both of the accounts currently in dispute between MBNA and me into default then you will be acting illegally and that I shall then take what action I consider necessary to redress matters. The detail of MBNA's failure to act in accordance with their statutory obligations is set out, among other places, in my letter of 25th March to your colleague Mark Dawson which I copied to your email address on April 25th and which has otherwise variously been sent to MBNA and which I know has been received. I appreciate that MBNA is ultimately a US company but that does not give it licence to ignore UK law and I suggest it would be better for the company were it to remember that and to act in a more professional manner so that we can bring this ridiculous charade to an end.

 

No response to either, needless to say.

 

 

 

 

 

 

Edited May 6, 2009 by Darset
Corrected spelling error

[mad murdoch]

Hi Darset

 

I recently had dealings with mark dawson and also found him to be somewhat unsympathetic to my situation.

 

My accounts have now been sold to aktiv capital, i found this out when i was handed a court summonce at my door by one of there representatives.

 

Have you had anything like this yet?. If so from who, and if i was you and still hade the oppertunity or means to pay I would look to get an arrangement in place with them asap. Its got to be better than a ccj.

[the_shadow]

Hi Darset

 

I recently had dealings with mark dawson and also found him to be somewhat unsympathetic to my situation.

 

My accounts have now been sold to aktiv capital, i found this out when i was handed a court summonce at my door by one of there representatives.

 

Have you had anything like this yet?. If so from who, and if i was you and still hade the oppertunity or means to pay I would look to get an arrangement in place with them asap. Its got to be better than a ccj.

 

Hand delivered a court summons? Hmmm the court sends these out by general post or are you referring to a Stat Demand which can be served personally? Either way if you need help start a new thread and post a ref to it on this thread, quite a few people on here who can help.

 

Having been on this thread since the beginning I would say I rate Darset's chances in court against MBNA. I think it would be more than possible to portray MBNA as "rotten to the core" to directly quote an MP and the masses of paper trail only show their ineptitude and unwillingness to answer in anything other than template letters.

 

S.

[mad murdoch]

Sorry yes it was a stat demand, what do you suggest i do in regards to this?.

[citizenB]

Sorry yes it was a stat demand, what do you suggest i do in regards to this?.

 

Start a thread in your own name IMMEDIATELY and take steps to get it set aside.

[citizenB]

Darset, sounds like you are having a fun time upsetting the staff at MBNA So very unprofessional not to have at least answered your letters properly.

[Darset]

Hi Darset

 

I recently had dealings with mark dawson and also found him to be somewhat unsympathetic to my situation.

 

My accounts have now been sold to aktiv capital, i found this out when i was handed a court summonce at my door by one of there representatives.

 

Have you had anything like this yet?. If so from who, and if i was you and still hade the oppertunity or means to pay I would look to get an arrangement in place with them asap. Its got to be better than a ccj.

 

Well, thanks for your advice MM but a CCJ doesn't arise as MBNA has told me repeatedly that they have no intention of initiating court proceedings. I've actually encouraged them to take court action but they're having none of it. I suspect that's because they know that the judge would get as hysterical with laughter as I did during my recent discussion with 'Evan' and so they prefer to ride roughshod - that was another phrase I used with 'Evan' and he got a bit shirty about that one too, for some reason - over legal niceities. Anyway, as I've pointed out to them repeatedly, it's up to them to reply to my outstanding letter if they want to take the settlement offer further.

 

As for Mark Dawson, it wasn't that I found him unsympathetic, simply that his mind was running along the tramlines of getting some cash out of me, presumably because he was anxious about his commission. YMMV, of course.

 

Never heard of Aktiv so it'll be interesting to see if that name turns up in my own case. Of course it MBNA does sell either of my accounts on they'll be in even worse trouble than they are now.

 

Anyway, I do hope your own situation gets sorted promptly. It must be worrying for you. As others have suggested, start your own thread on this immediately so that you can get the support and help for which this forum is noted, fighting these - as you will already know - ignorant and unprofessional cretins, MBNA.

[Darset]

And a new approach, an email from one Neale Darracott ([email protected]) but with no indication of position, status or anything else, who wrote:

 

Dear Sir,

Please can you call 01244 672 355 urgently?

Monday - Thursday 8am till 9pm

Friday 8am till 5pm

Saturday 8am till 12pm

Alternatively please reply to this email stating you are happy to discuss your accounts via email.

It is imperative we speak ASAP.

Kind Regards

to which I replied:

 

Hi Neale

 

 

What a pleasure to hear from yet another new name at MBNA even if that's tempered somewhat by the realisation that what you've sent is not a unique email at all but merely a standard one, part of a current general forwarding exercise, and unsigned at that.

 

 

I can see from the RFC headers that it does indeed originate from Bank of America and that the phone number is real and is located close to MBNA HQ. But apart from that what it most reminds me of is one of these teasing messages from the likes of Dr M'screwem, Chief Cashier of the Bank of XXXX, who's discovered $25 million in the account of a customer who died in the recent civil war between - oh, I don't know, you make it up to fit - and wants me to help him liberate it in return for a half share, you know, a 419. Don't you think that a slightly more, how shall I say this without giving unnecessary offence?, professionalapproach would sit better with the image of an organisation which, following the implosion of CitiGroup is now the largest financial services company in the world and claims, with wonderful chutzpah*, that it's "the bank you trust".

 

 

Of course I'm not going to call you or discuss in any significant detail any accounts using the electronic version of a postcard. You well know, I'm sure, that MBNA has not only committed a CCA offence but continues to compound that, a matter of current interest to the Trading Standards office as are some issues around subject data of current interest to the Information Commissioner's Office. Further, I replied promptly around six weeks' ago to the letter from your colleague Mark Dawson where I set out not only where MBNA had failed but offered also a shortcut to conclude this business and so save us both time and effort. I'm waiting for a reply to that letter.

 

 

Regards

 

 

* Chutzpah - a Hebrew word the meaning of which is perhaps best illustrated by the example of the man who was convicted of the double murder of his parents and claimed clemency on the grounds that he was now an orphan.

 

-------------------------

 

What planet do these people think they're on?

 

 

Edited May 8, 2009 by Darset
Correcting formatting error

[citizenB]

Csm..

[the_shadow]

What planet do these people think they're on?

 

I cant see what they have to gain from these games, they should clearly know by now that you are not the sort to back down. I dont see why they just dont cut their losses and come to the table with at least a counter offer?

 

Do these people just create paper crap and send emails to look busy? Are they all under the threat of the chop? Although going by the job titles of some of my letter writers it must be a building staffed with chiefs and no little indians running around.

 

Bizarre!

 

S.

[Darset]

Quite! I'd guess the issue is to do with internal divisions and lack of communication. Once the chasing department gets their teeth into things they think of nothing else but getting money for what they consider is a legitimate debt and any letters sent there get no further. Any suggestions of inappropriate behaviour, for whatever reason, fall outside their limited tunnel vision and so are simply not considered. It happens I'm going to test this for certain reasons by writing to a completely new person and department - more later.

 

Had another call yesterday from 'Evan' who again urged me to pay some money, warning of impending default registration. I again pointed out MBNA's CCA failure, among other matters, to be told that 'MBNA hadn't lost on a CCA issue yet'. Fine, I said, take me to court then and we'll sort it out there. Perhaps you'll lose this one. Oh no, says 'Evan', we never take people to court! Duh! And here was me thinking we were both speaking English.

 

I'm sorry to say I also amused myself by baiting him a bit about his, and his colleagues', disinclination to give their names. "I expect you're just embarassed about your acquantances and friends knowing what you do for a living, is that it? You don't want your neighbours knowing who you work for, I expect." "You don't know where I live" he said. Well, that's true enough but unless he lives in a very large field or maybe on top of a mountain I imagine he's got neighbours somewhere nearby.

 

Interestingly, he also tried a bit of amateurish quasi-threatening by telling me what I did for a living and referring to my web site - which was interesting, except that I don't actually have a web site and haven't worked in the profession he claimed for some 25 years.

 

So a fun time was had by all.

[citizenB]

 

Had another call yesterday from 'Evan' who again urged me to pay some money, warning of impending default registration. I again pointed out MBNA's CCA failure, among other matters, to be told that 'MBNA hadn't lost on a CCA issue yet'. Fine, I said, take me to court then and we'll sort it out there. Perhaps you'll lose this one. Oh no, says 'Evan', we never take people to court! Duh! And here was me thinking we were both speaking English.

 

 

 

That one has to be a classic. They have never lost on a CCA issue.. but havent taken anyone to court

[BlueSquirrel]

I wrote them a letter headed

 

You Need To Reply To My Correspondence!

 

Bold letters, capitals and exclamation marks seem to have some kind of special magic powers so I thought I would give it a go.

[the_shadow]

I wrote them a letter headed

 

You Need To Reply To My Correspondence!

 

Bold letters, capitals and exclamation marks seem to have some kind of special magic powers so I thought I would give it a go.

 

If 8 weeks have passed and they havent responded to it, complain to the FOS, at the very least they have to pay for each complaint investigated

 

S.

[lexis200]

I wrote them a letter headed

 

You Need To Reply To My Correspondence!

 

Bold letters, capitals and exclamation marks seem to have some kind of special magic powers so I thought I would give it a go.

 

lmao:D:D