I'd like to see all the naming and shaming being collated and referred to the OFT. CapQuest is my foe at the moment, stupid idiots buy an unenforceable debt and then chase me for it, plenty of warnings back and they still carry on with the same tired threats. Muppets.

No worries Woozel, keep your chin up, there are lots of people here who can help. You should have seen the letters I wrote to MBNA which included the phrases "financial rapists" and other accusations of behaving like criminals, irresponsible lenders, etc. I wrote it all in such a way that it wasn't just ranting but was making my point that they are just not a decent company in any way shape or form. They are the kind of letters I would be happy to have read out in court - never know it may even make the judge chuckle if it comes to it! ;-) You'll find that a lot of creditors and the DCA thugs they employ try every trick in the book, but if you are strong and don't let yourself be intimidated by the "telephone tough guys" then they find it much harder to make your life a misery. I call them "telephone tough guys" because at the end of the day, if they had to face any one of us in person, they would most likely have a very different attitude. It is easy to bully someone over the phone, but much like all bullies, they are really cowards. I'd really love to meet some of them in person just to have a quiet word!

Yeh I got a few calls from mobile numbers which they normally use so that it doesn't look like it is MBNA. A few of their numpty telephone "tough guys" left me messages on voicemail though so I had proof it was them calling repeatedly against the OFT's guidelines. The last one left a message sounding really hurt and said something like "I can't understand why you haven't called us back, we are trying to help you". Yeh right, f' idiot, they got me in a mess then hounded me. Anyway, I text him back saying something like "I won't call you back because you lie, cheat, threaten, and generally make a nuisence of yourselves. You are financial rapists and I'm reporting you.". I also offered to meet them personally if they wanted to act tough. They never got back to me, then sold on the debt which they are not supposed to do when the debt is disputed. I wouldn't normally think of individuals who are just trying to earn a living as being ****, but either MBNA's training is exceptional in turning decent people into wannabe thugs or MBNA hires from the shallow end of the gene pool, IMHO.

Woozel, don't forget to keep the log of calls, perhaps copy into a document on your PC so that you can pass it to the OFT. They are not supposed to call more than a max of 3 times a day for debt collection purposes,

Perhaps The Mould's statement should be the standard letter we send to all banks, DCA, solicitors, et al!! Mind you, they'd probably have us locked up for making threats which they are allowed to do in their cowardly way.

CapQuest followed by Buchanan Clark and Wells MBNA doubled my interest rate, increased minimum repayments, added PPI which I never asked for, offered 0% balance transfers then took them away when I used them, ignored me when I asked them to be leniant when the economy went bad and I was out of work. After CCAing them, got a non compliant agreement back. Told them it is non compliant but made an offer to repay the fair amount I would have owed if they hadn't have gone into extortion mode. They ignored it, threatened me, I stood my ground, they sold disputed account to CapQuest. CapQuest told about situation and ignored, continued to chase. Many very stern letters later, they say they have gone back to MBNA for the second time. BCW started chasing me as of today. Going to send them one single p*** off letter, and inform OFT about the whole mess. The credit industry is going to hell in a handbasket, good riddance!

No I hadn't, thanks uptoeyeballs!

Can anyone explain how the Manchester cases and the OFT guidance (as supplied by jakmgb) can possibly be correct when Francis Bennion and Sir Andrew Morrit previously established the meaning of uneforceable and the reason for it as being "if a creditor couldn't be bothered to issue a properly executed agreement then they deserve to have it found unenforceable and no court has the right to relieve it from that penalty" with additional list of things they can't do when it is uneforceable. It seems that the Manchester court and the OFT have now decided to ignore the consumer protection provisions and roll over to have their tummies tickled by the big banks. Or am I just peeved that the meaning we thought the Act had is not the case? FBR

Ah thanks Magda. I hate the idea that some idiot judge just sides with the banks, despite their supposed neutrality, and then your stuffed with a gloating bank oinking all the way out of the court room.

No you can't appeal, or no the judge can't stop you, or no don't even think about it FBR?

If such a numpty judge finds in favour of the bank/DCA and it is clearly contrary to the law of the land, what remedy does the consumer have? Appeal? Can the judge prevent an appeal?

Yes, here's hoping! Then it's a case of MBNA, be afraid, be very afraid, as we are coming for ya!

Yeh quite possibly Haggis, so it may not see the light of day and a few lobyist from the banking sector are most likely going to try to scupper it. Although....UK businesses braced for class action suits after BA and Virgin pay out $200m - Business News, Business - The Independent -- quote "The legal framework in the UK does not allow for US style class-action suits. However the Civil Justice Council is leading an "extensive lobbying campaign" to push through changes to UK rules to facilitate more robust "collective actions" to allow consumers to recover damages from large-scale fraudulent or cartel behaviour" I think there are also "group actions" which can be brought but they are pretty messy I think.

Not sure about that, I think we can but we don't do it.......UK firms gear up as class action culture hits Europe | News | The Lawyer and http://www.guardian.co.uk/money/2009/nov/15/consumers-given-class-action-powers

I'm sure this has been discussed on various threads before, but I think it is high time that we all get together and bring some class action law suit against MBNA - they are not a bank at all, they behave like criminals so let's treat them as such and haul their backsides into court to face the music. I'm still battling with them. They sold my account to CapQuest as soon as my firm but legalese letter hit them telling them I will not bow down to them as I believe my agreement to be unenforceable. CapQuest chased me, so I told them they shouldn't be chasing whilst the account is in dispute. They went back to MBNA for "investigation" then came back with a load of statements and said that as I used the card I must pay up -- muppets. So now I've yet again told them to p*** off and am now waiting to see what happens. I hate MBNA with a passion. If I had won the lotter last Friday I would have been taking them to court by now, I'd have spent a million just to cause them trouble!