Piesky-V-MBNA

[piesky]

Hi, I sent a CCA request recorded delivery with a £1 postal order on 5th December 2008. I still have not had any response from MBNA apart from calls (4 or 5 times) daily asking to speak to cardholder. What should my next course of action be? Do I now send them an SAR request asking for all details held on me since the account was opened (11 or twelve years)? Thanks. Piesky

[Amy]

Re: Piesky-V-MBNA

Have you checked the CCA request was received by them and if so, on what date? They have 12 days and then a further 30 days to comply.

You can send an SAR request at any time you wish, but it is a separate issue to the CCA.

[Birdie]

Re: Piesky-V-MBNA

Try sending this letter to each of your creditors - it worked with some of mine, although I have to admit, we changed our telephone number in the end as the calls were driving us crazy (told the phone provider that we were receiving nuisance calls, pleaded with them to do it for free)

Dear Sir or Madam,

TELEPHONE HARASSMENT
ACCOUNT NUMBER: xxxxxxxxxxxxxxxxxx

I am writing to complain about the high number of telephone calls I have received from your company.

Despite a verbal request to stop these calls, I am still being contacted and I deem this to be personal harassment.
I now request that ALL further contact from your company be by letter only.

I believe that your continued harassment of me by telephone places 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, which could result in a substantial fine against your company.

Be advised that any further telephone calls from your company will be recorded.

Yours faithfully

[Curlyben]

Re: Piesky-V-MBNA

If they continue to call, simply answer them and inform them that you do NOT conduct financial business over the phone and that everything must be in writing for the avoidance of doubt.

Also tell them that YOU are recording the call, they wont like this much, but you are completely within your rights to say this.

[piesky]

Re: Piesky-V-MBNA

Thanks for your advices Amy, Birdie and CB. I will send the harassment letter and the SAR. MBNA did receive the CCA 2 days after posting recorded delivery. I take it from this that MBNA cannot process this further until they have complied with my formal requests?

[Birdie]

Re: Piesky-V-MBNA

Are you behind with payments to them? From personal experience, they leave it until the 6th or 7th non payment, then immediately "employ" or sell the debt to a DCA.

Are you disputing charges? If so, have you written to them to dispute them, if not, then I would strongly suggest you do? There is an excellent letter in the library.

[Curlyben]

Re: Piesky-V-MBNA

DON'T SAR them yet.
Your CCA request is currently in play and until they comply there is nothing further to say to them.

[piesky]

Re: Piesky-V-MBNA

Yes I am behind on payments but I'll do as you suggest CB and wait until the 12+30 day period is up. Yes I want to dispute the charges (lots of) but also want to see a copy of the CCA.

[Birdie]

Re: Piesky-V-MBNA

I would still send a dispute letter at this stage (Recorded Delivery) , whilst you are waiting for the CCA response. (I'm sure CurlyBen will correct me here if I am wrong!) :santa_cheesy:

[piesky]

Re: Piesky-V-MBNA

Hi, I have today received a reponse from MBNA with a photocopy of the agreement signed by me (shrunk to 2" X 4") on one piece of A4, the financial and related conditions on another sheet - maybe pertaining to March 98 when the agreement was signed, and then the most recent terms and conditions on another sheet (photocopied). They have also included copies of the most recent statement. How do I know if what they have supplied conforms in every way with the CCA request? What do I need to look for? If this is all correct and above board, I will send them an SAR as much of the balance is made up from Charges, etc. Any help appreciated please. Piesky

[Curlyben]

Re: Piesky-V-MBNA

can you scan and post, after removing your personal info of course.

[piesky]

Re: Piesky-V-MBNA

Yes, I can do that. What is the best way to do this and what format.

[piesky]

Re: Piesky-V-MBNA

Please excuse my ignorance, but how do I upload the CCA (saved as a pdf file) onto this thread?

[piesky]

Re: Piesky-V-MBNA

Hi, I think I've worked it out. Here is a pdf doc with copies of the two A4 sheets MBNA sent saying they had complied with my request.

[piesky]

Re: Piesky-V-MBNA

Sorry, posted twice