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mauricetura

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About mauricetura

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  1. I would also appreciate details on any decided cases against MBNA - I want this missile to be laser targeted at their practise to default while under dispute and to behave as a vexatious defendant. So for example pressuring to change your claim through threat of cost consequences etc. Failure to provide necessary information until after the allocation questionnaire has been filed etc. Claims that they do not receive letters etc. Not turning up to court etc EDIT
  2. should work fine. PM may well have been suspended due to allegations that I was asking for personal information. A witness statement does require you to state name and address. Everyone gets the same template - I have sent approx 40 and got 4 back.
  3. in reply to how it's all going: The response I had was so weak that the city law firm I approached will not take it on. Not surprising since I have only 4 witness statements. In the meantime it is being case managed as a litigant in person with an independent lawyer - and probably some ATE front money. I am going to meet with one of your members tomorrow. Ultimately how much money I pump into this crusade will depend upon the support I get from CAG. So we shall see just how much members want to organise against MBNA over the next week.
  4. I disagree - I have no faith the industry will police itself. The FSA / OFT route is best. True they will not act until there is a critical mass. But once there is a critical mass we can make a request to see this data under freedom of information act. And that information can be sent to a receptive politician who can ask the treasury select committee to ask the FSA the pertinent question as to why no enforcement. The FSA is the overarching body for ensuring the MIFID and treating customers fairly obligations. The much greater powers announced for enforcement this week makes the only body with teeth the FSA. The key is to get them to act.
  5. Further to my other posts - I suggest the CAG collect a number of witness statements, each focused in it's scrutiny of complaints handling and timely production of information. The CAG could then request an audience with Margaret Cole - head of enforcement at FSA - only mass action leading to fines will change the economics for MBNA
  6. What is important here is to take the fight to MBNA this can be done by inspecting the principles of business in the handbook at the fsa website. If MBNA fail to produce information send FSA an email and letter if MBNA mislead or do anything else that lacks honesty or integrity again write to the FSA. We have a principles based system - use it. Treating clients fairly is a hot topic - highlight the failings of MBNA any recordings with wild statements from MBNA - send them to the FSA As my earlier post always cc OFT and FOS if there is extended reporting to these bodies and they fail to act - if we are sure of a high number of complaints then a freedom of information act request can draw attention to it. Mass action now - there will be an election soon - excite the political masters now
  7. I have a 5 page legal submission which includes this one - it has not been tested by me yet in court as all pt 36 offers have been accepted to date.
  8. The issue of charging orders is an interesting one. The strategy that I have seen widely followed is to challenge an agreement. This makes sense and MBNA would appear weaker than most in providing timely and accurate client information. I do think organised mass action is the way to go. See my earlier post. Get organized,ultimately it will be less work and have a greater impact.
  9. Having been a bit short-circuited by site staff in putting a credible class action together I suggest a clear email from anyone who previously wished to join the fight against MBNA directly to John Fingleton. The emails should be brief and focused on the mismanagement of the complaints process, failure to provide information and applying defaults while in dispute. Keep it simple. I would appreciate being copied in, but may be better if the site managers here keep a record. We can then make a request for disclosure to see where all these complaints end up. Better yet cc to FSA, FOS and ICO only focused mass action will stop MBNA
  10. If there are enough of these sent we can try to get a disclosure from the regulators to see if in fact these complaints to get considered by anyone capable of initiating enforcement! I suggest the following subject line: MBNA Europe Ltd, intent to send adverse credit information for processing by third parties while in dispute. The following recipients: clare.vanstone@fsa.gov.uk, enquiries@oft.gsi.gov.uk, compliance@ico.gsi.gov.uk, casework@ico.gsi.gov.uk Dear Sir / Madam, I am bringing to your attention a breach of regulatory and industry guidance by MBNA Europe Bank Ltd, which has made it known in writing that it intends to default my account for alleged breaches of contract. I made a valid request for a copy of the alleged contract with all necessary items to show my understanding of terms and conditions and agreement of the same at the time of signing. I put MBNA Europe Bank Ltd on notice in XX/MM/YYYY and have not recieved a reply from them to my request for complete and validated documentation. A dispute between us exists until I have had sight of and time to validate a copy of the original contract and any document relating to that contract. Therefore the threat to default my account at this time is nothing short of a coercive tactic to collect on the alleged account. If it is a failure of the complaints management process within MBNA then I should like you to investigate. If this is not a failure of the complaints handling process within MBNA I consider it to be a systematic example of unfairness and therefore illegal under EU law. The consequential damages of either of these conditions relate to the negative impact on me in gaining further credit. I look forward to your report on the matter in due course. Yours sincerely My Name is Angry
  11. As far as I can see MBNA does not follow a valid complaints handling process. I suggest each member follow pre-action guidance fully but with a modification. Do record all calls you make, ask about the complaints handling process. The news is, it will be taken out of the hands of the 'legal admin' - Sarah Edwards etc
  12. For similar reasons only necessary information has been supplied. However, anyone that actually completed the witness statement had real name and case number as well as the court. But someone has been telling porkies here: "We note that you have been approaching members and asking them to forward details of their claim, and contact details. This is a breach of site rules, and we have therefore temporarily removed your PM facility." Lets be clear, I responded to those that said they wanted to be included. i was very clear about what would be asked for if you wanted to be included. Each and every person was sent the same template and request. I will be meeting one of your members face to face, as I would meet any of you that asked. But the attitude of distrust - and the suggestion that I asked for details of members claims is totally false. You write a witness statement, that is recounting events which is different to a claim. I guess MBNA is laughing, but its not because of anything I have done.
  13. But to be straight to the point - I provide the name of the litigant in person on the template witness statement. After making a statement of my name to the site staff, my professional background etc I feel able to do little more than to pass a sample of my blood for DNA testing. Right now I have five good witness statements - it is not enough to create a landmark case. I have hired a lawyer and barrister to fight out the case. If succesfull representation will be made, including by myself to the FSA. If its enough to ensure MBNA is fined, it will have changed the economics for them and their complaints hanlding process will change very quickly. The exercise involves a fine tooth combe going through the numerous FSA principles and practice guidelines. Now given support to date, why would I choose that over settling out of court - the only reason is to serve the greater good. So yes, some of you supplied personal information. But some of us have signed up to a rather onerous code of ethics, I suggest that you have nothing to fear except fear itself. Where will it end up, bundled in a court - some may be invited to speak - but its likely that your witness statement will be read as your voice of complaint to a judge about MBNA. Can it be published by the court? I dont know, but I doubt it. Will it go to the FSA? If we win and you give consent. But you make a witness statement in respect of a court claim, you should expect it to be presented at a court hearing. Will MBNA be angry at you? Probably. Do you care? Am I disappointed with the general response. Absolutely. If we win I am sure CAG will benefit through a decided case to reference that by its nature will focus on the unfairness and consequential damages of a poorly managed complaints process? The balances on credit cards will be small by comparison with the damages caused to consumers by refinancing costs of new credit, opportunity costs etc and general slur that adverse reporting during a default causes. And did anyone try to get my petition suggestion filed. It has disappeared in the no 10 ether, neither rejected nor accepted....
  14. Hi Caro I did PM bankfodder - This is what I suggest - why doesn't one of the site admin pm me? As for those that have joined the fight they recieve a template with a claim number, a court and a person. I can confirm the witness statements so far supplied have gone to a lawyer. This firm may be available on a no-win no-fee basis where MBNA make things complicated and a claim for harassment etc makes sense. MBNA has already caused 10s of 1000s of pounds worth of damage to our credit rating. Do not under-estimate just how beligerant MBNA staff can be. I could use more witness statements - as many as possible please.
  15. WelshMam - brilliant - please will you try to get this one on Please request a petition at number 10 to "we request the Treasury Select Committee to request a special investigation by the FSA into MBNA for systematic failures to observe fair treatment of clients and in particular provision of post contract information and complaint handling." I cannot seem to get it accepted!
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