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MBNA dispute letter help needed

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  • Hi again,

    A couple more thoughts -

    1. I think there was quite an important court case in the last few years that might be relevant. Something to do with card cloning? Maybe before Chip & Pin though.

    Anyway the key point is - the bank's lawyers were arguing that because the bank's computer security was impregnable, that meant the customer "must" have been careless with the pin. The judge rejected this because it is not based on any evidence (and in fact assumes the conclusion that it supposedly proves). He ordered the bank to provide the customer with the source-code of all the banks security systems, so that it could be independently examined for weaknesses. At this point the bank withrdrew their defence.

    I suggest you do a bit of research to track down the details.

    2. Think about how far you are willing to take this. If you are willing to go to court, then don't waste time putting all your arguments in letters to the bank - save it for the court. Just write the the bank with the key points, so it is clear that you know your rights but are not going to get into a lengthy debate.
  • Hello Peeps,

    I have had a similar fraud done on my MBNA card. My fraud was done in May 2007, for £8000. One transaction was done for £7000, and in another transaction the card was used to pay a bill at the local London Council office. All transactions were done within 2 days. The fraudsters even changed the address on the account twice within 3 days - the first time they changed the address they cancelled the original cards and ordered new ones to be sent to the new address together with a copy of a recent statement. The funny thing is that the MBNA account is under my name and my wife is simply a named card holder - BUT the person that rang up to change all the details was a woman posing as my wife. MBNA's response to this is that since she provided the correct secuiryt details we let her alter the account to her hearts content - so to speak. Data Protection gone out the window here...

    Also, its funny how a transaction for £7000 is being done - and MBNA refuse to query the transaction with the account hgolder. Yep - MBNA did not contact me to confirm that I was making this transaction - bearing in mind that my accuont has never exceed more than £1000 - and a single transaction has never been more than £500 (which incidently they have rung up to confirm that it was me). When questioned - MBNA's response is simply that we have given you the card to use it - hence that is the reason we did not question the transaction.

    MBNA have written all this to me in writting, and also advising me that the company where the £7000 transaction was done appears to be fraudulant company as there are no records for it - and because of this they are passing the debt onto me. Their fraud department has even told me that they have done a search for the company in question on Google and the details found are incorrect hence they have reached a dead end. HANG ON A SEC - church bells are ringing here....if the company in question is a fraudulant company than how can they release funds to such a company? And the chip & pin machine must be registered to a company or a bank account. And the funds must have been transferred into a bank account - so WHO DOES THIS BELONG TO? MBNA have refused to comment on this.

    Anyway - the bottom line is that I have writtent o the Financial Ombudsman - and as always they have taken the side of MBNA and written to me saying that:

    "...there have not been any reported cases of chip & pin cloning...
    .....and since it has been proved that chip & pin was used from the original card, there is no doubt that transactions were carried out by the card holder.....
    .....taking the probability of chance into account, and the way the transactiosn were done, it does not appear to be hallmarks of a fraudster....
    .....taking these points into account I do not believe that this a fraud case....and it remains for you to re-imbuerse the outstanding amount to MBNA....
    "

    I was told in the begining to be ready for something like this as the Financial Ombudsman will ALWAYS take the side of the financial institution (if they didn't it would be financially bad for the country - so I take it they must be thinking that its okay to screw up innocent people just as long as we got these banks pumping money inot the pockets of these paylimentry bigwigs). I'm, ofcourse, apealing against the financial ombudsmans decission - so lets see what happens.

    Anyway, anyhelp from any forum member woudl be great help - and the information provided by 'luvagoose' on the background of the raud officers at MBNA is most helpful and I will be doing reaearch into that....

    Take care guys..
    K
  • PHANTOM
    PHANTOM Posts: 8 Forumite
    Part of the Furniture Name Dropper First Post Combo Breaker
    I just thought - if there are people out there like myself and luvagoose, who are in dispute with MBNA, why don't we all deal with this situation together...as they say "...the power of many is better than power of one..." or something like that...

    Just to add, I've been dealing with my dispute for the past year - and the only thing left is to let MBNA take me to court - as they have broken many a laws - including the Data Protection law, as well as the Voluntary Banking Code of Conduct.

    Just to let you know - MBNA's debt collection company have chased me for the outstanding amount - and in their last letter they went on to make me an offer - in that "...MBNA are feeling generous and are willing to write off 70% of the debt and will accept on ly 30% of the debt..." - but I only had a couple of weeks to respond....and what was my response....well they can spin on this <CENSORED>.:D

    Remember Guyz - NEVER PAY anything towards the outstanding fraudulant debt - because as soon as you pay even a penny towards it - you are lawfully admitting that the debt is yours. One ploy MBNA have tried using with me is to tell me that if I keep up my repayments - even paying atleast £50 pounds a month, it will not affect my account and my credit rating. And when questioned if I would get that money back - MBNA's answer was that Yes - creditted back to your MBNA account if the matter is resolved - in other words Like hell if I ever see a penny of it...

    K
  • bert&ernie
    bert&ernie Posts: 1,283 Forumite
    James wrote: »
    Luvagoose, I've PM'd you again.

    Just for info I have in my possesion, an exact duplicate chipped card. Both cards have been used for face to face transactions in chip and Pin terminals in shops (the chip was checked NOT the magstrip). I have witnesses and had no intention defraud the card issuer. (Transactions paid in full).

    So if MBNA are telling you you can't get an exact duplicate of a Chipped Card, they are mistaken.

    As or your PIN being captured it's oh so easy.

    wow, quite the "security researcher" aren't you - and a bit of a tease to boot! Care to post details of your experiment?

    For instance, are you claiming that this is an SDA "yes card", or have you a clone that can be verified online by the issuer - the holy grail, as it would seem?
    The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts.
  • not_loaded
    not_loaded Posts: 1,187 Forumite
    Part of the Furniture Combo Breaker
    Phantom, good for you! A man after my own heart…

    Pushing them to the limit where they start to make huge concessions is good. But then they throw in the clincher – to start paying or else…

    “MBNA are feeling generous”. Ha! Don’t make me laugh!

    In recent years I’ve pushed two companies to the limit with county court action, and they always get really busy the closer the date of appearance is. Their tactic is to scare you into withdrawing, or in your case paying.

    My actions were for unpaid debt. I held firm and won on both occasions.
  • fiveyearplan
    fiveyearplan Posts: 10,145 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    When did you take out the card (sorry if its already posted above)?

    :j :j


  • James
    James Posts: 2,059 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    bert&ernie wrote: »
    wow, quite the "security researcher" aren't you - and a bit of a tease to boot! Care to post details of your experiment?

    For instance, are you claiming that this is an SDA "yes card", or have you a clone that can be verified online by the issuer - the holy grail, as it would seem?

    No tease.

    Got 2 Visa Credit Cards Identical: (Bog standard Gold Credit Cards).

    Same 16 Digit Card Number - Same Valid From and Expiry Dates. Same embossed name. Same details on magstrip (Last 4 figs of 16 Digit Number and 3 Digit CVV Number).

    I've used both cards in a Chip only environment within 10 minutes of each other. One at a Craft Shop and the other in Halfords. This can be confirmed by one of the retailers and the card statement showing payments both payments accepted.

    Bottom line is if anyone every wants me to produce these cards and prove this in court. I'm willing to do so.
  • When did you take out the card (sorry if its already posted above)?

    Morning all...

    Thats a very good question...

    Now the funny thing is that I have held my MBNA (or Virgin) card for the past 5-6 years without a hitch. using it on a regular basis, and always paying it off etc etc...than back in October 2006 I moved house, and a few weeks later I had a break in and among the stuff that was taken were folders containing paperwork - including bills and statements etc for the year 2006. These were credit card bills, phone bills, utility bills - and most were addressed to my previous address, with just one or two for the new address. a month or so later MBNA rang me up to ask if I were trying to withdra £5000 and quickly cancelled the transaction. A similar thing happened with my other credit cards that someone tried to withdraw money from them - but all of them rang me to confirm. And than this thing happened in May 2007.

    Like 'luvagoose' has mentioned, MBNA are saying that the pattern of the withdrawls shows that it is someone that I know - family or friend. As one ATM withdrawl happened about 3-4 miles from my previous address and another happened 3-4 miles from my current address.

    Just to add, I cleared the balance on my account by December 2006, and the cards remained unused. And then I decided to use the card just to keep it activeand found that the transaction woudl not go through - it was at this point that I rang MBNA and they told me that the card that I had in my possession had been reported lost several weeks before, and I should be using the new cards. They also informed me that already I had a balance of £8000 on my account.And the funny thing is that when they asked for all the information on the account - it was totally different. The only thing that had not been changed was my place of work and its contact number - but everything else, address, mobile, occupation, security question were different. And like i mentioned in my previous post, the address got changed twice in two days.

    When I posed a question about data security and MBNA's security procedure to them they threw a question back at me asking:

    '...if I hadn't used my card for a long time - why did I decide to use my card now? This is very disturbing for MBNA as I had not usedmy card for 5 months and than all of a sudden decide to use it...' - EXCUSE ME-WHY THE FQZ HAVE YOU GIVEN ME THE CARD THAN???

    The Stoopid Financial Ombudmans Apprentice ignored all facts regarding Data protection, Customer Security, Banking Code of Conduct etc., and kept mentioning in his letter that

    "...all the logs provided by MBNA point ot the fact that the original card and chip was used in all the transactions, and the PIN was entered correctly first time and all the time. This proves that no fraudulent activity was carried out, and there has been no proven report of the CHIP being cloned ever..."

    If I ever go to court I woudl like to provide the information that James has given us - What do you say matey...

    Sorry about the long War & Peace novel guys...:rotfl::rotfl:

    K
  • By the way guys...

    Here is a website from peed MBNA users in America...its a great read...

    http://mbna.pi$$edconsumer.com/

    please replace the '$' signs with 's' as the forum doesn't like vulgarity...lolz

    K
  • not_loaded
    not_loaded Posts: 1,187 Forumite
    Part of the Furniture Combo Breaker
    No wonder fraud is so easy with these morons looking after our accounts…

    Good luck with them!
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