More harassment by MBNA

[Dotty111]

can anyone please help me. I had a lot of harassment from MBNA about 6 months ago constant telephone calls text messages etc. I wrote to them sending the template harassment letter and that seemed to work i got an apology and no more calls etc. I am now at the letter before action stage and the harassment has started but worse. I had previously told them i would only deal with them by letter but the telephone calls and text messages have started all over again. I am trying to negotiate a payment plan with them but they are ignoring all of my letters. Now comes the worse this week they have started contacting my work. I work for alarge firm that has a central fax and they have sent through 2 faxes yesterday and today clearly stating that they are collecting a debt. Even better today the post clerk came round as they had received a letter from MBNA about a debt collecting matter and they didn't know who it was for (i use my maiden name at work) now everyone in the office has seen this and knows about it as well as feeling ashamed I am furious. Do they have the right to do this? please is there anything I can do I feel like getting on the phone and giving them a rolicking but I don't know if they are doing anything wrong. Please can anyone help or advise before i take any action(if i can)

 

Thank you

[Dotty111]

just to follow up, they have sent another fax today to my office I received 2 letters in the post from them yesterday not responding to my letters just asking me to call them which i told them i would not in previous letters to them. As well as that there were numerous messages on my ansaphone from them. I am more concerned about them sending faxes and letters to my office my boss isn't aware yet but if they carrry on he will be sooner or later. They don,t seem to care they are blatently sending faxes and letters stating they are chasing a debt and will take further action and I can't believe they can get away with it.

[iwannabedebtfree]

Paula

 

i am sorry to hear about this harassment, and no they canot get away with it.i would send copies of all your letters and their letters and a log of all their calls to trading standards and c.c a copy to Chester trading standards as well.

 

Likewise, should you want to excelate the matter go to the police under the protection from harassment act as the telecommunications act as they are obviously breaching if it was that you were clear in your letters about communication with MBNA.

 

dont let them get to you, get even! keep copies of everything they send you, and forward them on to the financial ombudsman with a complaint form regarding the undue strass and anxiety as the fos have the ability to consider compensation.

[Dotty111]

thanks for that Iwannabedebtfree i am going to do that now

[iwannabedebtfree]

paula,

if you do decide to go to the police dont go to your local office, send a letter to the chief constable of your area then cc. it to the following

 

chief constable, cheshire constabulary

trading standards - your local area

trading standards - chester

OfT

Financial Ombudsman service

your local MP

 

...oh and forgot one more....whoever is saying they are in charge at MBNA!! dont put up with the harassment Paula its not worth it, they are not going to get their money any quicker by causing you undue anxiety.

[SB10]

the FSA register has a contact name and number for the complaints office at MBNA - I have successfully used this before. I am also going to use it again as my interest rate has just gone up to by 10% - and I owe very little to them, have not missed payments, or spent on the card since being made redundant 4 years ago. The thanks I get for my financial management is an interest rate at 29.9%. Thanks MBNA!!!

[msowing]

Hi Dottie

 

You have my symapthy where MBNA are concerned. Just posted conversation a family member received from them (I no longer available on the phone number they have) over on my threat in Debt Collectin Industry "Is this a valid cca".(Sorry dont know how to link).

 

SAR going off today with a specific request for phone transcripts.

 

Dont let them upset you, stick to your guns.

 

Good Luck

[steven4064]

msowing this is the link to your thread referenced above.

 

You insert a link using the button on the quick reply box.

[msowing]

Thanks Steven for that.

[msowing]

Help please.

 

Well MBNA have phoned family member again today this time he asked for me by first name, when they again said that I was no longer available at this number he went onto say "oh come on mrs xxx I know its you stop lying to me and we are going to keep phoning this number" when he was told he had wrong number and she would call poice about harrassment and asked who it was he said "Im from MBNA and you owe us money Mrs xxx and i'm going to call eevery hour of every day until you talk to me". She hung up but he phoned 6 times in a row and in the end shes unplugged the phone.

I've sent telephone harrassment letter but they just ignore it. What can I do?

[steven4064]

She should report them to the police. The relevant law is sections 1 and 2 of the Protection from Harassment Act 1997

1 Prohibition of harassment

 

(1) A person must not pursue a course of conduct—

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

 

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

 

(3) Subsection (1) does not apply to a course of conduct if the person who pursued it shows—

(a) that it was pursued for the purpose of preventing or detecting crime,

(b) that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

© that in the particular circumstances the pursuit of the course of conduct was reasonable.

 

2 Offence of harassment

 

(1) A person who pursues a course of conduct in breach of section 1 is guilty of an offence.

 

(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

 

(3) In section 24(2) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (arrestable offences), after paragraph (m) there is inserted—

“(n) an offence under section 2 of the Protection from Harassment Act 1997 (harassment).”.

THe last bit shows that harassment is an arrestable offence under the Police and Criminal Evidence Act 1984. Keep a record of all calls, the person from MBNA making them and what was said.

[msowing]

Thanks Steven.

 

Shes mad at me coz she doesnt really want to go to the police but it looks like she has no choice.

 

Is there a letter I can sent to stop them phoning her?

 

Sorry Dotty I seem to have hi jacked your threat.

[steven4064]

You have already sent the phone harassment letter. You can try an dpoint out that what they are doing is contrary to the OFT guidelines but why should they take any notice of tha if they don't take any notice of the law.

 

THey are committing an offence under the Protection from Harassment ACt (and s127 of the Communications Act 2003 - also an arrestable offence). She would go to the police if someone burgled her house - so why not with this

 

Her other option is to sue them in the County Court under the same Acts (plus the Admistration of Justice Act 1970)

[msowing]

Thanks again will send them hrraasssment letter again with piece added about OFT guidelines and Protection from harrassment Act.

Also going to add they broke Data Protection Act by no comfirming they were talking to right person but just told family member who they were and what they wanted. He said "Im from MBNA and Mrs xx owes is £xxxx"

[SB10]

OK - this is not the most speedy solution - but I can tell you that obtaining the name of the caller is usually the best first step - and a given is that you at least obtain the call centre ref number that every contact centre employee has to have. Then you check out the FSA web site and take a look a the register. On the register is the e mail address on the customer advocate office and the names of various contacts in MBNA. Then you check out the Law Society Web site and take a look at the legal team. Then you call MBNA and ask to speak to one of them ( they will put you through with a name. If you get to speak to someone just ask for their email address...........ie like you have something important to send to them from a solicitor. Dont tell them why or what - just say that is is confidential. Then send your letters to both addresses with a read and a received receipt. Then you will know that the e mail has been sent successfully and been opened. Then email every day twice a day to ask whether your letter has been received and who will be dealing with it..the response I have had so far is by e mail to say they have my letter followed up smartly by a formal letter acknowledging my complaint.

You should ask for all the telephone numbers to be removed from your details and ask for a copy of this to be sent to you.

HOWEVER.......check that the calls are really from MBNA and not from an agency acting on their behalf....and advise any callers that the complaints advocate is acting for you at MBNA

 

E mails can be sent any time - doesn't have to be working hours - the attachment should be a word document and keep the content absolutely factual, detailing times and so on. Remove all but the last 4 numbers of your account before you send the letter to protect yourself.

 

let me know how you get on?

[Delboy01]

Expecting probs with MBNA any day now but will start another thread, Just wanted to know how MBNA got your work address and relatives telephone numbers???

[banker_rhymes_with]

Hello Delboy01!

 

Expecting probs with MBNA any day now but will start another thread, Just wanted to know how MBNA got your work address and relatives telephone numbers???

 

I think they "best guess" via things like the Electoral Register, but I am a little suspicious of exactly how much access people like the MBNA and/or their Agents have in many other areas.

 

These people do sly things like Log all Telephone Numbers you use to Call them from, and add them to your Records. Somehow I doubt that gets revealed when you hit them with a Subject Access Request (S.A.R.). I'm sure we do not get to see all that they have.

 

I know I have never given these people my Mobile, and yet they have started Calling it. As I protect that number very carefully, I would never Call them using it, so how they got that is something I am not at all happy about.

 

I suspect that the Credit Reference Agencies and banks are more cosy than we would like, and share more information than ever appears in our S.A.R. requests.

 

But often it is common sense and just a case that someone there has followed information that is readily available, such as looking at Employer details on Loan/Card Applications, then using Google to find the Employer's Telephone Numbers. Things like Microsoft Autoroute, Google Earth Pro and MultiMap can also be used to see where houses are and then identify what's nearby, from which they then try to find names of Neighbours and then their numbers. If you live at 80 Station Road, it's a reasonable guess that you may have Neighbours at 78 and 82 Station Road, so they will then do a Search on those Addresses...Planning Applications may then be revealed by Google, then a name, then Search on that until they have a Telephone Number.

 

Maybe your Neighbour has an MBNA Card, so they get details that way via their own Database.

 

But no matter how they get the details, they should not adopt cheap harassment tactics such as Calling Neighbours and Relatives. The Law is there to stop that and stop it we must whenever we can.

 

Cheers,

BRW

[msowing]

Hi Dellboy01

 

They got relatives number because I didnt have a phone when I took out card so my relative kindly said I could use theirs (because MBNA insisted on one), but now I know better. NEVER EVER give your phone number to anyone but friends and family.

[steven4064]

Hi MS

 

and you could add - NEVER EVER take out a card from MBNA

 

(I was in Halfords the other day and a very pleasant young lady was offering a deal on Halfords cards. It turned out that they are basically MBNA. Bet the poor girl wishes she hadn't bothered )

[Hopeful1]

thanks for that Iwannabedebtfree i am going to do that now

 

 

Hi Dotty

 

I was just wondering how you got on? Have they stopped harrassing you now?

[msowing]

Hi MS

 

and you could add - NEVER EVER take out a card from MBNA

 

(I was in Halfords the other day and a very pleasant young lady was offering a deal on Halfords cards. It turned out that they are basically MBNA. Bet the poor girl wishes she hadn't bothered )

 

Yes should have added that Steven. Better still Never Ever take out a credit card. I know I will never have another one EVER. Its cash from now on for me.

[Dotty111]

Oh yes a lot has gone on from then and they now realoise that they don't have a leg to stand on. I have been waiting for a CCA since last year. They don't have one is my guess but all has gone quietthank god

[Hopeful1]

Oh yes a lot has gone on from then and they now realoise that they don't have a leg to stand on. I have been waiting for a CCA since last year. They don't have one is my guess but all has gone quietthank god

 

 

Hi Dotty. I'm glad to hear that. Enjoy your peace, you know where we are if you need help

[tremac915]

Hi Mbna called me on my mobile today. I have never given out my mobile number as it is for family only. Can anyone tell me how they get hold of mobile numbers.

[PeFinch]

the FSA register has a contact name and number for the complaints office at MBNA - I have successfully used this before. I am also going to use it again as my interest rate has just gone up to by 10% - and I owe very little to them, have not missed payments, or spent on the card since being made redundant 4 years ago. The thanks I get for my financial management is an interest rate at 29.9%. Thanks MBNA!!!

 

MBNA management are such trash, I have a similar situation (let's ignore the PPI I paid), when I added up what I owed with what they where taking, it came to more like 43+%.

Have you calculated the interest they are taking, we assume it's what they say.

As consumers or donors, we should really aspire to close MBNA down. They shorly can't survive or supply the management with bubbly, without us.

 

This would allow companies that give better service (and chose to profit from us less), to expand into the gap.