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More MBNA Intimidation/Scare Tactics!!

2

Comments

  • Bunnyinthelights
    Bunnyinthelights Posts: 15,278 Forumite
    Having had SEVERAL conversations with them, I can completely understand your feelings-they are bullies and ruthless.
    Good luck,
    I got to the point where I told them to stop calling me, and that I would only deal with letters and it's finally calmed down-but the stress it caused was immense.
    Bunny
    Empty pockets never held anyone back, only empty heads and empty hearts can do that -Peale
  • GreyPilgrim
    GreyPilgrim Posts: 1,636 Forumite
    With regard to harassing your neighbours...my jaw is on the floor. I would fully expect that kind of behaviour from the kind of finance company that operates from the pool room in the Blacksmiths Arms and whose penalty charges come in the form of actual bodily harm, but from a 'legit' company? I'm sure they're breaking so many laws and codes of conduct that any solicitor would take your arm off if you approached them with claims of unfair harassment.

    I would take the advice of previous posters. Can you get any comments in writing from the neightbours who have been approached? I would recommend screwing MBNA for as much as you can. Take some legal advice on this.
  • lulgirl
    lulgirl Posts: 18 Forumite
    Hi all, Yes I could easily get comments off the neighbours no probs.

    I just want the !!!!!!s to leave us alone!!! They will be getting their money back, just not as quickly as we like. It's really hard to maintain your cool though on the phone. Thankfully, we have been dignified throughout when reallly just want to tell them to f off!!

    Think maybe I should get some legal advice. Thanks for your help everyone.
    Trying sooo hard to save :A
  • contact them by letter send it recorded state you will no longer put up with the harrassment state how much you can afford and how and when you will make your payments state if they continue to harrass you you will cease all payments and dispute in writing the full amount and state you will leave it to a court to decide if you owe the money etc dont bother with chit chat on the phone to be honest there ideas now are comeing to an end theres nothing else they can threaten you with so threaten them and regain control
  • Communications Act 2003 states:

    s.127 Improper use of public electronic communications network
    (1) A person is guilty of an offence if he-
    (a) sends by means of a public electronic
    communications network a message or
    other matter that is
    grossly offensive or of an
    indecent, obscene or menacing character; or
    (b) causes any such message or matter to be so sent.
    (2) A person is guilty of an offence if, for the purpose of
    causing annoyance, inconvenience or needless anxiety to
    another, he-
    (a) sends by means of a public electronic communications
    network, a message that he knows to be false,
    (b) causes such a message to be sent; or
    (c) persistently makes use of a public electronic
    communications network.
    (3) A person guilty of an offence under this section shall be liable, on
    summary conviction, to imprisonment for a term not exceeding six
    months or to a fine not exceeding level 5 on the standard scale, or
    to both.
    (4) Subsections (1) and (2) do not apply to anything done in the course
    of providing a programme service (within the meaning of the
    Broadcasting Act 1990 (c. 42)).


    I used this when LINK Financial kept calling me (for a debt that was not mine!) and they backed off very sharply :)
    Darth Mallrat
    :mad:
  • Tootsie_Roll
    Tootsie_Roll Posts: 733 Forumite
    OK - now the facts !

    So you are on a debt management plan through cccs and presumably making regular agreed payments. Regardless of this MBNA are still entitled to take you to court, obtain a ccj and get a charging order on your house. I have posted before that this is becoming more or less standard procedure for lenders to protect their debts since the ridiculous enterprise act. Now this is not what you want to hear and will no doubt result in lots of posts about it being rubbish etc etc, however if they do go to court the judge is obliged to review your overall financial position inculding any equity you might have in your home.

    As an MBNA customer myself who's not even in debt I can understand why you hate dealing with them, they really do have to worst customer service. Partly this is due to the environment they work in. I have been to their offices in Chester on a number of occasions, their call centre staff are all boxed in like battery chickens - really horrible. None of this excuses their behaviour though.

    I would throw the ball back in their court. Try speaking to someone in a senior position and ask them what they want from you - explain that you are paying all you can via cccs and that the payment will increase as soon as your income increases. Basically don't deal with one of the call centre monkeys.
  • desmonds
    desmonds Posts: 97 Forumite
    I may be wrong, but if you are working to resolve the situation, have been in constant contact with them and are going via CCCS, I would feel this is unfair harrassment and is surely not allowed. Have you mentioned it to CCCS? If you are not doing so already all correspondance and phone calls to them I would log dates times and whom you spoke to. This does sound very unfair.

    Hi,

    This is unlawful intimidation and harrassment.

    Go to the police and report them for harrassment.

    My brother kept getting letters from companies, so, he phoned the police.

    They advised him to ignore the harrassment.

    The letters soon stopped


    Desmonds
  • nicola1982_2
    nicola1982_2 Posts: 593 Forumite
    To go down the legal path you should contact the financial ombudsman as it will be done free of charge.
    £4000 challenge

    Currently leftover - £3872.15
  • kar
    kar Posts: 218 Forumite
    Definately speak to financial ombudsman.

    Tootsie roll you seem to have the wrong end of the stick. what has been said is that MBNA CAN'T speak to a neighbour about your debt. End of story it's wrong. They should be punished for breaking the data protection act. Your personal details including how much debt you are in or to whom are not public knowledge and a comapny is not allowed to treat it as such.

    Yes they can go to court. They can not though, as their letter suggested just come round and take your stuff. They are required to go to court until they do that they have no authority over any property. They are trying to miss out the court bit again this is wrong and they should be pulled up on even trying to attempt to scare people by providing incorrect information like this.

    Company should be forced to follow procedure - we are not saying they shouldn't get their money back or even try to get it back we are saying they should do so WITHIN THE BOUNDARY'S OF THE LAW
    Current Mortgage - £156,633:eek:
    Expecting baby no. one on 27th Oct 2010
  • Just a thought, but presumably they have charged you for missing payments and/or being over your limit? Have you checked out the Bank Action Group forums about reclaiming these charges and there's loads of info about Data Protection (which I agree with other posters, they have broken)?

    Not sure how this would work with your DMP though, maybe someone else can clarify?
    £2 Saver Club (started 24th March '06) going towards No. 2 Son Cub trip!!
    20p Saver Club (started 11th April '06) Grand Total = £135.00 Paid to Akela
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