mbna cc cca

[SaltnVinegar]

Re: mbna cc cca

Hello Tobyjug. Don't even consider using the telephone. Evrything MUST be done in writing. The scum you are dealing with operate on the very edges of the law and common decency, so best have all their nonsense written down

I'm not suggesting using the telephone to discuss anything relating to the account or alleged debt. In fact, if Tobyjug is refusing to answer security questions it should not be even getting that far.

But, in the unlikely event that this went to court, to establish harassment then Tobyjug would be better answering each call and informing MBNA each and every time that they do not wish to discuss anything by phone and that Tobyjug considers the constant phone calls distressing and harassment.

The Protection from Harassment Act 1997 states the following:

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

(c)that in the particular circumstances the pursuit of the course of conduct was reasonable.

Therefore each time that MBNA contact Tobyjug by phone, if they are informed that correspondence should be in writing only, and that their phone calls are causing distress then it could be argued that MBNA would be pursuing a course of conduct that they knew, or ought to knew, that it amounted to harassment.

So if they contact Tobyjug 8 times in a day and TobyJug answers the phone on each occasion, informs them they should write, and informs them that their phone calls are causing distress, it makes the argument for harassment a lot stronger.

Best
SnV

[blueforyou]

Re: mbna cc cca

Ah I see now. Thanks for that clarification. Seems regular "response" to DCA IS a strength should it go to court.

[tobyjug]

Re: mbna cc cca

oh well Niddy has just said its never mind....just my luck lol. will keep paying the £5.00 a month, and see what happens. i think they will carry on adding charges and interest so balance will go up and up
just thinking, when is the best time to ask them about a f+f, and what would be the lowest they would take (at the min the balance is just under £16,800) just thinking is it worth going around the family cap-in-hand !!! or is that a stupid idea !
Tobyjug x

[tobyjug]

Re: mbna cc cca

just a quick update, to be fair not many calls and only 1 text message in the last couple of days but today I received a letter from MBNA and talk about

the left hand doesn't know what the right hand is doing.....
the letter reads:

THIS IS NOT A REQUEST FOR PAYMENT

upon reviewing your account we have noticed that you have only been paying the required minimum payment for at least six months. ( no I haven't...... I been sending token payments of £5.00 per month)
although paying the minimum or just above is your choice and within your terms and conditions, we would like to make you aware that your current repayment choice is the most expensive way to repay, because if you only make the minimum payment each month it will take you longer and cost you more in interest charges to clear your balance. blah blah blah
it then goes on to say did I know?
if I pay more than the minimum payment each month I will:
repay the balance faster
pay less interest
and could improve your credit record with a credit reference agencies
it then asks do I need help?
if I am struggling to make the minimum payment and would like to discuss it call them on 0800 blah blah blah
it then says increase in credit card interest rates
please note that if we have informed you of an increase in any of your credit car interest rates your current minimum payment will increase. ( so is this what this letter is really about....an increase in interest maybe ??)
yours sincerely
it then goes on to give me contact numbers for getting help with debt!!!!


I don't understand why they waste their time and money sending out letters that make no sense cause they have already been informed of my situation and they know i'm not paying the minimum payment each month and up until last week they were ringing me on 3 different numbers constantly........ STUPID MBNA

[gravytrain]

Re: mbna cc cca

Yes standard practice with all providers, the computer spits out an increased risk assessment, triggered by a random CRA check or the fact that the lender has only been making minimum payments, and by way of assisting the lenders plight they increase the interest rates.

Then just to rub salt in the wound the ask if they are having trouble and suggest you contact them if you are.

So then you ring them and they say, sorry nothing we can do unless you default and send an I ans E.

Barmy

[tobyjug]

Re: mbna cc cca

Hi all,
this may be a silly question, but I have just seen on my latest statement from mbna that the £5 token payment that I make on the 10th of each month (this was what I promised in writing to mbna I would do, but mbna have neither accepted or declined they have just ignored, but I do anyway ) but I pay via my internet bank faster payment method which says will be in the receiving account within 2 hours and I do on the 10th of the month as promised, now I have noticed on my last statement they have marked the "faster payment" received on the 11th??? even though on my bank statement it clearly states the faster payment was made on the 10th which was a Thursday. now could this just be a mistake, or is it mbna's way of saying I am not keeping to what I promised to do????
when I was working I was paying £500 per month to mbna, which I paid in the same way and whatever day I did the faster payment on, well it showed on the same day on my mbna statement !! just makes me wonder what they are up to.
they also sent me a NOTICE OF SUMS IN ARREARS the other day, telling me I am now 2 months in arrears....like I didn't know
Tobyjug

[The Tech Clerk]

Re: mbna cc cca

Hi all,
this may be a silly question, but I have just seen on my latest statement from mbna that the £5 token payment that I make on the 10th of each month (this was what I promised in writing to mbna I would do, but mbna have neither accepted or declined they have just ignored, but I do anyway ) but I pay via my internet bank faster payment method which says will be in the receiving account within 2 hours and I do on the 10th of the month as promised, now I have noticed on my last statement they have marked the "faster payment" received on the 11th??? even though on my bank statement it clearly states the faster payment was made on the 10th which was a Thursday. now could this just be a mistake, or is it mbna's way of saying I am not keeping to what I promised to do????
when I was working I was paying £500 per month to mbna, which I paid in the same way and whatever day I did the faster payment on, well it showed on the same day on my mbna statement !! just makes me wonder what they are up to.
they also sent me a NOTICE OF SUMS IN ARREARS the other day, telling me I am now 2 months in arrears....like I didn't know
Tobyjug

This the problem they like all credit card companies refuse to sign up to the new method as it cost them interest, time FSA ordered them to comply with 2012/13 era, same with shop direct etc.

[blueforyou]

Re: mbna cc cca

Hello TJ. Your case is similar to mine, do you know if your agreement is UE yet? Please read my diary too.

[tobyjug]

Re: mbna cc cca

Hi Blueforyou, just read your diary, a very good read, well done at keeping the dc at bay and yes Niddy has told me unfortunately my agreement is ...... so I am just going to keep sending them the £5 token payment each month on the 10th and I don't care if they add it to my statement on the 11th, 12th or any other day, cause I know I have kept to my side of i,.
I asked them to stop interest while I try and find some work and have they? NO.... they have added £1000 more in interest and charges which has now taken me well over my limit which they also charge me for!
I asked them to contact me by letter only due to stress - ( I even removed my numbers on the internet log in - but they must have the old numbers stored .....just in case !!!!!) they are calling 3 different numbers up to 8 times each day that I know of !!! all are either 0800 numbers or different mobile phone numbers, ( I keep a log of all numbers times they called and which number they called...... sad I know!!!!! I have looked them all up on the internet and they all come up as MBNA. I now don't answer any calls that I don't know the number of and soon I think I will be asking to change my home and mobile number completely and then they will be buggered ha ha ha god help my postman then
Take care
Tobyjug

[blueforyou]

Re: mbna cc cca

Hi Blueforyou, just read your diary, a very good read, well done at keeping the dc at bay and yes Niddy has told me unfortunately my agreement is ...... so I am just going to keep sending them the £5 token payment each month on the 10th and I don't care if they add it to my statement on the 11th, 12th or any other day, cause I know I have kept to my side of i,.
I asked them to stop interest while I try and find some work and have they? NO.... they have added £1000 more in interest and charges which has now taken me well over my limit which they also charge me for!
I asked them to contact me by letter only due to stress - ( I even removed my numbers on the internet log in - but they must have the old numbers stored .....just in case !!!!!) they are calling 3 different numbers up to 8 times each day that I know of !!! all are either 0800 numbers or different mobile phone numbers, ( I keep a log of all numbers times they called and which number they called...... sad I know!!!!! I have looked them all up on the internet and they all come up as MBNA. I now don't answer any calls that I don't know the number of and soon I think I will be asking to change my home and mobile number completely and then they will be buggered ha ha ha god help my postman then
Take care
Tobyjug

You have sent the letter re not communicating over the phone but only in writing have you?

[MrsD]

Re: mbna cc cca

toby jug you have sent this letter haven't you?

Our Templates | Harassment & Intimidation Templates | Harassment by Telephone

[MrsD]

Re: mbna cc cca

if you aren't blagging and are paying all you can afford I would be complaining to the FOS about the interest

they are normally useless buggers but they can help in these cases

consumer helpline
Monday to Friday – 8am to 8pm
Saturday – 9am to 1pm

0800 023 4567
calls to this number are normally free for people ringing from a "fixed line" phone – but charges may apply if you call from a mobile phone
0300 123 9 123
calls to this number are charged at the same rate as 01 or 02 numbers on mobile phone tariffs
These numbers may not be available from outside the UK – so please call us from abroad on +44 20 7964 0500.

We'll be happy to phone you back, if you're worried about the cost of calling us.

[tobyjug]

Re: mbna cc cca

hi MrsD and Blueforyou, yes when I first wrote to them in December I told them that I have lost my job as they company I worked for had ceased trading and would not be able to make my normal payment until I found work, I asked them would they please not put anymore charges on the account and freeze all interest and I will send them £5 per month as a token payment until I get back on my feet. I asked them would they please only contact me in writing due to the stress I was under I just couldn't face speaking to them. they wrote back saying they have restricted my account and thanks for letting them know about my current financial situation and I should ring them to discuss the information they need or fill in an I&E, and then they will discuss the repayment options with me ( I didn't bother to ring them or do the I&E as I already told them I have no income and I don't, my OH is paying all the bills at the minute and gives me the £5 to give them.
They then went on to say I now need to destroy my credit card, like I thought I could still use it......
MRSD, I thought they where allowed to carry on adding interest until they default me or sell the debt, so that why I have not bothered to complain...just thought ...no point and I thought this is what they do to bump up the final amount when they do come to sell on as they will get more from the debt collectors if they pay a percentage of the final amount for it
Tobyjug

[MrsD]

Re: mbna cc cca

nope

I have complained to FOS about a credit card company who thought they were above British law, I got the interest refunded and compo of 25 quid

it costs them £500 for every complaint

get going!!!

[tobyjug]

Re: mbna cc cca

oh right, ok thank you
tobyjug