Harrassed!

KerryH

I'm feeling really harrassed today and quite sick!

I have a loan with MBNA, because I live at home I have never mentioned anything about this loan to my parents/family because I know of the reaction I'm going to get.

However, this month I ran into difficulties and called MBNA. They agreed to take payment on a day that best suited me which was wonderful! No problems there. I thought it was sorted!

But yesterday they called my home line FOUR times with an automated message "This is an important message from MBNA loans for KerryH". My mum answered this call twice, but she thinks it's marketing.

I have twice asked them to remove my home number from their system!

They also called my mobile phone four times!

To me, this has been a breach of my confidentiality! It doesn't matter that they didn't "discuss" my loan with my parents, the fact that the message openly says "MBNA LOANS" is unacceptable to my mind because my finances are my business! Now it just feels like harrassment. I'm sitting in work panicking like mad incase they call again today and I didn't get much sleep last night.

I don't know what to do....

Crown

Hi Kerry, It does seem to be a bit much to have them leave a message mentioning loans. Why could just say please call the HSBC.

There are some standard template letters if the creditors harrass you once you have made an arrangement to pay your debt but I dont know where you stand legally with regards to the answer phone message.

Have you telephoned there complaints dept? I wouldnt bother speaking to the customer services dept as they will just ask for repayments. there like Robots! I think you have a valid point and wish you luck. hopefully someone else may know about if they are allowed to do this.

patwa_2

HI. Never had the automated message give my name before, but anyway...

Usually banks will try to get you on your home number, and unless you specifically state otherwise I think it's just assumed that that is your number so you're the one that'll answer the phone (a poor assumption I know but).

You could try explaining the situation to MBNA. Tell them you would prefer to only be called on your mobile due to personal issues at home (you don't have to go into these) and you feel your confidentiality is at risk if they call your home number. Ask them to set your mobile as the primary or only contact number, although for the security they will need a landline on file. You can even tell them to call you between such and such a time when convenient if they need to validate that you do in fact live at that address.

H.

KerryH

Well, I have told them on three occasions now to remove my home number; they have works number instead and my mobile. I've explained my situation until I'm blue in the face.

Yesterday, in total, I had 8 phonecalls depsite being told I wouldn't receive any more chase ups for two weeks! Surely this is harassment? I've faxed over a formal complaint now to MBNA.
I don't really know where I stand with regards to the Data Protection Act though...does anyone have any advice? The use of my home number has caused unnecessary personal distress...surely this counts for something?

Crown

Hi Kerry, Hopefully the fax you have sent will get some results. If not here is a the letter that I have used before with some creditors and it seems to work.

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"Dear

I am writing to express my serious concerns regarding the telephone calls that I have received from your company.

I am now formally requesting that all further correspondence be made in writing only.

I demand that these phone calls stop immediately. I am familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1970 and I believe your harassment places you in breach of these acts.

If you continue to call, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such, I will report you to both Trading Standards and The Office of Fair Trading.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

You will be deemed to have been served notice of my request and I will deem it served by (FULL DATE), I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.


Yours faithfully,"

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ceebeeby

Could you not phone them up and say you've changed your home number and it's now XXXXXXXXXX and give them your work number (or, dare I say it a fictitious (sp) one)?? as they have your genuine mobile number if they need to urgently contact you?

KerryH

WOW! Such fast advice and it's really appreciated! I'm fed up with them...they're like vultures!
I just don't understand why they are continuing when my payment has already been arranged!

madmoney_2

i think you should go with crowns letter hun, that way u wont be getting any calls! I know from my own experience that i hate talking to creditors on the fone, i can hardly understand them and they always seem to ring when im puttin out the tea or setting off for work or trying to sort my son out. i sent a letter similar to crowns and now only get letters, which is way better. my mum sez i dont answer the phone like a scared mouse anymore!!!

hbslc

Can I formally ask my creditors to communicate with me via email rather than letter or phone? I get between 6 & 10 calls a day that I can't answer, and I waste so much time deleting their voicemails!

Letters wouldn't work because I only get home to pick up post every fortnight, so I can't actually respond in the timescales they suggest!

Crown

I also have requested to be contacted via email although I was told they do not have the facilities to do so. Also a email doesnt have the same impact as a physical letter or call.

Remember that creditors are just interested in getting there money and they can intimidate ir cause distress with letters and calls. If you get emotional about it then your more likey to pay up.

Saying that with a few collection agencies I have managed to send emails with PDF attachments before what saved me money on the postage stamps but it took time to actually speak to manager who would allow me to do this. They disnt have a general email for the collection teams but allowed me to email them directly. (that company was iQar collections previously Legal & Trade)

hbslc

Sorry, had a few thoughts:

1) Get caller id & save the numbers, that way you can decide if you want to take the call. Some landline providers can be convinced to provide this for free. I only have a mobile, so caller id is the norm. I have a list of numbers if anybody wants them, not sure i can post them here. There is a web site that lists them, again not sure i can mention it here. But I guess this web site has them somewhere too.

2) I spend all day every day near a computer, so 9 times of 10 I can google the number (if displayed) before answering it to figure out who it is!

3) Withhold your number whenever you call them. 141 is mandatory. In my experience, companies record the phone numbers you call from and will call them all to chase you. My mortgage company phoned my friends house chasing me, a credit card company phoned my VOIP number (which i never give out), and somehow some companies have picked up on an 0870 number i had years ago. I'm sure they spy!

4) On that note, get an 0870 number which you can redirect to any number, and/or voicemail. They can be obtained for free, and you can earn a small amount from people calling it. Say 1/2p a minute. So it's in your interest to keep them talking!