intercity,

so what have they done knocked off money from your debt with them or sent you a cheque ?

anyways congrats mate well done

Johnny

Hi all again,

ok just checked all my CC agreements and i am wondering a few things, i have found my RBS CC "agreement" on it is the terms and conditions and a rubber stamped signature, my signature (but no date as i forgot to date it at the time)....interesting ?

MBNA agreement, no signatures anywhere, or dates, or rubber stamps just the CCA....interesting ?

clearly there is a big differnece between a fully signed and fully dated application and a copy of the terms and conditions, or indeed a copy of the agreement, or indeed a copy of the original agreement.

My main questions are these, can someone point me in the right direction where i can see for myself where it says i can get ALL the interest back by means of consolidation of interest.

And is there anybody here who knows for a fact, with Complete knowledge of all things CCA related who can fully explain all the rules on this.

As i have been reading through these CCA threads there seems to be alot of people guessing stuff and having there say but knowbody that actually knows for sure really.

So who knows everything there is to know about CCA's ?

where is the proof that a consolidation can really happen, like in real life ?

where is the case law to prove it ?

who in CAG has done it ?

sorry to sound a bit abrupt on this (i dont mean to be) im just finding these cca threads very confusing, as it seems knowbody actually has a clue what really should be happening, as it seems everyones just guessing.

Johnny

i have just been in the position of non compliance (MBNA no less) and have made my complaint to the FOS and guess what, they are basically doing not very much at all.

ofcourse mbna know this and know that the FOS wont do (or cant do) very much, at most send a polite letter asking them to comply.

so what now, court action for non compliance ? it just makes me mad that actually when it comes down to it none of the authorities want anything to do with it.

the OFT dont want to know, neither do the FSA, the FOS cant do anything, im pinning all my hopes on the court, but then its another four months wasted (potentially lost claim money)

Not sure how the judge will view this but im hoping he/her comes down very heavy on this as MBNA have many non compliance cases to answer.

I have just dug out the original copy of the agreement they sent to me when i first signed up for the card, though clearly its not the actual original aplication form just the credit agreement.

No signed boxes anywhere on it, just the terms and conditions and the cancelation box.

worried now because i imagine they are stamping every agreement they send back out to cover themselves

who started all this off huh lol

Nattie,

your right mate barclays statement sheets are indeed very easy to read through, i have a few in the drawer.

Though like i said in the last post i made they didnt send copy statements they have sent, well im not sure what you would call them. Its says "framefiche" "record fiche" "frames indentmicro" then indeed payments,receipts,statement,clrd,clrdint,clrdoud.

what im saying is where i can see i have gone overdrawn (and from my original statements) and i know i had a charge, on the microfiche there is no such charge !

The bank siad they would only send copy statements, but these are a million miles from a copy statement.

Im not sure what you have seen nattie, but these are misleading, incomplete and not the easiest things to follow at all.

thanks anyway

m55dlc

i did request my original agreement in my SAR which i adapted with the help of battleaxe and made very specific. Guess what they didnt comply and are in breach of the DPA, i am in the process of (possibly with a few others) of taking them to court for on compliance.

But i want my agreement as well as statements, its all a long winded process though huh.

we'll win in the end

Just come back to my lonely thread that knowbody looks at anyways:rolleyes: .

Finally got the "statements" though not statements more a garbled mass of figures or "microfiche" or whatever they call it. really difficult to make head or tail of the figures, they show loads of entries where i have gone overdrawn but make no reference to any charge for doing so.

Seeing as i didnt have an overdraft facility i know full well that i was charged for doing this, so why doesnt it show that they charged me for this.

anybody else had data in this format, rather than just copy statements ?

Claire

im not sure if you are referring to small claims track, but if so a district judge will discount any "similar fact" evidence as irrelevant. Even though the burden of proof is somewhat lessened in the small claims, the judge will only deal with directly relevant evidence in your case.

sorry to be the bringer of bad news

Hi all,

sorry to jump in half way through, but am i right in thinking that some companies out there maybe altering agreements if they are found to be incomplete ?

please tell me im wrong !

Way to go Bong, enjoy it

Paul,

WayHey

Niceone matey......lol i still cant believe you estimated the costs and won :lol:

haha thats just a classic !

Ok PM's on the way

So..........................................dont leave us in suspense

whats th letter say then lol ?

Johnny

Hi all

i have just joined this thread after cornicopia lead me here by the scruff of the neck :o

not even going to attempt to start at the begining but im trying to make sense of what i can see over the last few pages.

Damn this issue is deep huh

Hey telnkate,

your counter rebuttle to s5 of the LA using s32(1) a, or b or both ? or even c i feel ? is certainly a strong move and if argued properly using the right case law i feel it could win you the case.

We have had quite a few CAG members in court using s32 though to be honest upto yet i dont think they have fully used the potential this act has to offer.

Clearly its not enough to just say i using s32(1) and expect the judge to say my word, excellent work...you win

you have to argue the points with reasoning and knowledge, as im sure you know there will be a barristor next to you whose sole mission in life, will be to get away from the s32 argument.

Im nt in any way trying to freak you out, im probably just pointing out the obvious, i just dont want to see you in the same prediciment as some of the others.

Do you have any good case law of the limitations act (if not i have plenty so PM me) it may be worth a bit of an ambush on the defence, ie you appear at court with a bit of new case law and dont make a big deal of it.

The defence can at that point ask for an ajornment, but on the other hand they do it all the time and th judge turns a blind eye so bear it in mind.

The crux of the pre six year issue is clearly how well you argue s32 (in our cases). i know you can easily do it, so take encouragment from this.

Best of luck

Johnny

This is what i sent to ms Rachel Claridge (assistant, assistant, junior, only on tuesdays Vice President) i kinda regret sending it now because i was really mad at the time and that has over ridden the content of the letter i think ahh well its sent now and i think it will be ok as an LBA for iminent court action. (speaking of which i need to see cornocopia and decide what we are doing about that)

Dear

Rachel, 3.3.2007

Thank you for your letter putting you in breach of the Subject Access Request. To be perfectly honest Rachel I am lost for words, as the actions and total incompetence of MBNA beggar’s belief. Firstly I would like to draw your attention to attached letters, which were sent by myself dated 20.1.07, 1.2.07 and 12.2.07 respectively and letters dated 8.2.07 and 3.3.07 which were received by myself during my correspondence with you. For the purpose of this explanation, the information commissioner and the court I have called said letters appendix 1, 2, 3, 4 and 5.

In the appendix I have highlighted in red any paragraphs of special importance or meaning in this case, and therefore I would like you to carefully read said paragraphs with particular attention.

As you can see from these letters I set out my request under the Data Protection Act very precisely, making extremely clear that under no circumstances did I want some sort of free service, or indeed an incomplete disclosure. Therefore I respectfully ask under what authority did you make the assumption I would be happy with this incomplete, incompetent and inaccurate breach of the data protection act. Further to that what makes MBNA think they are so special that they can choice whether or not they will comply to a statute act. As you can see from appendix 4, R Vernon made it very clear that the SAR would not only be completed as instructed but would also be on time. Unfortunately neither of these delusions were correct, along with a plethora of other major incompetence’s. As you may be able to detect from this letter I am extremely unhappy with the service you have provided me under the DPA, not only have you breached the act, you have been disrespectful, un courteous, flippant, presumptuous, and plainly ignored any letter sent by myself.

Further to that as I have been reading and watching your correspondence in real time, with others currently seeking a request under the DPA, I have noticed general protocol is to act the same way. In my correspondence with you I have taken great care and thought as to the content of my letters, I have also taken great care in posting the letters, printing, copying ect. Clearly the same cannot be said of yourself, as you quite plainly do not bother to read anything sent to you, but prefer to disregard that and continue in an arrogant and unprofessional way.

I would like you to immediately look into this without any further delay whatsoever, as you are now in blatant Breach of statute, and this simply is not good enough, not by a long chalk.

I will not be sending you your Subject Access Request form back to you, as clearly I have set out my request properly and extremely precisely already, also somewhat ironically I have already sent you a copy of my drivers license and indeed my passport, in letter (appendix 2) dated 1.2.07.

Further to the above paragraph I sent you a cheque for my SAR fee which is £10 on the 20.1.07 (appendix 1) and made it very clear that I insisted it was cashed and accepted for a full disclosure under the act.

I am so very disappointed with your actions I am actually amazed MBNA is able to trade as a professional company.

I have formally now lodged a complaint with the Information Commissioner and have of course attached said appendix for his clarity, and I am seriously considering starting a court action in the county court to force full compliance under the DPA, which I remind you again, you have now breached. I feel I would have an overwhelming case in front of the judge, and clearly the only plea from yourselves would be total incompetence and blatant disregard for its customers.

I hereby give you until return post to acknowledge my final request, if by this date (Saturday 10.3.07) you have failed to acknowledge my request I will begin court proceedings to force compliance. If I am forced to take this action I will of course be claiming the court fees, personal time, exemplary and aggregated damages back from you.

In any event I will be pursuing a claim against you which will now contain a claim for extra damages under statute.

One final point I wish to raise is the fact that my account number documented at the top of your last letter was not actually my account number at all, it seems it must be somebody else’s account number wrongly noted on my letter. Also for the record and clarity I request all information you have on me is disclosed from the Inception of account, as it seems you have only included rough data from 2001, again this is wholly wrong. It all seems slightly ironic really as when a customer owes you any money you are not so slow to act. You have now caused me serious anxiety and stress, as I am extremely upset by all of this, you have cost me many hours, even days, in preparing letters and doing research on this subject, not too mention all the printing and copying expense I have had to incur. I give you until 10.3.07 to look into this situation; I feel I have been more than patient and extremely reasonable. I also enclose the cheque I originally sent to you on 20.1.07, I do not need to enclose any drivers license ect as I have already done this.

Rachel please look into this immediately and post your reply by Return !

Yours an extremely unhappy ex customer of MBNA

Progenic7

yeah keep up the good work intercity mate

paul,

just read your thread and have been smiling all the way through, way to go mate.

You played a very good hand and held out where i should imagine most would have given in, considering the fact you were estimating the costs.

You have given me a bit of inspiration to do the same as im sure they will give me the old micromiche crap when i get round to the SAR.

Im pretty busy with 6 other claims at the minute so BC can wiat a few more weeks till things are quieter.

Its going to be starnge with the BC claim, because i moved house a year ago and basically didnt inform BC, then let things slip, and slip a bit more.

Hey presto a years gone by and according to expirian credit agency i dont have a BC account ...weird how they havnt even defaulted me for non payment. So how they are going to react when i submit a SAR on them i dont know.

Maybe to say i have accrued 10,000 in interest and ha ha they have me now

my account was opened in 1998 so im sure i'll have fun and games with them at the very least.

anyways congrats mate, very well played

Hi danhere,

i would always advise anybody who is thinking of filing a claim to use an N1 and send to the court that way.

Several reasons why firstly there is no limit to the amount of text so you can make your case properly and set it out as you would wish to, it looks a lot more professional, you can attach any other documents you like to it (as long as there relevant of course) ie your charges sheet, you get chance to deal directly with the court, which often gives you a better idea of the workings and processes involved in such a task.

i personally think mcol is a pretty poor way of filing, mainly due to the reverse of the N1 format.

in my humble opinion of course

best of luck mate

Hi taylormandy,

i have just been linked to this thread and so i had to come along to see what has happened, im sorry i didnt make it here weeks before.

The law is perverse...period

i find it hard to believe that a former barristor or solicitor of a district judge could not see past what was clearly going on here.

I have seen similar things to this (paul waltens case for one) not that im into conspiricy theory but im sure somethings not quite right here.

Maybe its the "good ole boys" on the golf course and ten grand on the tee type scenario, (edit allegedly)

Seems like you made a good account of things and the judge certainly should have overlooked the limitation issue until he had looked into the other parts of the case, (the important bits really ) like the charges.

many congrats anyways you have given alot of people some very usefull info if nothing else.

all the best

Johnny

heres the actual act thats been passed and came into effect in Janurary 2007 The Fraud Act 2006

http://www.opsi.gov.uk/ACTS/acts2006/ukpga_20060035_en.pdf

thanks all for the replies,

i have put together the wording on the N1 although im holding off for a few days as it seems there is quite a few people MBNA have done this to.

A few of the CAG members (myself included) are looking into taking a class action in court against them, though this may well involve the use of another track in court.

Battleaxe has decided to make the first move and is looking into the legalities of it all, either MBNA something has to be done about these people, they think they are above the law and can do what they like.

cheers

Johnny

cant wait to see the outcome of all this, what with cca not being properly executed and loads of us taking mbna to court for non compliance of DPA.

this is gonna be sooo funny

cant wait....

BTW just done the spreadsheet of the little info i have on my charges ect and im already at £6400 (thats with contractual interest)

photoman and tanz,

if you have PM'ed me yesterday i didnt get because my message box was full, so send it again if it was important.

Cheers

Johnny

got a link to the thread corn ?