Jump to content


Harassment by MBNA


steven4064
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4279 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Actually, Data Protection Act may also be useful with respect to collating phone numbers - it is data after all. I'll add that to the list, it is a long time since I studied that act.

 

For starters, the Data Protection Act requires data about a subject to be:

 

  1. Fairly and lawfully processed
  2. Processed for specified purposes
  3. Adequate, relevant and not excessive
  4. Accurate, and where necessary, kept up to date
  5. Not kept for longer than is necessary
  6. Processed in line with the rights of the individual
  7. Kept secure
  8. Not transferred to countries outside the European Economic Area unless there is adequate protection for the information.

Retaining arbitrary phone numbers and calling them regardless of whether they belong to their customer or not could well be violating points 3, 4, 5, and 6 (especially where the person being called isn't even the customer the number is associated with).

 

Just a thought experiment: if a Data Controller such as MBNA stores your Granny's number because you once called them on it, then who is the "subject" they are storing that against? It can't be you because it isn't your number and it can't be your Granny's because she isn't a customer and even if she were then the data is being processed incorrectly as they are calling her about you.

 

I have yet to find anything in the other acts but am also Googling like mad to find any single or combination of provisions that would indicate that MBNA's actions are illegal (and any other corporation undertaking the same bad practices).

Edited by fleeced_by_rbos

I wonder if MBNA are the new Enron :roll:

 

Link to post
Share on other sites

  • Replies 367
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I believe that harrassment is a criminal as well as a civil offence.

 

Frankly, if they really overstep the mark, I would report it to the police.

 

The more police complaints against MBNA, the better. They don't hesitate to play hardball; neither should we.:cool:

Link to post
Share on other sites

It would make my year too, FBR - I'll send you a tena pad, shall I?;)

 

I'm going after them on a fraud angle, since they have sent me some very dodgy documents. I am going to have a word with the police about it in the next few days - my little christmas present to MBNA:D

Link to post
Share on other sites

It would make my year too, FBR - I'll send you a tena pad, shall I?:wink:

 

I'm going after them on a fraud angle, since they have sent me some very dodgy documents. I am going to have a word with the police about it in the next few days - my little christmas present to MBNA:D

 

Large man sized Pampers may be more effective, but enough of that!

 

That is great news about the Christmas present, do you have a thread where I can follow your fun?

I wonder if MBNA are the new Enron :roll:

 

Link to post
Share on other sites

Glad you want to follow the fun, Fbr. The thread is "Mbna 'agreement' - now threat of legal action" on the mbna forum - sorry it's not a proper link; haven't worked out how to do that yet

 

Here's the link Underdog:

http://www.consumeractiongroup.co.uk/forum/mbna/172769-mbna-agreement-now-threat.html

 

You can just copy the address from your browsers address bar into your post and the forum converts it to a nice link. To make the link point to a specific post, you can click the "permalink" button on the top right of the post and it will change the address in your browser, which you can then copy.

 

I'll be following your story. Good luck to you.

 

FBR

I wonder if MBNA are the new Enron :roll:

 

Link to post
Share on other sites

Interestingly, while MBNA have defaulted on providing with an enforceable CCA and haven't called me for a few weeks but have just left me a voicemail.

 

I have the message on voicemail and will cite this illegal call in my next letter to them. They really are complete and utter muppets who know not what is good for them.

I wonder if MBNA are the new Enron :roll:

 

Link to post
Share on other sites

I don't know if I should post this here so apologies if it is in the wrong place.

I have had a DMP, managed by CCCS, since Jan 2002. Until last month everything has been fine and I actually cleared two MBNA accounts a year early. However, two weeks ago I parted company with CCCS when an over eager counsellor demanded that I close my current account (10 years old) because I have an overdraft facility on it. I refused because this hasn't been an issue. I approached all my creditors and they all willingly accepted my offer to continue making reduced payments through standing order, except MBNA!

They have said I have 11 months of arrears on my DMP???? I made an offer to continue to pay at a reduced rate, and they said that as my offer is more than the minimum repayment figure on the card that they would now re-instate my account. The MBNA rep must think I'm stupid, beacuse what she meant is we will re-instate your interest on this account, 19.9% each month. I told her that I had been paying back more than the minimum repayment figure every month for the last 4 years, and had not been paying interest, so what has changed now? The difference is they can't bully CCCS, but they can bully me. So as of this moment my DMP has been removed and they are going to force me to pay interest every month. I am now going to build all of the debt back up that I have worked so hard to clear!! She said I can't complain because that is how credit cards work, and that I am not on reduced pay as I am paying more than the minimum repayment figure!!

Can anyone tell me how to fight this? I believe this to be a form of harassment too.

Link to post
Share on other sites

You need to start a new thread on this = Mods can you do this please.

 

You CAN complain directly to MBNA and explain that their phone person needs re-training in how to recognise when somebody is paying via a DMP - they may tell you they 'don't recognise' them but then you tell them you 'don't recognise' their third party collection agents....

 

Don't speak to them on the phone, put everything in writing.

 

I had hassle over a debt today, (not MBNA), moron phoned me on my work phone, was told it wasn't convenient for him to call any number and the idiot promptly rang my mobile number. I asked him if he had heard of the OFT guidelines and he said 'our company doesn't recognise them.; I said "Thank you for confirming that, this call is being recorded isn't it." He said "Yes" I then asked for a copy of the call..... line went dead.

Link to post
Share on other sites

One thing that seems to work (at least briefly) is to point out to the call centre employee that THEY were committing the criminal offence personally as well as their employers and that the Communications Act offence carries a possible 2 year jail sentence.

 

Before my wife and I adopted that tactic, multiple phone calls were the norm. 6 - one after another - was the record. Now, they just seem to leave the odd message instead and write incriminating letters otherwise.

Link to post
Share on other sites

ONe small point - under the Communications Act 2003 the maximum prison sentence is 6 months. Feeling is that they would have to threaten violence to actually get a custodial sentence.

 

 

Link to post
Share on other sites

ONe small point - under the Communications Act 2003 the maximum prison sentence is 6 months. Feeling is that they would have to threaten violence to actually get a custodial sentence.

Sorry, my memory played tricks on me about the maximum sentence - the script I wrote out for Mrs VS does say 6 months, not 2 years.

 

I agree that it would be most unlikely in practice for an MBNA munchkin even to be prosecuted, let alone imprisoned. However, I don't think it is stooping to MBNA's level simply to be the one reminding them for a change of the worst possible consequences that could possibly apply in a situation.

Link to post
Share on other sites

  • 2 weeks later...

Hi,

 

Hope this is the correct thread!?

 

I was in financial difficulties since being made redundant in June - I informed MBNA that i would struggle paying my credit card..i received at 6 phone calls per day asking for a payment, of which i insisted that i could not afford to make full payment. I ignored these phone calls so sent recorded delivery letters with financial statement & offer of payment until i get myself sorted.. after 5 letters..all recorded (yes letters) that i sent; they ignore every letter that i have sent them (i even sent proof of signature on 5th letter)...i still receive letters threatening court action even though i have tried to ask for help.

 

Any thoughts????

Link to post
Share on other sites

  • 2 weeks later...

Hi fellow Caggers, MBNA very keen to contact by phone. I paid a payment via using my mobile phone several months ago. I recieved 2 text messages and 2 telephone calls on my mob in past day and a half requesting payment. in addition to this 2 calls on my home tel no. I paid more than they had requested ie £150 instead of the £70 they requested. Telephone call half hour after after payment made requesting payment of £70 from an Indian call centre.. Could not understand their name. Politely told them they need to update record as payment just made. Will send a Subject Access Request to them. Had a problem with them 2003/4 just kept hammering me £25 charges for over limit fees over a 5 or 6 month period even though had a direct debit set up. Paid account off over a few months and unbeknown to me they were still subtracting £255 per month.

Reimbursed me eventually. A question to the wise out there! Is it possible for me to claim the unlawful charges plus the contractural rate of interest which I estimate was about 26% at the time. Glad I came across this site. Only problem being it does not appear I can set up a new thread or get a cagger web mail address. Everytime I enter my email address it says it says I cannot use it as another user already has it. Probably need a little advice on that. I am trying to set a new thread up for SCHITI cards as they have removed my promotional interest rate. 9 years with them and have ever only had 3 late payments. Last 2 in 6 months rate gone from 5.8% Apr to 32.9%. Taken Enrons advice and will write to them with a request to return to prom rate as not working at the moment.

Thanks Enron for the advice

Link to post
Share on other sites

Hi,

 

Hope this is the correct thread!?

 

I was in financial difficulties since being made redundant in June - I informed MBNA that i would struggle paying my credit card..i received at 6 phone calls per day asking for a payment, of which i insisted that i could not afford to make full payment. I ignored these phone calls so sent recorded delivery letters with financial statement & offer of payment until i get myself sorted.. after 5 letters..all recorded (yes letters) that i sent; they ignore every letter that i have sent them (i even sent proof of signature on 5th letter)...i still receive letters threatening court action even though i have tried to ask for help.

 

Any thoughts????

Are they still calling you?

 

Don't worry about them taking you to court - MBNA never do as a matter of policy. They just close the account and sell teh debt to a debt purchaser. And they never get the documentation right when they do. They think because they are an American company they don't have toobey UK law.

 

 

Link to post
Share on other sites

Well MBNA have gone quiet on me....damn....I was hoping to record a nasty conversation!

 

Seems they may be unsure of what to do since they have defaulted on the 12 day limit to produce an enforceable CCA.

 

They are now trying a new tactic to get me to contact them - email! Has anyone received an email from someone at MBNA asking you to contact them? Here is the one I got....

 

From: [email protected]

Subject: FW: "Private and Confidential for addressee only"

 

Mr FBR

Can you please call Nikki Hallworth on 01244 673 093. I am in the office between the following hours, 8am to 9pm Monday to Thursday, 8am to 5pm Fridays and 8am to 12pm Saturdays.

 

 

To which I replied stating that they are in CCA default and the alleged debt is now in legal dispute.

 

 

oh can i pinch that email address and do what they have done to me by telephoning me at work when ive written to them about only in writing??

 

i didnt give them a work number but they found my office i work in so pay back time, i will only communicate in writing email is in fact writing lol

 

i wont get you into trouble by doing this will i?

 

thanks laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

Phone calls from MBNA.

2 telephone calls on mob 7th

1 message on mob 6th

I missed call on mob 7th

2 calls on house line 7th

1 message to contact Aegis [ didn't know who the bugger they were)

I phoned MBNA on 7th paid now up till Feb

8th recieved letter from Aegis informing to contact them as instructedby MBNA

I phoned Aegis this pm

They are a company in India

They do not have a registered address in the uk

I was told they work on behalf of MBNA

Their number is 0808 101 3404

If you wish to lodge a complaint about them I was told you need to contact MBNA

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...