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I am pretty sure that the 'event' driven debt collection method used by MBNA / Reston's solicitors is illegal. My understanding is once the Bank give Reston's the go ahead to harass you for money one of the many tools they use to upset you so much that you pay them whatever they ask for is to monitor evry financial transaction you make. . By linking into real time credit referance agency systems they can tell what money you took out from which cash point instantly. They can tell what transaction you did for example at supermarkets, petrol stations , online . They can tell what bills you paid, how much fuel you use (Gas, Electric). In fact they can account for every penny of your money. . They use this information to decide how you should live for example if they think you are keeping your home to warm (large gas bill) then they decide that you could pay them more by turning down the heat. If they think you spend too much at a supermarket they can ask you to pay more to them and buy less/cheaper food. This is a direct impact on your personal information without your permission. . Don't rush for litigation thaough unless you have a lot of spare cash. The FOS know about this and have said they will not regulate it. Tradeing standards know about this and have said they will take no action. District Judge J of Aldershot and Farnham megistrates court did not even want to listen to the case or see the evidance , he just found in favour of MBNA/Restons with his eyes fully closed. The Data controller does not care and at least some MP's are happy its not happening to them. . My solution, if Reston's have your account try and work in CASH. If its not electric they can not use their event driven debt collection systems. Just to remind every one of the shamefull state of our justice system. District Judge J sitting at Aldershot and Farnham County court awarded the American Bank MBNA and Reston's a charging order against my home. In awarding the charging order the Judge declined to take into account all the circumstances in my case. . 1) I had only missed one payment from an agreement I had with MBNA Bank. Legally this is not enough for a charging order and the Judge knew or aught to have known this. . 2) I had offered to pay of the full debt in four months and allready paid the first month prior to the hearing for a full charging order. The money was guranteed by my brother inlaw. the judge ignored this. . 3) I am dissabled and my home has been adapted with Chair Lift, low toilet, handrails, ramps at the doors, emergency assistance alarms. Forcing me to sell my home would put my life at risk. The Judge refused to look at the medical evidance. . 4) The ammount being claimed by the Bank was in dispute and with CAB we had made a counter claim in the small claims court. The Judge should not have made a judgement without the exact debt being settled first.The Judge knew or aught to have knownthis was breech of procedure. There is allso no doubt the Judge knows that I can appeal but he knew that I probably could not afford an appeal Well if this story was ment to freighten off consumers from seeking compensation from the Banks then MBNA/Restons and the district Judge got it wrong again. My brother in law has just won £80,0000 on the lottery today. We have agreed to go to a reputable city firm of barristers with a view to seek compensation for a misscariage of justice and to persue for damages against MBNA Bank since they are responsible for Reston's solicitors. Every one should continue to campaign for their own cases especially aginst unfair and unjustified costs and charges.
I hope that some readers will be their to support me on December 07 at 3pm Aldershot and Farnham county court. Reston's solicitors have applied to have my claim thrown out of court. It has taken me 1.5 years to get my financial transaction data from MBNA and only after involving my MP and FOS. Since around January 2009 I have been charged £3,800 in legal fees by Restons Solicitors on behalf of MBNA. I have £6,800 in undesclosed charges that neither Restons or MBNA can explain I have 6 letters which it is clear have been forged. MBNA sold my debt to Reston solicitors for 0.5p in the pound before responding to my complaint following their complaints procedure. The differance between my debt at the time approximatly £2,500 and the ammount they sold the debt for approximatly £500 was written off against tax. Restons used the highest level of debt I had with the bank as the ammount they want to reclaim ignoring the payments that I had made. I have been told not to expect Justice. I don't expect Justice but I think the consumer should know just how badly degragated our judicial system is. It will allways favour the large financial institutes and American banks. It appears that the written laws are not worth the paper they are written on. Everything that MBNA and Reston's have done is explicitly outlawed in various acts of parliment includeing the consumer credit act but no judge that I know of has ever upheld it against a large financial institution or American Bank. Law Less Britain when it comes to white coller crime? Decide for your self.