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Harrassment from mbna

I have a Credit card with MBNA of which I am two payments behind. I spoke at length with an advisor and was advised to continue paying my monthly payments plus a little extra to gradually clear the missed payments.

I have had this card for about 5 years now, over which time MBNA have charged me an extortionate amount of interest and charges and have also increased my credit limit without informing me. I have been receiving about 10 calls a day from MBNA and their third party companies in regards to payments.

I am sick to death of having to call them back from my mobile, which is costly, to explain I have spoken to an advisor or made a payment already. I tried to make a complaint about the number of calls i was getting and was told they would deal with this. I was told my someone that this is harrassment and I should only be getting up to 3 calls within 24 hrs.

Is there a legal number of times a company is allowed to call in 24hrs in regards to collecting a payment? This is causing me so much stress, let alone embarrassment if they call whilst I am at work on my mobile.

i am struggling with this debt as it is and can not understand why MBNA are so unhelpful and rude on the phone either. Most of the time when they call I arrange a call back at a more appropriate time to make the payment or speak with them. They always tell me that if i do not pay then and there I will be in serious trouble.

Please can anyone advise me of my rights?

Comments

  • td_007
    td_007 Posts: 1,212 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    First of all make the complaint in writing informing them that you will take this to ombudsman if this continues - make sure you make note of time and date when you are contacted. Meet with you local CAB - all companies have to abide by certain rules when it comes to collecting debt and your CAB will be able to give you exact advice. Have a look here to get some more info.
  • Send them this by post (Delete the red entries and enter the account numbers/addresses where required)
    Your Street
    Town
    City
    Postcode
    DATE HERE
    Company Name
    Road
    Town
    City / County
    Postcode

    Re: Harassment by telephone


    ACCOUNT NUMBER: XXXXXXX

    Dear Sirs

    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. (Delete if necessary)

    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!!**)


    Yours faithfully,
    Send it to Chester towers at this address

    MBNA Europe Bank Limited
    PO Box 1004
    Chester Business Park
    Wrexham Road
    Chester
    CH4 9WW
  • Hi Sarah
    You're not alone with the MBNA problems, I'm afraid. We are in the process of starting a debt management plan, and have informed our creditors in the approved fashion. Actually had letters back from MBNA which sounded quite understanding, but we have been getting very persistent calls from a company called RMA(?) who claim to be dealing with our missed payments etc. Eventually lost it with the bloke on the phone, which was probably not the best idea, but he simply would not listen to what I was saying by way of explanation. Ended up accusing him of harassment and intimidation, neither of which are allowed!
    If it's any help, we found the advisers at the National Debtline to be excellent, they gave us lots of advice re dealing with these people and it is a big help to know that you are not alone in it!! Alternative strategy has been to activate Caller Display on our landline and ignore the lot of them!!!
    Best of luck to you.
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