Abbey phones a friend

[Red smartie]

Last year, as I could not meet up with a friend to collect £10, I suggested that she paid the money directly into my credit card - an Abbey credit card administered by MBNA.

This year, as I could only make reduced card payments, MBNA started calling her and asking her to get me to call MBNA as I had not made the full payment to my account. She has given them my telephone number. I have told them to contact me in writing only. They are still calling her at least 4 times per week asking to speak to me even although I have never lived at that address.

She asked the caller how they got her details and they have confirmed verbally that it came from taking the details from her Abbey card number - the one that she used to do an electronic transfer into my account.

I have written to the Information Commissioner and got a standard letter saying that they are very busy at the moment... I have also written to the FSA Ombudsman and they told me to contact the bank direct.

I have paid all the money owed back to Abbey (and have receipts from their own bank) but they have claimed not to have received it.

Any advice welcome on how to proceed. How do I take them to task for breach of the Data Protection Act and also the laws on Harassment?

[BankFodder]

If you can get that admission on record, we could help you.

 

You need to install a call recorder and then call them again and see if they will say the same thing.

 

Never, never, ever do business on the phone with these people without recording your calls.

 

Now you know why

[Red smartie]

I have a letter, which was sent to my friend, which she will allow me to use. It confirms the date when they got the details from the card and also confirms that they took the data from her bank card with a promise that it won't happen again - but they have still continued to call her after she received the letter.

 

Verbally, one of the callers claimed that they took the details from a phonecall made to make payments - but it is a new phone number - BT can prove this - so this is not possible.

[Red smartie]

I now made a data access request for this account but have not been able to get it. What I have had is a letter from MBNA saying that they have not gathered the information from the credit card but as a result of a phonecall made to them. Although this is not correct, even if there had been a call it would have been made by my friend and not me.

MBNA have said that they have the right to collect any phone numbers used to make payments on this account under section 13a of the contract that I signed.

I still have the original contract. 13a allows them to collect any details of any calls that I make but not which are made by any third parties and does not give them permission to call them.

However, Section 13B states clearly that they will only keep my personal information for as long as is needed or as they are allowed to by law.

I have received over 100 calls from them along with emails and letters etc. Am I best to take this through the small claims court claiming a similarity to the following cases:

David Lloyd V Bank of Scotland

David Lloyd V Halifax

Alison Turner V Halifax

Ferguson V British Gas

Alternatively should I go through a mainstream court? Also, any idea how long it takes to get things through the courts?

[Red smartie]

If you can get that admission on record, we could help you.

 

You need to install a call recorder and then call them again and see if they will say the same thing.

 

Never, never, ever do business on the phone with these people without recording your calls.

 

Now you know why.

 

Hi

 

I have copies of their phone records and my own phone records. I also have a letter from the Ombudsman saying that they have broken the data protection act by storing details of third parties and contacting them but I am still having problems with MBNA - I have to court very soon about this and would like some guidance as to what I should be doing. The records, provided by MBNA show almost 100 phone calls but that is only for a three month period - I can't get access to all their phone records despite doing a subject access request. I have complained about this and have to go to court about this to try to get the full records.