Harassment by MBNA

[Talbot]

I will have to find the thread which talked about it but apparently you can go into your details online and change your phone numbers as if you've moved.

 

I will have a look today and get back to you, if not you must be able to ring off someone elses mobile and tell them numbers have changed they should change them automatically??

[almond]

hi

well thought it had gone quiet , sent harass letter along with cca 10days ago and somebody told me to send another one on thursday along with email, which i have done. Now i have had frank cassey on the phone again today

call went sounded like they were in a pub just asked for me by name

i said who is calling frank cassey so i hung up

rang back told him it was harrassment and wanted to know who he was speaking to so hung up.

then i have had 7 calls i let it go to answer machine all the numbers are witheld but i have checked our call planner and none were for work.

any ideas what i do next? please help

[AA99]

Why the heck should we consumers have to change our telephone numbers on their behalf:mad: Rather keep your numbers for your convenience and record every single one of their calls and then sue them. Make sure you have sent both them and their DCA a Telephone Harassment letter, recorded delivery, and there's another string to your bow:mad:

[almond]

i am going to do something today regarding calls, since he is using my works number and was asked last month to stop

do you think i have enough to go to ofcom or whoever else i am hoping somebody will be able to suggest

12th 2 emails - 1 personal 1 work asking me to ring replied remove my phone number and email from record

13th 2 calls frank cassey - in reciept of harassment letter

16th 5 calls frank cassey

18th 2 calls sonya

19th 2 calls frank cassey - in reciept of second letter and email

24th 8 calls frank cassey - answered once rest of the time let it go to answer machine.

i am going to answer the next call and try and record it on mobile phone

and then i wondered if i can send a letter to him saying i am taking legal action against him and also send same letter to gail xxx vp.

Wondered if somebody can tell me if i am on the right lines or have i missed something.

mbna will be in default tomorrow

thanks

[Muffintop]

Why the heck should we consumers have to change our telephone numbers on their behalf:mad: Rather keep your numbers for your convenience and record every single one of their calls and then sue them. Make sure you have sent both them and their DCA a Telephone Harassment letter, recorded delivery, and there's another string to your bow:mad:

People SHOULD NOT have to change their telephone numbers, I have had mine over 20 years. nor SHOULD DOMESTIC VIOLENCE VICTIMS have to flee their homes from a perpetrator to find safety, however, what we SHOULD do and what we sometimes have to do for our own sanity, safety or peace of mind is a different matter.. I am used to dealing with victims of harassment and victims of crime where they are VICTIMS and here are many ways to skin a cat.

I havent changed my home number but I have had to place chooseto refuse from BT at a cost to me, but its worth every penny for the peace of mind that I have had in the past week not one phone call.... we all have choices. Harassment is not an easy case to prove in court and the banking harassment will not be taken on by Police as I have pointed out before as its a company harassment.. dont shoot the messenger this is the case... however a civil route can be taken as we know, but again you will need solid evidence as the banks will deny the harassment and it will be up to you to prove it.

[Muffintop]

i am going to do something today regarding calls, since he is using my works number and was asked last month to stop

do you think i have enough to go to ofcom or whoever else i am hoping somebody will be able to suggest

12th 2 emails - 1 personal 1 work asking me to ring replied remove my phone number and email from record

13th 2 calls frank cassey - in reciept of harassment letter

16th 5 calls frank cassey

18th 2 calls sonya

19th 2 calls frank cassey - in reciept of second letter and email

24th 8 calls frank cassey - answered once rest of the time let it go to answer machine.

i am going to answer the next call and try and record it on mobile phone

and then i wondered if i can send a letter to him saying i am taking legal action against him and also send same letter to gail xxx vp.

Wondered if somebody can tell me if i am on the right lines or have i missed something.

mbna will be in default tomorrow

thanks

 

I have been to OFCOM they wouldnt touch the complaint as they are classed as marketing calls from banks chasing a debt in dispute, nor would oft or fos or Police... Trading Standards did take on my complaint though and so will a civil solicitor or you could go for it yourself as long as you have the evidence, ie dates, times, nature of calls, recordings, messages, answer phone, texts.

[Muffintop]

This one has quite a nice feel about it, if your serious about taking it to small claims court. You could mark it up Letter Before Action.

 

I dont know who originally typed this, wasnt me but sure they wont mind me sharing.

 

I am writing in relation to the quantity and frequency of telephone calls that i have received from you company, which I deem to be personally harassing, these are causing me harassment, alarm and distress and I can show a course of conduct of receipt of these calls.

 

I have requested that these stop both verbally and in writing to your company on via recorded delivery.

 

I have requested all correspondance to be made to me in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in brach of Section 40 of the Administration of Justice Act 1970, and the Protection from harassment act 1997.

 

If you continue with this course of action to harass me, you will be in brach of the communications act 2003 s.127 and I will report you to OFCOM, TRADING STANDARDS AND THE OFFICE OF FAIR TRADING, Meaning you will be liable to a substantial fine.

 

Be advised that any further telephone calls will be recorded and disclosed to court along with all correspondance asking you to stop the calls.

[almond]

hi muffintop i have already sent two of these letters, i am going to send another one tomorrow because by the time its recieved the accounts will be in default (friday) i am going to google the vp and send a copy to her

and one to frank cassey copying both of them in and also send one to the local trading standards, I know it will be a waste of time but this guy is a bit of a bully boy. I can't do anything with line since its now my works phone number and the company i work for own it.

its time now for me to be in the driving seat and not take anymore cxxp from him.

[fleeced_by_rbos]

I am still looking into the issues surrounding telephone harassment and the collection of numbers by companies in order to undertake the harassment, but I am sure legislation mentioned by muffintop states that harassment is a CRIMINAL offence not a civil one - so although the police may be less than inclined to bother themselves with non-violent harassment, it is still illegal.

 

If you can show that the frequency of the calls is high (as in numerous per day) and that you have sent letters asking for them to stop, while not going to great lengths to avoid discussing your debt with the creditor (in writing is fine), then you should have a good case for harassment as the company in question would be clearly violating your rights. Well that is the theory, reality when playing with big bully companies may be somewhat different but we can still fight and the more that do the better.

 

 

FBR

[GirlAloud]

Almond - Email this letter to the compalints adress I gave you. Make a complaint to the Financial Ombudsman and also enclose this letter. If you have not already done so, contact OFCOM and Consumer Direct - make it clear they are pestering you at work.

 

I received XX calls this morning to my workplace from aXX. This must stop immediately or I will take immediate legal action for harassment. This is direct contravention of many of the clauses laid out in the OFT Debt Collection Guidance.

May I draw your attention to my letters dated XX and remind you that I am not prepared to discuss this matter over the telephone. The Office of Fair Trading (OFT) has strongly condemned unfair and unscrupulous methods of debt collecting and you will be aware there are a number of high profile cases in the press.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

As you will be aware the Protection from Harassment Act 1997, which makes it an offence for someone to pursue:

“a course of conduct which amounts to harassment of another which he knows or ought to know amounts to harassment of the other.”

‘Harassment’ in this regard is not defined in the law, but it includes causing ‘alarm or distress’ and ‘a course of conduct’ is defined as conduct on ‘at least two occasions’.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM and The Office of Fair Trading,

Extracts for the OFT Guidance on Debt Collection:

Unfair Business Practices

Communication

those contacting debtors not making clear who they are, who they work for, what their role is, what the purpose of the contact is ('Frank Casey')

contacting debtors at unreasonable times (deliberately calling me at work)

ignoring or disregarding debtors' legitimate wishes in respect of when and where to contact them (I have specifically asked not to be called)

Physical/psychological harassment

contacting debtors at unreasonable times and at unreasonable intervals (deliberately calling me at work)

acting in a way likely to be publicly embarrassing to the debtor either deliberately or through lack of care (deliberately calling me at work – I share an office)

Furthermore under the BBAs Banking Code Guidance for Subscribers, para. 14.2

“Where a customer requests that the subscriber deals with them in writing or e-mail (providing that facility is available) rather than by telephone, they will do so as long as the customer remains co-operative and in regular dialogue”.

Under the same Code (para. 14.1) ‘breakdown of a relationship’ is clearly highlighted as “a change in lifestyle, often accompanied by a fall in disposable income and/or increased expenditure.

I refer to your continual refusal to communicate with me in writing, regarding my financial difficulties, insisting instead that I contact you by telephone.

Having made reasonable written requests, I can see no other point in these calls except to cause maximum distress, embarrassment, intimidation and harassment. I fully understand the risks associated with the non-payment of non-priority, unsecured debt together with the effect on my credit rating.

Having taken legal advice, I make the following statement

- I do not, and never have, disputed I owe you money

- Your persistent calling is causing me anxiety and stress

- Some of the calls are being received by XX. In the case of calls to be workplace a work place colleague

- I am currently going through a set of unfortunate and very difficult personal circumstances

- I am happy to cooperate with you (in writing) in any way, including exploring further aspects of my budget

 

Touch wood I have had no calls from over a week. I had an acknowledgment of my complaint from Virgin and one 'standard' letter from MBNA - helpfully reminding me I was in arrears (as if I did not know!).

[almond]

hi

girlaloud, have already emailed to the address you gave me and sent an letter recorded to the guy you told me to, i am going to do another one tomorrow and send it to the guy that is ringing me the vp and are waiting for consumer direct to ring me back, will keep you posted don;t want to say none today but so far so good think it must be his day off!

[GirlAloud]

Everytime the idiot rings, email that letter to M Bailey - if he rings you 5 times a day - then email 5 times a day explaing that he is still ringing. I am not sure if it was the letter that got them off my back or the fact I logged onto the Virgin website and deleted my phone numbers!! It never rains but it pours - had a default notice from RBS today - it is like fighting a war!! Good luck and keep me updated.

[almond]

Everytime the idiot rings, email that letter to M Bailey - if he rings you 5 times a day - then email 5 times a day explaing that he is still ringing. I am not sure if it was the letter that got them off my back or the fact I logged onto the Virgin website and deleted my phone numbers!! It never rains but it pours - had a default notice from RBS today - it is like fighting a war!! Good luck and keep me updated.

 

what a good idea , i always have hotmail open and will type as i speak

bring on the calls now , can't believe i never thought of that.

i don't think i have done anything on line but must have if they have my email addresses, so will look into it.

thanks so much and take care

[Muffintop]

I am still looking into the issues surrounding telephone harassment and the collection of numbers by companies in order to undertake the harassment, but I am sure legislation mentioned by muffintop states that harassment is a CRIMINAL offence not a civil one - so although the police may be less than inclined to bother themselves with non-violent harassment, it is still illegal.

 

If you can show that the frequency of the calls is high (as in numerous per day) and that you have sent letters asking for them to stop, while not going to great lengths to avoid discussing your debt with the creditor (in writing is fine), then you should have a good case for harassment as the company in question would be clearly violating your rights. Well that is the theory, reality when playing with big bully companies may be somewhat different but we can still fight and the more that do the better.

 

 

FBR

 

 

Sorry FBR I can assure you I have very good knowledge on criminal harassment. The Police will not take it on as this is a civil issue due to the fact that its a company harassing and not one person, for criminal harassment it has to be a course of continued conduct by an individual... because there is a dispute over money this is a civil harassment. It can still be dealt with by injunction or as harassment but will need the evidence recorded if possible and a record of calls to prove they have rung. There are solicitors who will take this on as in the case of the lady who won over halifax recently.

[GirlAloud]

Neil Mercer is the solicitor (of Curtis') - I have spoken to him - he knows his stuff. He is very busy though. He uses the Harassment Laws to pursue a civil case. You can google him to read more details.

[fleeced_by_rbos]

Hi all,

 

I've had more calls from MBNA / AEGIS than i can count... last weekend I had a particularly determined attempt from someone called "Craig" at one point both my mobile and home line ringing by Craig...i felt under seige...

 

Whilst not exactly menacing, he was rude and threatening kept talking over me, I put the 'phone down and he rang again.. ultimately sounding more reasonable..

 

there were a number of unusaul numbers used ..

 

for the record these were..

 

07780870570

07785276206

 

Anyone else heard fron Craig ?

 

FOTN

 

Here's another: 07785 554 3240

 

Perhaps we should have our own database of numbers ;-)

Edited February 27, 2009 by fleeced_by_rbos
Previous phone number was for an alleged scumbag at DLC not MBNA

[fleeced_by_rbos]

Sorry FBR I can assure you I have very good knowledge on criminal harassment. The Police will not take it on as this is a civil issue due to the fact that its a company harassing and not one person, for criminal harassment it has to be a course of continued conduct by an individual... because there is a dispute over money this is a civil harassment. It can still be dealt with by injunction or as harassment but will need the evidence recorded if possible and a record of calls to prove they have rung. There are solicitors who will take this on as in the case of the lady who won over halifax recently.

 

I defer to you Muffintop!

 

How about the usual letter based threats where they claim they will send round one of their single brain celled agents to "discuss" the debt or collection money which they are not allowed to do and which they are not even allowed to claim they do? Can't remember which legislation it was or which thread I read it on.

[GirlAloud]

Are we seriously led to believe that MBNA have hundreds of agents chasing round the the country speaking to the hundreds/thousands of people in our position? I think not. Even if they did turn up - the door would be slammed quicker than you can say 'default notice'. These are desperate times - they will try anything to get money as they know if the sell the debt on they will get next to nothing and they know court action may get them very little - indeed court action in many cases will leave them out of pocket.

 

These people took a risk when they made unsecured loans etc - they should not be allowed to hound people who for any reason can no longer pay? The Govt pumps billions into banks who have 'overstretched' themselves yet these idiots are allowed, quite openly, to use every dirty trick in the book to chase us. Off my soapbox now!

[Muffintop]

If they do come around you may feel afraid, harassed, alarmed scared and intimidated.... they may bang on the door or shout, or put their foot inthe door... ring the Police 999, they will be removed to prevent a breach of the peace, possibly arrested depending on the circs, dont be pulled into retaliating, shouting, fighting at all, or you could be in trouble.

[angel_1]

oh muffintop

 

i tried something tonite, just after 8, someone with a clipboard, my hubby still not gone to work so i went to the door, glanced through our glass door which has bevelled glass, and said who was it, he mumbled something, and tried to show me his badge to the window, well i just replied very sorry its after 8 and i dont open the door after that time,,,goodbye

 

i felt like cinderella lol

 

that felt very empowering to tell you the truth,, he might be selling me gas, elec, or whatever, aint interested,

 

dont even go to the door once hubby gone to work , others like friends know so they call me in advance or call me from outside to tell me its them at the door

 

sign of the times im afraid, but if they persist in banging on the door, i will be the lady who does call the police and tell them better get someone quickly round to me as im on my own in the house or with only my daughter and we are really scared

 

will that do for my oscar performance

 

 

keep positive guys, laters angel x

[underdog13]

Don't forget to mention us all in your acceptance speech;)

[Muffintop]

Here's another: 07887 951 962

 

Perhaps we should have our own database of numbers ;-)

Just noticed the number he is ringing from is a mobile.... this may make a difference to Police investigating as its an individual continuing with a course of conduct. have you kept the missed calls on your phone? if not dont delete any more they may be needed for evidence.. see if you can get his surname out of him.

muffintop

Edited February 27, 2009 by Muffintop
typo

[fleeced_by_rbos]

Just noticed the number he is ringing from is a mobile.... this may make a difference to Police investigating as its an individual continuing with a course of conduct. have you kept the missed calls on your phone? if not dont delete any more they may be needed for evidence.. see if you can get his surname out of him.

muffintop

 

Yes I keep the log of all calls and back them up from my mobile to my PC. The "landline" number I hand out is actually a SkypeIn number and so I can keep the call log and voicemails on my PC too.

 

But I don't speak to them, I have written to tell them to communicate in writing only. The voicemails are the usual "You must call us before 8pm this evening" which I have had for the last 3 months or so!

 

Shame we can't use the legal right to defend ones self as the reason for knocking out the scumbags cold on ones doorstep though.

[angel_1]

hey listen underdog and all

 

im doing that euro lotto tonite and if i win boy are we all going to have a PARTY....

 

you are all invited of course

 

laters dudes angel x

[almond]

hey listen underdog and all

 

im doing that euro lotto tonite and if i win boy are we all going to have a PARTY....

 

you are all invited of course

 

laters dudes angel x

 

i did it last week and won , omg just seen the next door neighbour out cutting the lawn, believe me he will think he has won the lotto he lives to cut the lawn and jet wash the cars