THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700


S U M M A R Y


DIARY: November 10, 2000 11:38 AM Friday; Rod Welch

Called MBNA about status of account.

1...Summary/Objective
2...MBNA Incorrect Handling of Payment Damaged Welch
3...Welch Disputes Charge Defective Merchandise, Returned to CDW
4...Payments Held Up by MBNA Pending Resolution of Disputes

ACTION ITEMS.................. Click here to comment!

1...Vanessa will call back in a few days with a proposal.
2...Vanessa said she will prepare a complete record of our discussion.

CONTACTS 
0201 - MBNA - Maryland Bank, NA             800 441 9977
020101 - Wilmington, DE
020102 - Ms. Taylor McKenzie
020103 - Proof Department
0202 - Maryland Bank                        800 441 9977
020201 - Ms. Vanessa Benjamin; Account Manager  =800 388 6970
020202 - Customer Assistance  =800 421 2110

SUBJECTS
First USA - 6533, $21,000 check 2565
MBNA Mishandled Check #2565

0804 -    ..
0805 - Summary/Objective
0806 -
080601 - Follow up ref SDS 39 0000, ref SDS 36 0000.
080602 -
080603 - Vanessa Benjamin said she is our account manager, and has placed the
080604 - Welch account in a dispute status.  She said further payments are on
080605 - hold pending review and resolution. ref SDS 0 HK3W  She was not aware
080606 - of MBNA mistakes handling check 2565 because MBNA had not prepared a
080607 - complete record.  Vanessa was aware of the CDW matter. ref SDS 0 EY4N
080608 - Notified Vanessa that the defective merchandise was returned on
080609 - 001002, as shown by a return receipt shown on 001012.  Vanessa feels
080610 - she can resolve this matter with this new information. ref SDS 0 IL4H
080611 - She plans to review the record and make recommendations to her
080612 - manager, then make a proposal to resolve all disputes. ref SDS 0 HK3W
080613 - I requested that Vanessa prepare a record of our discussion today to
080614 - avoid further mistakes. Vanessa will do this. ref SDS 0 PO8O
080615 -
080616 -    [On 001113 Toni Tabor confirmed Vanessa's instructions that the
080617 -    account is on hold. ref SDS 40 0001, see letter to MBNA on 001118.
080618 -    ref SDS 41 0001
080619 -
080620 -    [On 001118 submitted confirming letter. ref SDS 41 0001
080621 -
080622 -    [On 001122 returned call to Kelly Jackson at MBNA, and left message
080623 -    about letter confirming instructions from Vanessa. ref SDS 42 0001
080624 -
080625 -    [On 001127 telecon with Kelly Jackson. ref SDS 43 0001
080626 -
080627 -    [On 001206 Kelly called with settlement ideas. ref SDS 44 0001
080628 -
080629 -
080630 -
0807 -
0808 -
0809 - Progress
0810 -
081001 -  ..
081002 - MBNA Incorrect Handling of Payment Damaged Welch
081003 -
081004 - This call follows up messages from Vanessa Benjamin and Jeff Alexander
081005 - the past few days.
081006 -
081007 - Vanessa said she is the manager for our account, and has the authority
081008 - to resolve issues.  She advised that MBNA is aware that the bank has
081009 - made mistakes handling the account which have caused disputes about
081010 - the amount that is owed by Welch.
081011 - ..
081012 - Vanessa said she has reviewed the record and has authority to
081013 - offer relief that can settle the disputes.
081014 -
081015 - I asked Vanessa, if she is aware MBNA requested a stop payment on
081016 - check 2565 for $21K on 001002, incorrectly claiming that MBNA did not
081017 - receive this payment, and could not locate Taylor MacKenzie,
081018 - ref SDS 32 0001, who requested payment in an MBNA letter, reported on
081019 - 000920? ref SDS 26 0001
081020 -
081021 - Vanessa said she was not aware of this record.
081022 -
081023 - I asked Vanessa if she is aware that on 001030 Taylor MacKenzie issued
081024 - another letter reporting check #2656 was processed by MBNA, and it was
081025 - returned due to the earlier stop notice, which MBNA had requested, as
081026 - reported on 001108? ref SDS 39 0001
081027 -
081028 - Vanessa said she was not aware of this record.
081029 - ..
081030 - I notified Vanessa that MBNA's actions have prevented timely
081031 - payment, and prevented Welch from securing favorable interest rates.
081032 - Welch has incurred additional time and expense to recover from MBNA's
081033 - improper handling of payments, and incorrect advice.
081034 -
081035 - Vanessa said her job is to resolve these matters, and that MBNA wants
081036 - to make an adjustment satisfactory to Welch.
081037 -
081038 -
081039 -
0811 -
0812 -

SUBJECTS
RMA# 1797954; Return Omnibook 4150, Account 000502
CDW Fails Honor RMA Defective HP Notebook Computer on MBNA Account
MBNA Credit - 4195 89

1106 -
110601 -  ..
110602 - Welch Disputes Charge Defective Merchandise, Returned to CDW
110603 -
110604 - Follow up ref SDS 38 0001, ref SDS 37 0001.
110605 -
110606 - I asked Vanessa if she is aware that MBNA has charged the Welch
110607 - account approximately $4,500 for defective merchandise, contrary to
110608 - written instructions to MBNA from Welch that the charge is incorrect
110609 - and fraudulent?
110610 -
110611 -     [On 001208 MBNA reports this charge has been removed. ref SDS 44
110612 -     UJ6M
110613 -
110614 - Vanessa said she is aware of this matter from reviewing MBNA's record,
110615 - and she believes, on advice of MBNA management and training, that MBNA
110616 - is required to ignore customer instructions not to make payments for
110617 - defective merchandise, so long as the merchant refuses to correct the
110618 - problem.
110619 - ..
110620 - Vanessa asked if the merchandise has been returned to CDW, per
110621 - the discussion with Janelle Siebenschuh and Lorraine Wright on 000927,
110622 - ref SDS 30 4J7I, confirmed by MBNA's letter, also, dated 000927,
110623 - received on 001009? ref SDS 34 5R6L
110624 -
110625 - I advised that to assist MBNA I mailed defective merchandise to CDW on
110626 - 001002, ref SDS 33 0001, and received a return receipt on 001012.
110627 - ref SDS 37 0001
110628 -
110629 - Vanessa said this new information helps MBNA resolve the CDW matter.
110630 - She requested that the postal receipt signed by CDW be saved to show
110631 - that CDW has no entitlement to payment.  I explained Welch holds that
110632 - CDW is not entitled to payment because CDW failed to correct defective
110633 - merchandise.
110634 - ..
110635 - I further advised that on 001107 we received notice of a damaged
110636 - package addressed to Welch by CDW that was in the mail room of the
110637 - building.  Investigation showed the package appeared to be the same
110638 - size and shape of the defective merchandise that was shipped to CDW on
110639 - 001002.  Since we had not ordered anything from CDW, and since the
110640 - package was damaged, the mail room notified the shipper to return the
110641 - package to CDW. ref SDS 38 0001
110642 -
110643 - Vanessa said that CDW's refusal to correct defective merchandise is
110644 - unreasonable.  She feels MBNA reach an equitable solution.
110645 -
110646 -
110647 -
110648 -
110649 -
1107 -

SUBJECTS
First USA - 6533, $21,000 check 2566
MBNA Credit - 4195 89
First USA - 6533, $21,000 check 2565

1706 -
170601 -  ..
170602 - Payments Held Up by MBNA Pending Resolution of Disputes
170603 -
170604 - Vanessa said MBNA needs to do a thorough investigation of the account
170605 - to establish the amount owed by Welch, and any adjustment the bank
170606 - owes to Welch for mistakes made by MBNA, as set out in the Welch
170607 - letter to MBNA, ref DIP 2 01FR, on 000919. ref SDS 25 0001
170608 -
170609 - She said the account at this time is in a dispute status, and so no
170610 - further transactions should take place until disputes are resolved.
170611 - Vanessa plans to review the record and meet with her boss to determine
170612 - MBNA's position.
170613 -
170614 - Vanessa will call back in a few days with a proposal.
170615 - ..
170616 - I asked Vanessa to enter our discussion today into MBNA's
170617 - computer record, in order to avoid further confusion and mistakes
170618 - caused by an incomplete record, per above. ref SDS 0 TO6H  I mentioned
170619 - Janelle and Lorraine did this on 000927, ref SDS 30 6P9I, and it
170620 - seemed to assist Vanessa today on the CDW matter.
170621 -
170622 - Vanessa confirmed that MBNA procedures require a complete record to
170623 - ensure accurate handling of transactions.  She said that sometimes
170624 - people get too busy, so there is not enough time to get everything
170625 - down.  She knows the Welch account has become complex, and so,
170626 - requires extra attention to avoid mistakes.
170627 -
170628 - Vanessa said she will prepare a complete record of our discussion.
170629 -
170630 -
170631 -
170632 -
170633 -
170634 -
170635 -
170636 -
170637 -
170638 -
Distribution. . . . See "CONTACTS"