The Mbna Fan Club Thread

[pompeyfaith]

Well tonight I sit here writing this with a big smile cheek to cheek as clearly MBNA are seeing a big dent in there balance sheet :grin: with the amount of wins being achieved.

 

Well Done All

 

I think we should now have an MBNA FAN CLUB where all winners can post details of there wins this would be of great encouragement to all mbna caggers starting out.

 

By all means still post you win in your own thread then just copy and paste the details into this new one.

 

It will also serve as an easy reference as to how many MBNA cases are being won without searching the forum.

 

Well Done All

 

Regards

 

PF

[pompeyfaith]

http://www.consumeractiongroup.co.uk/forum/mbna/184041-all-mbna-caggers-fight.html

[Capricorn1601]

Hi Pf

 

Who is the latest lucky winner?

[pompeyfaith]

Gazza112

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/197454-gazza112-abbey-mbna.html

[alisindebt]

Al vs MBNA WON! 10 520.89 pounds.

 

[pompeyfaith]

Alisindebt,

 

Thank You for posting the above, can you give us a short snippet on how you managed to get that large sum written off.

 

Regards

 

PF

[alisindebt]

Basically, I went to work abroad and had an argument with Egg who topped my Egg credit card as they said it was for UK residents only. I had used all my savings to pay off much of the Egg card and when they withdrew it, it was like a pack of cards affecting all of my other finances, so I got behind with everything.

 

However, it was my Abbey credit card (which had become MBNA when they took over Abbey's card business) that was sold to Lowell's. They sent the usual collection letters and no matter how many times I wrote and emailed saying that I was abroad, they always wrote to my old UK address which dragged out the whole process since 2005. The Abbey card dated back to around 1999.

 

I made small but regular payments but Lowell's never accepted any offers to settle and always sent demands for the whole amount. Until I reaslied that the debt was with Lowell's (remember, it takes months for me to receive my post sometimes), I kept paying Abbey. When i asked Lowell;'s if they had received the interim payments they were a real snotty bunch, saying that it was up to me to prove it and tat all offers of settlement were rejected.

 

So I decided to stop paying them for quite a while.

 

once I read on these forums the details about CCAs and how many CCAs are screwed up, I sent my one pound and a CCA letter to Lowell's. Again, they insisted in writing to my UK old address and not my new address abroad (how moronic is that?). However, it became obvious that there was a problem because when I received my post there were two of three letters saying that they had written back to Abbey for the CCA but were waiting....and waiting...and waiting. Finally, a letter arrived as attached above, simply saying that Abbey never kept old records and the account has been closed. no CA, means no enforcement.

 

Just to round it off nicely, I received after this yet another letter from Lowell's saying the account was in serious arrears and threatening county court action, etc! Obviously they had forgotten to take my name of the threat-o-gram list. I had great pleasure i writing back to them to say sending such letters out after the account had been closed was a clear breach of collection guidelines and that if they write again I will report them!

 

As it happens the default was in 2005 and in 18 months it will clear from my credit reference file. as I work abroad this does not matter too much to me, although I like to clear everything up officially.

[Capricorn1601]

fantastic news AL

[AA99]

steven4064

Site Team

 

 

Our auction sniper is now live. Try it for free

Cagger since : Dec 2006

I am in: Lancashire

Posts: 13,161

 

 

Re: Harassment by MBNA

People on this thread may be interested in this result - Judge quashes woman's £8,000 credit card debt in 'landmark ruling' on mis-selling of payment protection insurance | Mail Online

__________________

Steven

 

[pompeyfaith]

Thank You AA99 A good result and slowly but surely judges around the country are waking up to mbna and there tactics and these stories gives us hope to carry on fighting

[vint1954]

I think the point is, that Judges are becoming more aware of the CCA 1974 and its conditions.

 

More to come hopefully.

 

There may be a big wright off on the ballance sheet soon.

[Capricorn1601]

Hi All

 

Just had an email from Alan Bates following up on the complaint I made abut MBNA and how they have broken the rules.

 

 

Has anyone else heard back from him?

[AA99]

Hi All

 

Just had an email from Alan Bates following up on the complaint I made abut MBNA and how they have broken the rules.

 

 

Has anyone else heard back from him?

 

No, but show us, show us, show us

[pompeyfaith]

capricorn,

 

Who is Alan Bates and what was this email about ?

 

PF

[AA99]

it has gone in front of the Judge and will be listed for a 30minute hearing... date to be advised as they have a heavy workload but could be any time between November and January next year...

 

From a fellow cagger's thread................... what does that tell you? I think the courts are overloaded with OC's petty defences and the Judges are thinking about Xmas holidays

[Capricorn1601]

Hi all

 

 

This is what Alan has to say, nothing really just acknowlegement

 

"

I am writing to acknowledge your email and receipt of your complaint information below. I will contact you regarding any further information as appropriate in due course.

 

Meantime, please accept my apologies for the delay in replying to you.

 

While the OFT is unable to get involved with individual disputes, you may wish to consider contacting the Financial Ombudsman Service (FOS) which can help with most complaints if the consumer has failed to satisfactorily resolve the matter directly with the consumer credit licensee itself. The FOS can be contacted at:

 

South Quay Plaza

183 Marsh Wall

London

E14 9SR

Tel: 0845 080 1800

www.financial-ombudsman.org.uk

 

I hope that you will find this helpful.

 

Yours sincerely,

Alan Bates

Alan Bates

Higher Executive Officer, Debt Collection Team | Office of Fair Trading

Fleetbank House | 2-6 Salisbury Square | London EC4Y 8JX |

T: 020 7211 8401 | F: 020 7211 8465| www.oft.gov.uk "

 

A few of us emailed him to state our cases regarding harrassment from MBNA and their ****.

[alisindebt]

Having reported this good news, I noted that Lowell's still have a default notice on my credit reference files. I reported the above letter to Experian, saying that Lowell's do not have the CCA i.e. no agreement, no proof for CRA entries.

 

Unfortunately, today, Experian wrote back as follows, remember this is the UK 2009 and this is what is apparently allowed to happen:

 

Further to our recent correspondence, I have been contacted by Lowell Portfolio I Ltd regarding entry C5 on your credit report. They have confirmed that the details we hold are accurate and have requested that we retain the information on our database. Unfortunately I am unable to amend this information without the authorisation of the company in question.

 

The 'Notice of Dispute' will remain on your report for 28 days. It will then be removed, unless I receive further notification from you:

 

"THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA."

 

If you have any further queries or wish to discuss this further, may I suggest you contact the company concerned direct at the following address:

 

Lowell Portfolio I Ltd

Lowell Financial Ltd

PO Box 172

Leeds

LS11 9WS

 

Tel: 0845 3009416

[vint1954]

Having reported this good news, I noted that Lowell's still have a default notice on my credit reference files. I reported the above letter to Experian, saying that Lowell's do not have the CCA i.e. no agreement, no proof for CRA entries.

 

Unfortunately, today, Experian wrote back as follows, remember this is the UK 2009 and this is what is apparently allowed to happen:

 

Further to our recent correspondence, I have been contacted by Lowell Portfolio I Ltd regarding entry C5 on your credit report. They have confirmed that the details we hold are accurate and have requested that we retain the information on our database. Unfortunately I am unable to amend this information without the authorisation of the company in question.

 

Then you need to respond telling them that they have a duty of care to ensure that not only is the data that they post accurate, but that it is posted legally. As there is no signed document allowing this, then their statement is crap. ( you may want to find a better better word ) As they cannot hide under the statement made by lowell, as they are liable also, they had better make sure that lowell are able to legally process your data, as they will be aware of the penalties and costs of not doing so.

I would also mention court proceedings to force them to comply.

 

The 'Notice of Dispute' will remain on your report for 28 days. It will then be removed, unless I receive further notification from you:

 

"THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA."

 

If you have any further queries or wish to discuss this further, may I suggest you contact the company concerned direct at the following address:

 

Lowell Portfolio I Ltd

Lowell Financial Ltd

PO Box 172

Leeds

LS11 9WS

 

Tel: 0845 3009416

Vint

[AA99]

Speak up Vint

[vint1954]

Speak up Vint

Well, actually they speak with forked tongue.

 

This in an email from Experian to surleybonds.

 

"We have a legal right to hold information about people that is already in the public domain (e.g. CCJs, IVAs, etc). Other information is collected and supplied under cover of the Data Protection Act 1998 Schedule 2.1 which says that the data subject should have given their consent. This will be collected by your lender or supplier when you apply for a product. A section on the application form will typically direct you to a section on the use of your personal data and will state that "by proceeding you are agreeing to your information being used in this way"."

 

http://www.consumeractiongroup.co.uk...inst-cras.html

 

And:

 

As discussed I can also confirm that as far as we are aware there is no specific piece of documentation or legislation that provides us with the right to retain your information for six years from the date an account is settled.

 

Bet they are sorry for putting pen to paper.

 

In the words of that famous old CAG member, Omar Khayyam

 

The Moving Finger writes; and, having writ,Moves on; nor all thy Piety nor Wit Shall lure it back to cancel half a Line,Nor all thy Tears wash out a Word of it.

Credit Report Click link to open in new window.

[vint1954]

And not only, but also

 

shedule 2.1 says it all and Shedule 3 (4)(a)(i)?????????

 

 

 

SCHEDULE 2 Conditions relevant for purposes of the first principle: processing of any personal data

 

1 The data subject has given his consent to the processing.

2 The processing is necessary—

(a) for the performance of a contract to which the data subject is a party, or

(b) for the taking of steps at the request of the data subject with a view to entering into a contract.

3 The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract.

4 The processing is necessary in order to protect the vital interests of the data subject.

5 The processing is necessary—

(a) for the administration of justice,

(b) for the exercise of any functions conferred on any person by or under any enactment,

© for the exercise of any functions of the Crown, a Minister of the Crown or a government department, or

(d) for the exercise of any other functions of a public nature exercised in the public interest by any person.

6 (1) The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject.

(2) The Secretary of State may by order specify particular circumstances in which this condition is, or is not, to be taken to be satisfied.

 

Section 4(3).

SCHEDULE 3 Conditions relevant for purposes of the first principle: processing of sensitive personal data

 

1 The data subject has given his explicit consent to the processing of the personal data.

2 (1) The processing is necessary for the purposes of exercising or performing any right or obligation which is conferred or imposed by law on the data controller in connection with employment.

(2) The Secretary of State may by order—

(a) exclude the application of sub-paragraph (1) in such cases as may be specified, or

(b) provide that, in such cases as may be specified, the condition in sub-paragraph (1) is not to be regarded as satisfied unless such further conditions as may be specified in the order are also satisfied.

3 The processing is necessary—

(a) in order to protect the vital interests of the data subject or another person, in a case where—

(i) consent cannot be given by or on behalf of the data subject, or

(ii) the data controller cannot reasonably be expected to obtain the consent of the data subject, or

(b) in order to protect the vital interests of another person, in a case where consent by or on behalf of the data subject has been unreasonably withheld.

4 The processing—

(a) is carried out in the course of its legitimate activities by any body or association which—

(i) is not established or conducted for profit, and

(ii) exists for political, philosophical, religious or trade-union purposes,

(b) is carried out with appropriate safeguards for the rights and freedoms of data subjects,

© relates only to individuals who either are members of the body or association or have regular contact with it in connection with its purposes, and

(d) does not involve disclosure of the personal data to a third party without the consent of the data subject.

5 The information contained in the personal data has been made public as a result of steps deliberately taken by the data subject.

6 The processing—

(a) is necessary for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings),

(b) is necessary for the purpose of obtaining legal advice, or

© is otherwise necessary for the purposes of establishing, exercising or defending legal rights.

7 (1) The processing is necessary—

(a) for the administration of justice,

(b) for the exercise of any functions conferred on any person by or under an enactment, or

© for the exercise of any functions of the Crown, a Minister of the Crown or a government department.

(2) The Secretary of State may by order—

(a) exclude the application of sub-paragraph (1) in such cases as may be specified, or

(b) provide that, in such cases as may be specified, the condition in sub-paragraph (1) is not to be regarded as satisfied unless such further conditions as may be specified in the order are also satisfied.

8 (1) The processing is necessary for medical purposes and is undertaken by—

(a) a health professional, or

(b) a person who in the circumstances owes a duty of confidentiality which is equivalent to that which would arise if that person were a health professional.

(2) In this paragraph “medical purposes” includes the purposes of preventative medicine, medical diagnosis, medical research, the provision of care and treatment and the management of healthcare services.

9 (1) The processing—

(a) is of sensitive personal data consisting of information as to racial or ethnic origin,

(b) is necessary for the purpose of identifying or keeping under review the existence or absence of equality of opportunity or treatment between persons of different racial or ethnic origins, with a view to enabling such equality to be promoted or maintained, and

© is carried out with appropriate safeguards for the rights and freedoms of data subjects.

(2) The Secretary of State may by order specify circumstances in which processing falling within sub-paragraph (1)(a) and (b) is, or is not, to be taken for the purposes of sub-paragraph (1)© to be carried out with appropriate safeguards for the rights and freedoms of data subjects.

10 The personal data are processed in circumstances specified in an order made by the Secretary of State for the purposes of this paragraph.

[vint1954]

And of course remind them that Mr Durkin got £8k plus costs from HFC, for besmirching his credit reference. The judge hinted it could have been more ( he was up to £100k+ ) but for the fact that Durkin had only requested £8k.

 

Don't these muppets make you sick! Off to find the Gin bottle now.

[AA99]

Excellent contributions as always Vint

 

besmirching

 

Lurrrrrrrrrrve it

 

Sullying ?

Edited October 9, 2009 by AA99
ps.

[alisindebt]

Thanks for the above posts about Experian, et al. I shall be firing off a few letters over the next few days based on this info. If anyone has any further info or template letters, please reference them here! As I basically won this case (10 500 pounds written off!) this is obviously Lowell's way of trying to "punish" me for not paying up after they bought the account from the lovely people at Abbey, who laughingly sh*t all over their own debt collection friends by selling them a dud debt. I have a list of people who will be notified:

 

Lowell's, MBNA, Abbey, Experian, ICO, MPs, OFT, TS, to name but some.

[alisindebt]

Nice one Vint! Getting a nasty email together for Experian now!