MBNA - Amazing what they do and nobody can tell them to stop ?1?

[birkopf]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

They have 40 days to respond that is the Regulation, if they do not you complain to the Financial Ombudsman Service.

I am still awaiting for reply to SAR.

- Do they have the right to charge me interest and issue default note while the transaction in question is being investigated by Financial Services Ombudsman ? Can I request them to freeze the account relating to my rights ?

[MIKE770]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

I am still awaiting for reply to SAR.

- Do they have the right to charge me interest and issue default note while the transaction in question is being investigated by Financial Services Ombudsman ? Can I request them to freeze the account relating to my rights ?

You can ask them. but well on form probably waste your time. may be best not bother.

[birkopf]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

Is there any legal clause/paragraph I could quote in my letter to them ?

[MIKE770]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

Is there any legal clause/paragraph I could quote in my letter to them ?

Might be wrong but I cannot think of one myself. maybe other peeps may of come across this one?

[Guest]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

No, i am afraid the account will remain open for as long as a balance exists, eventually they will default it and sell it to a DCA.

The only way you could fight this is to show that no purchase was made.

IMHO

D

D

[birkopf]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

No, i am afraid the account will remain open for as long as a balance exists, eventually they will default it and sell it to a DCA.
The only way you could fight this is to show that no purchase was made.
IMHO

That's what I am trying to show and I have provided proof of that to Ombudsman but they take ages! Below is a draft of my letter to MBNA. Please let me know if you have any comments:

I am writing to ask youto freeze account ending with number XXX and charges imposed on itsince 01 January 2012. As you are aware, Financial Services Ombudsmanis investigating last transaction on this account (ref. XXXX)since January 2012 and is about to reach it's decision.

Additionally, FSOAdjudicators - James XXX and Sue XXX requested MBNA UK to freezecharges on this account.


Please see attachedevidence showing that MBNA UK is fully aware of this investigation,but is acting as it wouldn’t be, treating the account holder as ifhe will be avoiding to pay off the debt. Account holder is awaitingFSO decision as much as MBNA and should not be treated as a personavoiding to settle account.


Account holder isrequesting from MBNA UK to remove all unfair charges imposed on theaccount since January 2012, except of original transaction amount for£XXX, fee for duplicate statement for £12 and freeze accountuntil decision will be provided by FSO.

[birkopf]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

Finally - it's becoming interesting. SAR have shown that account has been closed in May 2010. Last transaction was done on 30 April 2010 and billed over year later on June 2011 statement. MBNA doesn't want to reply to the question "how is it possible"...

- What do you think about this guys ?

[Bill-K]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

To my tiny mind, if the account was properly and formally closed on 05/10, then any further debits to it should not have been possible. If MBNA have allowed further debits, then they have thrown their own money at some scammer. To use YOUR money to subsidise their stupidity is possibly criminal, IMHO.

[Tommy]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

Sorry to drag an old thread, ive been out for a while and logged on to a pm asking for help?
One thing I'm not clear on, the £1000 paid on the credit card, did you see the amount appear on the statement AND pay this?

Finally - it's becoming interesting. SAR have shown that account has been closed in May 2010. Last transaction was done on 30 April 2010 and billed over year later on June 2011 statement. MBNA doesn't want to reply to the question "how is it possible"...

To me this looks like you was able to close the account before the £1000 transaction was debited. The time frame was also only one month, so i would reasonably suspect you was aware the £1000 hadnt been billed, thats a large amount in a short space of time to forget IMO.

However, do you have any updates as if they are breaking rules it should be dealt with.

[birkopf]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

Sorry to drag an old thread, ive been out for a while and logged on to a pm asking for help?
One thing I'm not clear on, the £1000 paid on the credit card, did you see the amount appear on the statement AND pay this?
To me this looks like you was able to close the account before the £1000 transaction was debited. The time frame was also only one month, so i would reasonably suspect you was aware the £1000 hadnt been billed, thats a large amount in a short space of time to forget IMO.
However, do you have any updates as if they are breaking rules it should be dealt with.

At the end of 2009 I was diagnosed with very serious disease and was in hospital since Dec 2009 till Mar 2010. After this I moved to a new flat and paid one of my rent payments with my credit card. Trust me - when you're chained to bed and barely can move - you don't care about due diligence on your credit card statement. I was paying off the balance on time, but wasn't checking carefully itemized statement. Those *******s billed me after one year and it took me quite a time to figure out what has happened and how they falsified transaction.

Nonetheless - I am very glad you posted your reply here. I have lost my case with Ombudsman and I am preparing my final response and sum up to my PM, Head of Ombudsman as well as FSA.

Could I post it there for your review ? I have no one who could even proof read it for me or point out anything

[FlamingParrot]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

At the end of 2009 I was diagnosed with very serious disease and was in hospital since Dec 2009 till Mar 2010. After this I moved to a new flat and paid one of my rent payments with my credit card. Trust me - when you're chained to bed and barely can move - you don't care about due diligence on your credit card statement. I was paying off the balance on time, but wasn't checking carefully itemized statement. Those *******s billed me after one year and it took me quite a time to figure out what has happened and how they falsified transaction.

Nonetheless - I am very glad you posted your reply here. I have lost my case with Ombudsman and I am preparing my final response and sum up to my PM, Head of Ombudsman as well as FSA.

Could I post it there for your review ? I have no one who could even proof read it for me or point out anything

Of course you could post it here. MBNA are the worst sharks :mad2: so anything that gives them a taste of their own bitter medicine should be good news! :grin:

[CleverClogs]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

MBNA are the worst sharks :mad2:

What else would one expect of the Mafia Bank of North America?

[FlamingParrot]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

What else would one expect of the Mafia Bank of North America?

MBNA stands for something even more appropriate than that, but I would get banned:ban: if I posted it here! I'm sure you can figure it out! :grin:

Those bar stewards increased the interest rate to a whooping 36% in 2009 when the BoE reduced the base rate to nearly zero to stimulate the economy! :mad2: :mad2: :mad2: :mad2:

I had never missed a payment in 15+ years! :rant: :rant: :rant: Despite minimum payments every month and not using the maxed out card, the balance started to INCREASE every month, and then the m**** *******s started applying over limit charges! :mad2: :mad2: :mad2: :mad2:

That was the last straw: I cancelled the DD and sent a CCA request, they replied saying they couldn't find it! :dance: :dance: :dance:

[birkopf]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

MBNA stands for something even more appropriate than that, but I would get banned:ban: if I posted it here! I'm sure you can figure it out! :grin:

Those bar stewards increased the interest rate to a whooping 36% in 2009 when the BoE reduced the base rate to nearly zero to stimulate the economy! :mad2: :mad2: :mad2: :mad2:
I had never missed a payment in 15+ years! :rant: :rant: :rant: Despite minimum payments every month and not using the maxed out card, the balance started to INCREASE every month, and then the m**** *******s started applying over limit charges! :mad2: :mad2: :mad2: :mad2:

That was the last straw: I cancelled the DD and sent a CCA request, they replied saying they couldn't find it! :dance: :dance: :dance:

Does not surprise me

[birkopf]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

Dear all,

I have spent all Saturday going through my letters and emails with MBNA and FSO (Financial Services Ombudsman). What follows below is the draft containing lot's of information which I have to re-state in professional language as well as compact. I will be obliged if you could point out your corrections and questions as well as help me with your opinions. Due to recent "developments" as well as my serious health problems I have lost a lot of money but... still I'm happy to buy a beer or reimburse.

Please, be so kind and mark all of your corrections additions so that I won't get lost afterwards. I can also post .doc file for easy editing.


Dear xxx,


I am writing today to bring to your attention severe problems as well as the unsatisfactory service that
I have received from Financial Service Ombudsman in regards to case ref 1122-0209/SE/BC62.

As a government organization which suppose to provide help to people that are often powerless against corporations, FSO has consequently failed fulfilling this role and their primary their purpose.

My official exchanges with FSO started in October 2011 and lasted until Jan 2013 (16 months). Over 200 emails have been exchanged between myself and FSO consultants which include:

[names] and others.

The documentation I have gathered for the requirements of this case contains well over 500 pages of documents, statements and letters. This evidence clearly shows even to a lay person the fact that I am in line with the law, however FSO has ruled out differently. I am deeply offended and astonished with such negligence.
I demand a reimbursement, an apology and appropriate actions to be taken against MBNA.


[DESCRIPTION OF THE TRANSACTION IN QUESTION]

I have paid for one of my rent installments in April 2010 using MBNA credit card. Unfortunately, the Merchant has not processed this transaction.

April 2010	Rented a flat in London (6mths Standard Shorthold Tenancy Agreement)
30 April 2010	Paid for one month rent using MBNA UK Credit Card
18 May 2010	Due to ongoing problems with MBNA cleared the balance and closed account under Terms and Conditions point 10c.
30 Nov 2010	Moved out from the flat, ended tenancy and moved out of UK
30 Jun 2011	Unknown transaction appeared on closed account with date of 30 Apr 2011
13 September 2011	I have been notified by automatic email about arrears on my closed account
September 2011	I have reported transaction as unrecognized and requested investigation
October 2011	MBNA concluded that transaction was genuine, PIN was used
October 2011	I have requested FSO to investigate and filed complaint against MBNA
13 August 2012	FSO issues their initial decision after much of problems. I appealed
13 December 2012	FSO has issued their final and incorrect decision

It has been stipulated by Adjudicator Sue Earl that I do not say truth as I could issue this transaction at any other given time.



It has been stipulated by Adjudicator Sue Earl that I do not say truth as I could issue this transaction at any other given time.

- I have been very confused with all of that mess and problems with MBNA as well as any transaction appearing after such a long time on a closed account.
- Nonetheless, after this bold statement I have re-sent to Ms Earl all of the documentation proving the time I was under the agreement with merchant (April 2010 – November 2010).
- I have also provided copies of supporting documentation from Council, as well additional evidence from France and my stay there.
- I have proved to MBNA and FSO beyond any doubt that I was at the time of transaction abroad and could not personally process it using PIN number, however that MBNA says so.
- Even after all of that, the Adjudicator wasn’t more helpful and was looking for every possible reason to close this case asap with negative for me outcome.
- This has actually happen on the 13 August 2012 and I had no choice but to appeal and request FSO to reconsider.
- Final review from Mr Ingram came after 4 months. I have pointed out below mistakes as well as his shocking unprofessionalism.

Some of the reasons why I decided to close my MBNA Credit Card account include, but are not limited to:

- Sending personal, sensitive data via standard post, instead of recorded delivery
- Failing to keep promise when stating that credit card will be sent via recorded delivery – it still has been arriving via normal post
- Sending PIN numbers via unprotected letters
- Delivering fragile, personal data to the wrong address!
- Being unable to update my address details after repeated requests
- Being unable to stop vast amounts of marketing information being sent via post
- Being unable to follow, advise or execute simplest requests on line or over the phone

Furthermore, those issues didn't stop after the account has been closed!

- After moving out from my address that is assigned to the card, I have been notified by a landlord that MBNA is still sending correspondence (even replacement credit cards) and other fragile data to that address which arrives in the normal post that anyone can access!
- I have never been able to recover any correspondence after moving out.
- Requester SAR arrived via unprotected mail and someone has opened the envelope stealing all of my personal data which included passwords, full card details, my mother maiden names, details of my work, details of my bank accounts, etc.
- This has been reported to the Metropolitan Police
- All of above was provided to FSO and Adjudicator has been informed about those problems
- I have requested adjudicator to assist in solving this problem although I have been refused

In the light of above I have closes my account.

- It has been done on 18 May 2010 and a letter sent to confirm this.
- Account has been closed with an effect in June 2010 (final statement).
- I have disposed my card in May 2010 according to given instructions by cutting it into pieces according to Terms and Conditions:

MBNA Terms and Conditions: 10c – “You may end this agreement at any time by paying your whole balance in full, contacting us and cutting up all cards and unused cheques.”


Below follows what I have found out after many months of research and calls. Two different transactions were made. First one originated from myself and was never billed. To avoid loss, merchant has used my personal data and issued another transaction without my knowledge or permission.

Transaction Date	30/04/2010	30/04/2011
Transaction Time	15:31	00:00 (none)
Billed Date	Never	30/06/2011
Amount	823.23 GBP	823.23 GBP
Authorization Code	035000	None (blank field)
Entry Mode	PIN, Physical presence of owner	Sale, 05, Integration circuit card read-CVV data reliable
Type of transaction	Card terminal	On-line payment gateway via WORLDPAY UK
Proof supplied to FSO ?	Yes	Yes

- I have spoken to WorldPayl UK and they have confirmed that transaction from June 2011 is invalid because it doesn’t have authorization code and my permission.
- Adjudicator has ignored this point along all others that I have made.
- WorldPay also stated that they cannot track this transaction on their system at all and the merchant in question does not have account with them anymore.
- WorldPay advised that this transaction could have been processed initially via Streamline – their sister company, however if the merchant did not billed on time and than extracted relevant personal details to process this payment by another means – it’s clearly a fraud. Adjudicator has also ignored that.
- I was not entirely sure if such practices (using personal data, card data, creating and self authorising transactions without card owners consent) are legal therefore I have asked FSO to investigate and explain that, although this has been neglected.
- The attached documents show that the payment has been processed to merchant liking in June 2011, although MBNA is claiming that my PIN has been used to process it. This is a false statement (and I demand investigation of their records a satisfactory resolution). SAR also confirms that.
- As the attached payment slips show, I have used my PIN to process the transaction in April 2010, but this transaction has never been billed.
- The transaction from June 2011 has been created by the Merchant over the Internet without use of my PIN, although MBNA states it was.

After my complaint the Merchant has admitted to Adjudicators, to MBNA as well as to Myself that they had a problem with their card terminal, and simply overlooked this transaction after which they have created another one to match the amount!

- Attached documents show that we are dealing with tow different transactions
- The merchant has stated that it wasn’t just mine payment has not been processed.
- There was much more of those invalid transactions that never been billed and the merchant has take the same steps with all of them.
- After a brief discussion I have been told that it could have been up to 30 transactions that were falsified just like mine to prevent merchant from making a loss.
- I have reported that to FSA, OFT and FSO. Nothing was done.

When the Merchant finally found out about this error one year later, he used my personal and my card details (stored without my consent) to process this payment once more, however, this time:

- Manually (themselves), without my presence
- Via online payment system, not card terminal
- Manipulating my personal details and my card details, only amount was the same
- Without my knowledge and permission
- I believe that the Businesses in UK need to be responsible, have auditable accountants and make their annual returns, therefore I do not understand how this could be “overlooked” ?
- Nonetheless, if their business is not run correctly than a local business standards organization should check it as they are a threat and fraud source (reported) and FSO should raise this issue, which did not happened.

The points below describe why the above is relevant:

The authentic transaction took place on the 30 April 2010 (as you can see on the attached original payment slip which was provided to Adjudicator).

- If the Merchant would process it after 180 days, the Merchant would be inbreach of Visa Regulations Section.
- I have provided the Visa Regulations handbook to MBNA and FSO, even that this shouldn’t be my role.

Due to the fact that they have tampered with my personal and transaction details, the Merchant have created another; almost identical transaction after more than 180 days, in June 2010 and adjusted date to 30 April 2011,

- Above practice should be treated as fraud which is against the law and i have reported that to FSA as well as FSO and MBNA themselves.
- Above falsification gave unlawful right to MBNA to refuse disputing this transaction as per my request, because falsified date shows 30/04/2011 and date of billing as 30/06/2011 which is within 180 days period.
- All of the institutions have ignored this.

In June 2011 I was in France (sine November 2010)

- I have provided evidence of my stay abroad covering all of that period to adjudicator (as above)
- MBNA and Mr Ingram from FSO is claiming that I have physically authorized this transaction on the 30/06/2011 which is a clear discrepancy and a lie – as proven previously in this letter.
- Neither MBNA nor FSO cannot prove that I have physically originated this transaction and used PIN to authorize it, although FSO and Adjudicator did not do anything about it even after many of my requests.
- Each of my requests addressed to Adjudicator has met with response that “MBNA has provided sufficient evidence that I have authorized this transaction on 30/06/2011 although Adjudicator cannot provide me with evidence as this is confidential information”
- As this transaction considers myself and contains only my data I disagreed with above statement
- I have also asked MBNA to confirm if this was a genuine transaction, and MBNA has clearly confirmed so.
- As I have cut up my card and closed account May 2010, how could I use non existing card in April 2011 ? MBNA replied with silence. Adjudicator responded with silly accusations.
- I have also asked MBNA if the transaction in question occurred on 30 April 2011 as they stipulate, and if so - why it has not been billed on May 2011 statement ? Why it took two months to process “a correct” transaction ?
- Finally – If this transaction was correct and has been billed and processed on dates MBNA claims – why I have received an email informing me about arrears on my account on the 13 Sept 2011?
- If this transaction occurred on 30 April 2011 and I haven’t paid off my minimal balance (which I did not because the account was closed since a year) an automatic email reminder would be generated by a system on the 13 May 2011, wouldn’t it ?
- If their system does not send automatic reminders after the first missed payment, it would be generated on the 13 June 2011, instead of 13 Sep 2011 which is 5 months later. Another coincidence?
- MBNA has never responded to any of my questions and Adjudicator has ignored them as well.
- How many times and from how many more angles do I need to show to FSO and MBNA this is false transaction?

[LEGAL BASE]

According to Visa Chargeback & Dispute Resolution Scheme Rules, as well as Chargeback Management Guidelines for Visa Merchants, there are at least two applicable legal bases to fulfill this request. Chargeback Code 73 may also be applicable, as the card was cancelled - meaning not valid. Visa International Operating Regulations state explicitly, that every single company providing VISA cards must act in accordance to those regulations as the card is a property of issuer that is VISA International, therefore MBNA part of Bank of America is formally bound to them. Following is the extract from Handbook provided to both MBNA and FSO.

Reason Code 74 Late Presentment

Overview: Reason Code 74

Time Limit: 120 calendar days

Description: Transaction was not processed within the required time limits and the account was not in good standing on the Processing Date, or the Transaction was processed more than 180 calendar days from the Transaction Date.

Requirements: Sales Receipt Older than 181 Days

Instructions: (NR) If the sales receipt was deposited more than 181 days after the transaction date, accept the chargeback. (In this situation, the cardholder’s account status is not a factor.) No remedies exist for chargebacks on sales receipts deposited 181 days or longer after the transaction date.

Media Required: Limited reversal rights: Permitted only if credit was issued or if proof can be presented that the sale was processed within the allotted time.



Reason Code 74 Cardholder Does Not Recognize

Overview: Reason Code 75

Time Limit: 120 calendar days

Description: The Cardholder does not recognize the Transaction and additional information beyond the data required in the Clearing Record is needed to determine Transaction validity.

Requirements: Cardholder does not recognize the sale and the issuer has made a good-faith effort to help the cardholder recognize it.

Instructions: (PR) Provide any documentation or information that would assist the cardholder
in recognizing the transaction. For example:
• Sales receipt
• Shipping invoice or delivery receipts
• Description of merchandise or service purchased

Media Required: A signed sales receipt with imprint or swipe. If card-not-present transaction, invoice, AVS results, CVV2 results, and signed proof of delivery.

I assume that 16 months of communication and providing binding evidence is “a good-faith effort” in its best meaning to help recognize it. I have even provided all of above regulations to MBNA and FSO, so that both of the organizations can familiarize themselves with them.


Breach of Visa Regulations 74 and 75

Transaction Date	30/04/2010	30/04/2011
Transaction Time	15:31	00:00 (none)
Validity Period Start	30/04/2010	30/04/2011
Validity Period End	27/10/2010 (180 days)	27/10/2011 (180 days)
Billed	No, never	Yes, 30/06/2011
Within Validity Period?	No	Yes

1) Above shows that due to this falsification MBNA and merchant was able to get away with this and bypass visa regulations.
2) I have proven a fraud, but it seems that nobody cares about it?
3) On the 2 Jul 2012 I have requested in writing from MBNA a proof of transaction authorization codes. My request has been ignored.

[RIGHT TO REJECT]

I have rejected this transaction on the basis that:

1. The first transaction time for billing by the Merchant has expired in October 2010 therefore the transaction wouldn't be valid after that date.

1. The Merchant had 180 days to bill me but they failed to do so.

1. The second transaction did not originated from me, furthermore my details were usedwithout my consent.

1. The Merchant has manipulated my details, card details and issued transaction by himself.

1. It is worth mentioning again that I have closed my account under MBNA Terms and Conditions point 10c in May 2010. Adjudicator should decide if Code 73 would be additionally applicable. I have cut my card therefore this false transaction has been billed on a closed account – certainly by other means as PIN authorization claimed by MBNA.

[OUTCOME]

1. MBNA has refused to dispute this transaction on the basis that the time between the original transaction date and the billing to my closed account was less then 6 months (180 days).

1. I have pointed out to both MBNA and FSO that the second transaction didn’t originate from me, and provided them with the payment documents for both transactions.

1. Both MBNA and FSO refused to acknowledge it.

1. MBNA never replied to the emails, calls, web messages, written and letters
2. I have sent to them.

1. I requested Ombudsman to help me sort out this dispute. Adjudicator replied it’s not their role.
2. Ombudsman has ignored my appeals and has not provided me with help.

1. Under MBNA Credit Card Agreement, point 14 Refunds and claims, I have the right to request refund after pointing out all of above.

1. Additionally I have the right to request it under – and I did requested:

- Consumer Credit Act
- Visa Regulations

1. MBNA Terms and Conditions:

14.1 “We will give you a refund on your account for a transaction only if:
a) We receive refund details from the supplier;
b) We are satisfied that neither you nor an additional cardholder authorized the transaction (and did not act dishonestly)
c) We are able to claim a refund for you through the card scheme;”

1. Terms and Conditions “Point C” definitively states that MBNA subscribes to the card scheme therefore agrees to follow Visa Regulations

All reasons above are sufficient for anyone to understand that an error was made and uphold my rejection of this transaction. Furthermore, with such a definitive evidence it should not take more than 6 months in total – even if considered from the time of case being assigned to Adjudicator.

The transaction details were falsified and the most suitable parts of it were used by MBNA, therefore I was left in a position hard to defend however I have done so. Additionally, the Adjudicator was not willing to help and I clearly felt that it overgrows Adjudicators knowledge and expertise.

[DID NOT PREVENT MBNA FROM CHARGING ME]

Finding myself in such a position, I have taken actions, but with no positive resolution for me:

1. MBNA is bound by their own terms on Credit Card Agreement

- I have requested MBNA to repair their error, which was refused

1. I have repeatedly requested them to stop charging me interested (under point 8d of MBNA Terms and Conditions as well as point 2.5 MBNA Credit Card Agreement Regulated By The Consumer Credit Act 1974 and freeze the account while the transaction is being investigated by FSO

Credit Card Agreement: 2.5 – “Unless you have a legal right to do so, you must not hold back a payment
or refuse to pay anything you owe us because of a disagreement between you or an additional card holder and a third party”

1. I have also repeatedly requested MBNA to stop harassing me with calls from debt collectors and written correspondence as I am not avoiding paying off my balance, I simply await FSO decision as they should.

1. I have placed over 50 phone calls , written more than 10 letters to request that (confirmed by SAR), and submitted more than 30 complaints via their on line complaint system

Complaints form Address: https://apply.mbna.co.uk/UKCCapp/Ctl...sc=COMP&pid=mp

1. I have asked Adjudicator for help, and received no response

1. After many more days of harassment (approximately 3 months in total) the calls have stopped

1. Due to this negligence and lack of respect of own rules by MBNA as well as lack of support by FSO,

- I have been exposed to stress and unlawful harassment
- I have made a loss of £280.69 (interest that should not be charged as the account should be frozen)
- I have lost £150 (3 payments which I made after MBNA threatened that it will send debt collection company and report me to credit references agencies), which have “melted” in a paperwork and I was refused to have it refunded or have this amount be taken off from initial amount balance.
- Mentioned above £150 simply melted in the account and did not reduced balance. Additionally Adjudicator that I have requested to follow up on that and instruct MBNA to reduce transaction amount of £823.23 by £150 has failed to do so, even although I have been assured that he was trying...
- I requested this because my right to freeze account has been refused and interest charged unlawfully

1. Under the section 40 of the Administration of Justice Act 1970 the creditor (MBNA) or any third party instructed by them must not:

- Call on you in person or telephone you early in the morning or late at night.
- Threaten to blacklist you (as opposed to recording information with a credit reference agency)
- Report or threaten to report you to your employer
- Dispatch vans to your property prominently displaying signs which indicate that they are from a debt collecting agency.

1. I have been a subject to some of those practices, and after informing Adjudicator – nothing of substance was done.

1. Despite all of above, MBNA ignored my appeal as well as every other method of communication.

1. I have requested FSO to help me to communicate with MBNA as I was not coping with the amount time I was wasting on calls and letters that I had to issue.

1. MBA has ignored every single letter except of one which was sent by Rob Hugh informing that MBNA is aware of investigation by FSO which I have submitted to CEO asking his to stop changes on my account for the time of FSO investigation.

1. MBNA has ignored every single call, letter and message except of the one above.

1. During some of the calls that I placed I have been informed that I cannot speak to anyone, but a person from Customer Advocates Office or other department like Disputes Department or Complaints Department will call me back within 48 hours as this is their policy.

- Nobody has never called me back. I have reported that to Adjudicator who ignored me the same ways as MBNA.

1. On some occasions I have been advised by MBNA who records those calls (I also keep log of every single call) that Complaints Department does not exist?.

1. On other occasions I have been pushed around for more than 45 min from one department to another. Every single time I wasn’t put through to correct place. Sometime I gave up after 30 – 40 minutes. Sometimes I stayed on the line as long as 1 hour.

1. Adjudicators did not help me with problems stated above even that I have requested that on various occasions in writing.

1. All this resulted in financial loss and time waste which I want to be refunded by Ombudsman.

1. Point 8d of my credit card agreement states I shouldn't be charged while account is investigated.

1. I have contested and pointed this out to Ombudsman and have been ignored
2. Ombudsman failed to instruct MBNA to stick to the credit card agreement between myself and MBNA

I had to remind all adjudicators and other staff at FSO to keep to deadlines, which they never did which wasted even more of my own time.

ITEMISED CHARGES

Over 500 pages of documents at £5 each (includes fee for scanning and photocopying)	£ 2,500
Over 200 emails at £5 each	£ 1,000
Over 10 form letters at £15 each	£ 150
Over 30 on-line reports at £10 each	£ 300
Over 80 calls under 1 hour at £10 each	£ 800
Approx. 200 hours of unnecessarily spent time on this case instead of my formal work which is being paid at hourly rate of £18.23	£ 3,646
Reimbursement of SAR and ‘copy of statements’ charges	£ 60
Reimbursement of unfair interest charges	£ 430.69
Reimbursement of transaction which wasn’t disputed as formally requested	£823.23
Total	£ 9,709.92

PROBLEMS WITH MBNA – COMMUNICATION

On the 26 Jul 2012 under Consumer Credit Act 1974 I have requested (and paid for) SAR as well as:

Closing statement from my account. I still cannot close this account even now in 2013 !

MBNA failed to provide requested documentation except of SAR, which shows anyway that account has been closed in May 2010 and written confirmation requested by myself from Customer Service in June 2010 has been provide.

If it has been provided then, why they refuse to provide a copy of it now?

I have notified Adjudicator who ignored my request for help



[Ingrams COCKUP LINE BY LINE]

Mr Ingram, who issued a final response for FSO, has briefly stated that "all aspects were taken into consideration" yet he omitted to refer to all of my points. His conclusion is selective and worthless.

1) Mr Ingram right from the beginning of his response shows that he completely misunderstood the reason why I have contacted FSO and overlooked evidence provided.
2) He blindly states in his paragraph that original transaction was made in April 2010 (which is correct) just to say in next paragraph, I quote “It had not been processed until June 2011 (two months after it was made”

- I am truly astonished that person holding such a responsible position cannot count at the level of primary school !

3) Mr Ingram has flipped over the meaning of my complaint and dispute to me being liable for the transaction on my account.

- I am aware of my responsibilities and never avoided such, although I am liable only if the transactions are authentic and not fraudulent or questionable, in which case I have the right to dispute them as I did.

- His conclusion skewed correctness of his reasoning and set the incorrect tone to the rest of the letter, which de facto has wasted my 16 months of constant work with Ombudsman!

4) Further on Mr Ingrams states that ombudsman service has been established to resolve complaints about financial businesses quickly and formally.

- I will leave this without any additional comment from my side as after 16 months none is required.

5) Mr Inmans states letter on that he has “concentrated on what is the main point of my complaint” and that he has not commented on my points raised but “can assure Mr xxxx that I have considered carefully everything he has said and written”

- In the light of mistakes written in his response as well as evidence supplied to Ombudsman and stated above I lack words to express my dissatisfaction, fury and grief with such a negligence and arrogance!

6) Finally he states that he is not interested in exact details provided to Ombudsman as they are “not relevant to my (his) overall findings” and decides on the basis that I have authorized the disputed payment.

- As stated clearer in this letter first payment authorized by myself has never been billed and the same transaction has never been authorized by myself.

7) Mr Ingrams has the cheek to call me a liar and stipulate that I haven’t cup up my card in May 2010 and secretly engaged in this transaction. When and where is not stated although i would like to receive such answer and evidence supporting such a slander.
8) Mr Ingram mentions that I have stated that I have never dealt with the merchant in question. This is true and I have said that initially, although it has been pointed out to me later on, that the merchants name was the name of landlord and I did not necessarily needed to know my landlord under this name. I have never dealt with landlord – I always dealt with letting/managing therefore, for me the company I was renting from was the letting agency who acted legally on behalf of landlord. I had no knowledge of the landlord identity or name until the moment it has been pointed out to me.

- I have admitted that and apologized to Adjudicator after checking carefully payment slips. This has been resolved long time ago although Mr Ingram has unprofessionally brought this to the merits of my case.
- I would like to enquire what for? Especially that has stated the only point he was concentrating was the “genuines of the transaction”.

9) Mr Ingrams says that he agrees that I have been abroad but this does not rule out the possibility that I have “asked someone else to make the payment for him”.

- Why would I ask anyone to make a payment for ceased rental agreement?
- How would I have paid with no credit card ?

10) Finally Mr Ingram clearly states that he is unaware of Visa regulations and “he believes” that I was referring to the time between the transaction was made and was processed.
11) His sentence “Here the payment was taken in April 2011 (so it’s not April 2010 anymore?) and processed in June 2011 – that is, within two months.” He does not believe this is a false transaction.

- As an experienced ombudsman Mr Ingram should stop believing and look at evidence which is sufficient to issue a correct decision. His incorrect believes lead him to incorrect decision which resulted in punishment for me which I am hereby disputing.


I have encountered various problems and my experience was very poor during my dealings with FSO:

1. I have been totally ignored by Mr H.

1. Ms Ears seems to be eager to clean up the cases she inherited from him; therefore her decision was appealed by me.

1. It is only since I started a formal complaint that I started receiving some attention which was previously almost non existing.

1. I have been charged by MBNA while my case was being reviewed for a very long time by FSO.

1. According to their rules, FSO should have acknowledged my case and put my account on hold.

1. Instead, I had to battle with them and convince adjudicators myself.

[QUESTIONS to be re-edited]

After all those months I still have open and unanswered queries such as:

1. What happened to the £150 I have paid into my closed MBNA account?

1. Why has nobody helped me to be heard by MBNA?

1. What is the purpose of existence of FSO if there is practically nothing that they can do? Every time I requested help, I have been told that this is beyond the scope of their services.What is the scope of their services then?

1. Why has FSO communication with MBNA been so sluggish and why did I need to enquire for help 2-3 times a week for all of those xx months? In other words, why did I need to do part of their job for them ?

1. Why did I have to request SAR and ask adjudicator to obtain it, if this organization has been created to help people and inform them?

1. MBNA purposely ignored all of my correspondence. Why did adjudicators fail to help me addressing this issues?

1. What should an individual do when financial institution does not treat them right ?

1. What should adjudicators do after I have reported that case to them so many times ?

1. What should a financial institution do when a customer sends a letters with complaints and requests for explanation ?

1. How should an adjudicator react when an unfairly treated customer is being placed on debtors list and harassed by abusive phone calls every single day ?

1. How should a financial institution doing so reimburse this wrongdoing to a customer ?

1. Please provide me with a written procedure explaining how individuals opening case with ombudsman are treated. As you are a large government institution, such a procedure exists.

1. Should I be dealing with such a number of people in FSO as stated at the beginning? Is it my duty to try to resolve with other people or should my assigned adjudicator be qualified to handle it ?

1. Why FSO has failed to recognize this error with billing pin’s dates, even after I had pointed it out to them. Why ?

1. How much your charge % for every single day from which date ?

The open question remains:
Who will help me now, and does FSO have the courage to admit that they have made a mistake and revise the incorrect decision that was made?


What I want:

Satisfactory resolution
Money back
Charges back
Charges on MBNA