Bank Discussed my details with non-account holder

bigcheese79

I need a little bit of advice. After a period of redundancy I was a small amount behind in my repayments to MBNA credit cards. I found work overseas and gave my creditors my contact details. Yet MBNA continued to call my parents houses.

On one particular occassion the MBNA operator phoned and my brother answered the call. He explained that I was not living at this address. The operator then asked my brother to make a payment on my behalf! He told him how much he should pay to give me a month of 'breathing time''. My brother knowing that the bank should not have told him this enquired how much he would have to pay to clear the balance and was given the exact figure. He made it clear he was not the account holder, yet seems to have been given all my account balances.

I have phoned MBNA, they have not done anything other than say they will look into it. This was 2 months ago..

Can someone please help or advise me on what I should do?

natweststaffmember

Put it in writing to them first of all and explain the circumstances. I am sure others will ask the question but did you not make any payment to MBNA in spite of the address issues?
Was a payment plan being discussed?
I agree with you with regards to a breach of confidentiality but it would be good to deal with the whole problem as well as this breach.

magpiecottage

Speaking to another person about your account without your consent IS a breach of the Data Protection Principles - unless there is an overriding legal reason to do so - seems unlikely when MBNA made the call. That, in turn is grounds for complaint.

You don't need to complain in writing to MBNA.

When you telephoned them, they were required, by law, to either resolve the matter, to your satisfaction, by the end of the next working day (or the one after that if it was a weekend or after the end of normal business hours) or to put it into their formal complaints procedure.

Fill in this form, make clear when you telephoned MBNA, that you have heard nothing since and you understand that they have now broken the rules about complaints because they should have responded within 8 weeks.

Print it off, sign it and post it to the Financial Ombudsman Service. (The address is on the form and it must be snail mailed). Keep a copy of it on your computer.

Ask for an apology and compensation for the embarrassment you have been caused. Making clear that the 8 week limit has passed without you hearing anything is important because otherwise the complaint will simply be sent to MBNA and you will be back at square one.

You won't get megabucks but it should cover the costs to you and will probably stop MBNA doing it again (to you at least!). It is more likely that it would actually take the form of writing off part of your debt - which is probably preferable anyway.

There is no charge to you for taking it to the Financial Ombudsman Service - but you always have to allow them up to 8 weeks or to issue a letter saying it is their final response first.

bigcheese79

many many thanks for your assistance and information. Very much appreciated.

IN reply to natweststaffmember.. I had made regular payments to them and continued to make regular payment throughout my redundancy, even though they were not full payments. It was my view that this would at least show the intent to clear the debt which I am now well on the way to doing.

One of the problems I found with MBNA was that you would make a payment and explain the circumstances and make an arrangement. Then between payments you would be called by more than 1 collection agencies asking for the same payments. Business is business and one doesn't expect sympathy but I have to say that they have been the least understanding company I have dealt with.