MBNA harrassment. Please help

[TUTTSI]

MBNA are also now using Southern Ireland for chasing money, my husband has had his fair share of their underhand tactics. He has also been bombarded with calls from Global Vantage in the past but they seem to have given up. He found the best way to deal with them was not to take their calls. They are rude, invassive and persistant calling sometimes 3/4 times in a short space of time not being at the other end of the phone when you answer is a dead give away and then when they ask for him by his full name in an Indian accent you know who it is and they just never get past me.

He recently had a letter from MBNA saying that they could reduce the amount he owes by giving him a substantial discount if he settled the debt in full but in order for them to consider this they required him to give them loads personal information before they would give a decision. He has written to them but not with any information and guess what NO RESPONSE whatsoever from them. Since then he has decided to claim back all his bank charges and has now issued the MCOL that will reduce this debt substantially.

[Sev]

The Irish call centres are worse than GVI, they have a superb way of making you feel like a criminal.

 

Everytime they call I would just write another letter of complaint to Gavin Theobold - or email him.

 

Also try and record the conversation if you can.

[davey77]

Well, Letter from MBNA this morn says the are investigating my complaint with a response due by the 9th Jan. Watch this space!

[davey77]

Got my response from MBNA (which was due by the 9th and in reply to post 19 of this thread): data protection act/number of calls etc: Here's what they had to say:

 

"I am sorry to learn of the distress caused by letters and calls you have received in relation to your account. I recognise that you have provided your financial details which conform you are unable to afford your monthly payments.

 

By way of explanation, letters are issued automatically to advise our Customers when their account registers arrears. I am sorry that the wording of the letters did not reflect the actual position and the efforts you have made to resolve the amtetr. The letters are issued as a result of the level of arrears registering, rather than specifically tailored for your account.

 

Regarding your concerns that your account details were passed to external agents, MBNA is commited to informing customers when their account is operating outside of our terms and conditions. To ensure that customers are contacted by telephone in a timely manner, we are required to enlist the help of agents from time to time. Your account was assigned to GVI on 7 November. Global Vantage (GVI), another of our agents, is currently assisting in our efforts to manage your account.

 

Accounts are refered to agents in-line with our terms and conditions. Referral in this instance does not signify an escalation of the collection process. This process is not intended to harass or offend customers; I apologise for any distress or inconvenience caused. Our only intention at this time is to keep you updated. The use of such agents is within our normal terms and conditions; there is no requirement to notify individual Customers should there account be passed to such an agent.

 

Our records indicate that when your financial statement was reviewed, a letter was sent to you asking you to callin and discuss the matter. We request that Customers call inn so that we can discuss your offer of payment and explain what is required for us to maintain the account under a reduced payment arrangement. I understand that you do not wish to discuss the matter over the telephone and as a result, the correct actions have not been taken to assist you.

 

In order to resolve the matter, I have arranged for the interest and fees being applied to the account to be suppressed, and for the interest and fees applied to your December 2006 statements to be refunded. Your account has been noted to confirm that you are unable to make the required payments, and as a result, the collection calls you have been receiving will significantly reduce. You will however, continue to receive some letters and calls relating to your account, and it's status.

 

While we are able to surpress fees and interest and prevent the balance increasing, our banking regulations stipulate that in order to maintain the account under a reduced payment arrangement, we require payments which will ensure the balance is cleared within ten years. On your accounts, the amounts required are £45.00 and £7.80 respectively per month. If you are unable to increase your payments to these levels, the accounts will continue to fall into arrears. When the arrears reach seven payments, a default would then be registered on your credit file and the balance will be legally assigned to a thrid party. However, the balance would not increase throughout this time.

 

I hope i have addressed your concerns...... If we do not hear from you within 8 weeks of the date of this letter we will assume that the matter is closed".

 

So, why do i feel uneasy about all that! It seems to be an apology although not an admission of legal liabilty. I am wondering where do i go from hear?

[Guest Battleaxe]

They have responded BUT:

 

Looks like they will continue to phone you and they are admitting GV are being carte blanche to behave in the normal fashion.

 

I would not call that an apology. Maybe a letter to Mr Michael Rhodes might just shake them up and realise the distress that is being caused.

 

I would be writing back requesting statements to prove they have done what has promised. I love the threat of the Default being registered.

 

I think you will Mr Rhodes address in the Library

 

I hope you haven't given them your new telephone number.

 

This is the best I can come up with at the moment Davey. Oh did you get the job?

[davey77]

Thanks Battleaxe - I think i won't be letting them get away with such a response if i can. Another automated letter sent seperatly was asking me to phone them, make a payment of £80 by the 17th and advising they have leaflets available. lol The left hand doesn't know what the right hand is doing.

I certainly didn't give them the new number. They'd have to give me electric shock treatment to get that out of me.

Thanks for asking but no, i didn't get the job. They gave it to someone else before i had the interview. Never mind. Good news though that benefits will pay 100% of the rent!

[Guest Battleaxe]

Oh well at least something is going your way even if it is only the rent being paid. You will have a roof over your head.

 

I have a collection of automated letters and trying to collate them is interesting. They just churn them out.

 

If we all keep picking away at them, they will eventually get the message, but it might take longer than my life time. LOL..

 

Hang in there and between us we will share strategies and eventually get things sorted

[davey77]

You bet Battleaxe. Keep fighting the good fight. We won't let the moneygrubbers get us down.

[Guest Battleaxe]

I have just finished five letters all to be sent recorded delivery tomorrow. My new year resolution is to write a reply to every letter they send me, no matter how trivial. I plan to keep their intrays full and keep the devils busy replying to me.

 

MBNa have two letters to be written just for the heck of it. They can't sday I don't take an interest in my accounts

[davey77]

You sure are good at writing those letters Battleaxe. Puts me to shame.. i'm hopeless most of the time. :o lol Keep those 'devils' on their toes though!

[Guest Battleaxe]

Most of what I write is just drivel, but I answer every point they raise, I got a letter from A & L telling me that they aren't going to correspond with me any more, so guess what, another letter on it's way, because they do have to answer. it's because they can't provide the answers and will not admit it.

 

I now have to get to work and sort out my reply to MBNA's defence for non-compliance of the SAR and they think the Court charged me too much for filing £150.00. I queried that, but that was what I had to pay. I don't care who I get the difference from MBNA or HMCS for making the mistake.

 

The court also failed to send the defence back to us I had ring and get it sent out, which now gives us an extension until 3 February 2007. MBNA wants our claim struck out...OH yeah. Not according to the ICO.

 

The cheeky devils (MBNA) even tried to claim the date I replied to their stalling as when the clock started,,no way...do they think we are stupid. Oh yes they do, this is why we are jumping through hoops.

[davey77]

Sounds like you have them jumping through some hoops yourself. Good on you though. They need to be told they are not running the show!

Battleaxe.. could you look at my other post sometimes and give your valued opinion? Nobody seems to be giving any feedback.. perhaps i posted in the wrong place, not sure?

http://www.consumeractiongroup.co.uk/forum/mbna/57846-debt-written-off-due.html

[Guest Battleaxe]

Davey,

 

I have replied to the best of my knowledge, what your options might be. Maybe it is not what you want, but it is a start and hopefully one the more experienced will also have a look for you and offer some suggestions.

[davey77]

My response in reply to the letter on post 54 of this thread:

 

Dear Madam,

Thank you for the detailed and personal letter of the 8th of January regarding the response to my concerns - (signed Stuart Johnson: Assistant Vice President.)

 

I certainly accept the apology for the distress caused by the constant phone calls by GVI although I cannot say whether the calls in question have diminished or increased as i have since changed my phone number (ex-directory) and find that action has brought me great relief and lessened the stress i felt under at the time as I no longer experience a sickening feeling every time the phone rings.

 

I should like to bring to your attention of that which you may be unaware in the tactics employed by GVI are not as you put it “To ensure customers are contacted by telephone in a timely manner” or to “keep me updated” but are designed and carried out in such a fashion as to harass, intimidate and wear down an individual. How someone’s financial status can change several times a day or from 8am by 9.32am onwards on the same day is beyond comprehension. An example:

 

8.47am (With accent) “Hello Mr xxxx, you have not paid your bill. Can you pay now? Can you get a friend to pay? Your credit rating will affected for up to 16 years. Can you pay by the end of the month? Can you take out a loan to pay? How do you expect to pay your bill?”

 

9.32am “Hello Mr xxxx, you have not paid your bill. Can you pay now? Can you get a friend to pay? Your credit rating will affected for up to 16 years. Can you pay by the end of the month? Can you take out a loan to pay? How do you expect to pay your bill?”

 

12.26pm “As above”

13.15pm “As above”

15.29pm “As above”

19.15pm “As above”

19.26pm “As above”

20.40pm “As above”

 

All very polite individually but as you can imagine day in day out can start to have an effect on a person’s well-being surely. As i say i have accepted your apology and as i have changed my number it is no longer an issue that affects me personally but i bring it to your attention all the same in the hope that if there is a widespread and deliberate harassment agenda in the way GVI conducts it’s business you will review your association with such an organisation. I am sure you are all to sadly aware of the dire actions some people have taken in response to being overwhelmed by debt - and the phone calls by their creditors agents...

 

Yours sincerely, me

[ladybird17]

Nice letter Davey. Have not posted to this thread before as I'm embroiled with MBNA via other threads - but have posted now so I can subscribe to the thread and keep up to date with how you're getting on.

[davey77]

Thanks Ladybird17! I'll be posting more on the outcome in conjuction with my thread here also:

http://www.consumeractiongroup.co.uk/forum/mbna/57846-debt-written-off-due.html

But will post anything relating to MBNA on this thread for the worlds perusal.

[ladybird17]

I have been reading your Carer's Allownce thread, because I too have recently become a Carer for my Dad. My Mum died last year, they devotedly looked after each other for almost 60 years. My Dad is now partially sighted and has other health problems and I could see he was going to need me around. I gave up an extremely well paid job to become a Carer, and boy it's tough isn't it? I did have some savings, but of course they put me above the benefits threshold so for the first 6 months I just had to use them all for mortgage etc. I have reasonably large Credit Card debts - when I was working this was never a problem, but I do feel some months I am clinging on by my fingernails! I know how depressing all this can be - It's a real bummer trying to deal with grief, look after a frail and lonely Dad and try & keep the wolves from the door. Seems like a never-ending uphill battle sometimes.

[davey77]

Sorry to hear of all your woes. It's a real scandal that you don't get mortgage help for 9 months after signing on benefits as i remember when i owned my house a couple of years back. and the fact you have to use savings and they have to drop to a certain before you get help. It's the law.. but it's morally and ethically wrong. One thing this site gives you is a littel boost now and then when you read what other people have to say and know that you are not on your own and the credit card companies are not treating you like dirt - they treat everyone like dirt. I hope you get some inspiration from here and also the National Debt Line as i rang them when i was really down and first started out on this road and she said one thing that really helped alot. "You are in Control!" And it's true. Even though sometimes it doesn't feel like it. When you think about it, you are. You call the shots and let the creditors jump through your hoops whenever possible.

[progenic7]

Hi Davey,

 

i just noticed the hassle you was receiving over the phone from Mbusa, well last year my mum started getting prank phone calls which lead into quite nasty weird phone calls, as you can guess she was very upset by them.

I got on the phone to BT and told them the situation, they then siad that under the circumstances they could provide a service that permanantly blocks any unwanted calls (the good bit is they get a nasty message saying the call has been logged and not to ring ever again).

All you do is straight after you have had an unwanted call is put in a code number, press hash and there you go next time they ring.....Sorry go away !

 

BT gave me the service free for 6 months which worked perfectly for my mum, never had any trouble since.

[mfpa]

While we [MBNA] are able to surpress fees and interest and prevent the balance increasing, our banking regulations stipulate that in order to maintain the account under a reduced payment arrangement, we require payments which will ensure the balance is cleared within ten years....If you are unable to increase your payments to these levels, the accounts will continue to fall into arrears. When the arrears reach seven payments, a default would then be registered on your credit file and the balance will be legally assigned to a thrid party. However, the balance would not increase throughout this time.

 

So MBNA require a monthly repayment in excess of 83pence per £100 outstanding? Hmm.

[mfpa]

GVI

 

You define the tone, aggressiveness and tactics that will satisfy your needs - whether it's a courteous reminder or a forceful demand for payment.

 

[\quote]

[andyp33]

I have had lots of calls from GVI (virgin MBNA) too. They are having a detrimental effect on my life now & I can see why there is a law against this sort of Harrasment. I have sent them a statement of my finacial situation and an offer of £10 per month but they dont seem to acknowlage these letters. I have also sent them a letter pointing out the law regarding harrasment, from the advice of payplan (all sent recorded delivery of course)

I am now at my wits end with these people. heres a thought; I wonder if the media would pick up on this maybe watchdog (bbc) or tonight with trevor mcdonald. These offenders should be brought to justice on what is clearly unlawfull practice & not to mention the data protection act.

[angel_1]

hiya andyp33

 

know exactly what you say, i had those muppets too, in the end i wrote a very firm complaint letter to mbna directly advising them to only correspond in writing to me and to remove my telephone contact numbers, i also did change my mobile and never gave them the new number. it was a hard graft but as a complaint they have to give you a resolution by end of 8 weeks if not then you can take the complaint straight to the ombudsman. im sure i used the harrasment letter on this forum.

 

any questions just shout we are here to help

 

ciao maz

[seen the light]

Hi there

 

i had awaful stress caused by MBNA , they kept calling me at work 2 yrs ago whilst i was arranging an IVA. they never listened and work even threatened to give me a verbal warning over their constant calls.

 

I was so stressed and they were ruthless, even asked could i not borrow money off a friend to make a payment. However, when they said i would not get credit for 16years i said that i had enough debt and never wanted credit again.

 

regards

 

seen the light

[naleca]

Protection from Harassment Act 1997 (c. 40)

 

Can you tell me if this act covers Northern Ireland or is this the one

The Protection from Harassment (Northern Ireland) Order 1997 (No. 1180 (N.I. 9)) - Statute Law Database