Daughters MBNA phone calls

[standingupformyself]

I have a daughter (nearly 20 years old) who I have recently discovered has defaulted quite naughtily on her MBNA card, as I understand it she has not made a single payment off the card for around 6 months. Somehow MBNA have got hold of our home phone number in the last couple weeks, not sure how, possibly because I have an account with MBNA so maybe they crossed referenced? Anyway, she spoke to an account manager on the phone a week ago and they agreed a weeky payment plan together, last night the chap phoned again, she was at work, he told me that he was from MBNA and the situation was now very desperate and he had to speak to her before 9pm last night, otherwise it would be too late and the matter would be out of his hands, I managed to speak to her at work and she phoned him back, he wanted a payment on the phone there and then from her, which she couldn't do... She then telephoned me in a distressed state, asking if I could lend her the money for a couple days, I agreed, he then phoned her back and she gave him persmission to speak to me on the phone and we then made the arranged payment, as she had given him permission to speak to me, he then went on to tell me all about her account, what sort of monthly arrangement would be acceptable to them, or even a settlement. I cannot imagine for one minute that this is the permission she gave him, it was purely so that |I could give him my card details over the phone. What does anyone thik of this, do you consider it fair practice?

Another question, will he now start hounding me on the phone if she is not in?

Also if the account went into serious default and was sold on today, as he implied, what would happen next? If a debt collector came to the door looking for my daughter, would they accept that she wasn't in? She isn't very often, I have the nasty feeling that I am going to be hounded for someone elses debt, albeit my daughters, just because I agreed to make a telephone payment for her?

Any advice appreciated. thank you

[allykat]

he told me that he was from MBNA and the situation was now very desperate and he had to speak to her before 9pm last night, otherwise it would be too late and the matter would be out of his hands, They always say this, yet often say it over and over again, which defeats the purpose of saying it in the first place

 

 

Also if the account went into serious default and was sold on today, as he implied, what would happen next? Has the account been sold to a DCA yet? What happens next depends on this If a debt collector came to the door looking for my daughter, would they accept that she wasn't in? She isn't very often, I have the nasty feeling that I am going to be hounded for someone elses debt, albeit my daughters, just because I agreed to make a telephone payment for her? They aren't allowed to come to your door without permission from you and without giving 7 days notice

Any advice appreciated. thank you

 

I had the same happen with me, but with Natwest, who eventually passed it on to a DCA

 

Giving you all those details when you made a payment for your daughter was not fair practise, but very few of these callers act fairly so it's to be expected. If they start hassassing you, complain to Trading Standards.

[namethemshamethem]

You are under no obligation to receive phone calls from them in future.

 

If you are ex-directory then they probably did get the number by cross referencing. You said you already have an account with them, in that agreement it says they can use your information to "trace debtors".

 

I have no idea if they did do this but you can't put anything past these people!

 

If you are in the phonebook they probably just looked at her previous addresses. It shows previous address info on Experian/Equifax, indefinately I think, so they get that when they try and trace, even if she applied for her MBNA account at a different address.

 

If they did give out her personal info without her authority then this is a breach of the Data Protection Act 1998 and she could sue for damages. However, it would be difficult to prove, especially as she did give permission for them to speak to you, even if it was only to take the payment. She should have really specified the restrictions if it was to be the case.

 

If they call again and you don't want to deal with it then just explain it to them, that:- (or put it in writing-recorded, with her ac number)

 

a) You made a payment as a one off to help her.

b) It is your phoneline and she doesn't live at the address and you have no other phone number for her.

c) You no longer have her authority to deal with the matter and will not pass any messages on to her from them.

d) You will consider future calls from them as harassment and will report them to the police.

[pmhcfc]

Standing...Never never never speak to these idiots on the phone...Never..Everything needs to be in writing. Send this letter off to MBNA asap (recorded delivery)...If they continue to phone then report them to the OFT...

 

ACCOUNT NUMBER: XXXXXXX

 

]I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls, I now require all further correspondence from your company to be made in writing only

 

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.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, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. Even if you don‘t yet have recording equipment!!**)[/font]

Yours faithfully,

[indebtstudent]

Standing they shouldn't even have told you what they did on the first call. If I attempt to reach a customer and they are not in all I can do is leave my name, tell no and organisation.

 

If I said something like I'm calling in connection with her loan application, well the data protection act just went out of the window. I would be giving out information which may be useful to a fraudster.

 

Lets face it you could've been anyone, and even though you are her mother it was not thier place to reveal that information.

[standingupformyself]

Just had an interesting phone call this morning...................

 

 

"Can I speak to ****** please?"

Me: No, I'm sorry, she's not here at the moment, can I take a message?"

"when we she be in?"

Me: I'm not sure, she is rarely here" (My daughter pretty much lives with her boyfriend and has given them her mobile number, telling them not to call our home number, cos she is never at home"

"Why not?"

Me: "Who is this please?"

It's Marlin ( debt company I presume) she knows who we are

Me: Ok, I will tell her you called

Who is this?

Me: (by this point not liking the aggression in his voice) What do you mean who is this?

Who are you?

Look, you phoned me, you asked for ***** and I have told you she isn't here

Who are you? (his voice was raised by this point)

I am sorry, you phoned this number and I am not giving you any details about myself, ** has given you an alternative number

Who are you? What is your name?

I object to this phone call, you have asked for ** and I have told you she isn't here, why are you continuing to ask me questions

Who are you?

I am **'s mother, she isn't here, as I have already told you and I object to you phoning this number and asking me for details about myself.

Are you sure that's who you are?

I am going to put the phone down now.

I will phone back later

 

These people are so rude..... and I don't doubt they will phone again later on. I will get in touch with my daughter to make sure she contacts them, but I will also tell them in no uncertain terms that they are not to phone on my home number again.. How can they phone me and ask me questions?

[harrythehawk]

They do and you'll need to have a look around the site on how to deal with them. This is typical of their attitude, if you can establish who they are then a few letters will need to be fired off, in the meantime check out some of the tactics to deal with these monkeys, I like the "no comment" answer to everything they say, they will get fed up, just don't take any notice of what they are actually saying or alternatively just say I'll just get her for you and leave the phone off the hook until they ring off. that will do for now but yes do write and get this sorted properly.

[2Grumpy]

Ask for their name and contact details

 

Then tell them that you have already warned them that this is harassment, that they have committed a criminal offence, that you will be reporting the matter to the police and that anything that they say is being recorded and will be used against them in a criminal action.

 

OK its a bit of an exaggeration but so is what they do. Try harassing them for a change.

 

Not had any phone calls about my son's debts for a while now!

[standingupformyself]

I'm actually looking forward to the next call............. I will re-iterate that they are not to phone this number, and that I consider it harrasment. I will ask the "agent" for their name.

On the basis that they will not tell me why they are phoning (even though I already know why) I will not give them any details about my daughter, because they could be anyone.

The beauty of these forums are that we are now so informed. I do wish I had known before about all this, the hell these companies led myself and my husband a couple of years ago.

 

On a more serious note, I will get on the case with my daughter, she must deal with her debts.

 

Does anyone know what Marlin are like as a company? Are they likely to send collection agents to the door?

[harrythehawk]

Never heard of them myself but again read around the site regarding people coming to your door and get familiar on the law regarding tresspass, basically the postman and people asking for directions are allowed to come to your door, anybody else is tresspassing unless they have a warrant (ie Police, Court Bailiffs etc but NOT DCAs) and you can ask anybody to leave you don't want there, if they won't ring the Police, DCAs have no power of entry or right to visit you at all but if they even suggest it hit them with a letter and make it clear they are NOT invited and any notion they have that they are is revoked !!

[Delfi101]

Standing,

 

Don't worry about this and don't tolerate their crappy attitude ... see my recent thread on getting Mercers (Barclaycard DCA) to write to me. There's some great advice on there.

 

These call centre monkeys are aggressive and abusive as the norm:mad:.

 

All the best,

 

D

[standingupformyself]

thanks Delfi and Harry, Your advice is appreciated. bless u xxxxxxxx

[Delfi101]

thanks Delfi and Harry, Your advice is appreciated. bless u xxxxxxxx

 

No thanks necessary ... this forum is simply amazing with some great folks ... I've only just joined myself and the advice has been extensive, generous and honest.

 

Go here for some letter templates and other stuff that may be of use to you and your daughter.

 

Don't let these monkeys get to you, they're not worth the stress that they deliberately try to cause.

 

(hehe ... listen to me offering advice already)

 

D

[standingupformyself]

(hehe ... listen to me offering advice already)

 

D

 

 

I know what you mean.... I only joined this site February/March this year, and have already won three claims, without having to go to court, in the mbna forum I am giving out advice left, right and centre! Its amazing what you pick up along the way!

 

I am seriously un-stressed about this. I think that it helps that this debt is not actually mine, but my daughters, and I have got the strength to deal with it without letting them intimidate me. I will deal with my daughter shortly (but that's a different matter!)

 

Again, thanks for your help. I will update you if they phone back, although they phoned at 9am ish this morning and havent tried again since. Annoyingly though I am going out for a couple hours this evening, must warn hubby and other kids not to answer the phone. Fortunately Marlins do not seem to do Call Witheld, so that's a start.

 

 

xxx