Anybody Fancy Some Fun ?

[surreyscouse]

good, good , we are gathering momentum here !

 

Just to clarify, it is 12 calendar days NOT working days.

[bryony84]

Surreyscouse 6/7/2006

Worzel 5/7/2006

Stacymason5/7/06

Paulcaley

Gizmo111

Norvernrob

thfctimmo

dellydaisy

Bryony84

 

I'm in too!!! They have called my 5 times in 2 days - I have a feeling its about my letter requesting charges - I have refused to speak to them each time!

[surreyscouse]

Crikey, talk about taking on the big boys ! I have won ! (for now at least)

 

The following information relates to your judgment:

Claim Description MBNA

Claim Number 6QZ36695

Status of this Judgment Requested

 

Your judgment has been submitted to the court for final validation before being issued.

 

I spoke to the girl at mcol before i issued the judgement. She did say that I can send in bailiffs immediately if I wanted to. Seems a bit heavy handed even by my standards so I will fax them later on this morning and let them know they have 7 days to get the cheque to me otherwise I will send the bailiffs in and you know I will ;-)

 

The only thing I couldn't do online was claim for distress. The money claimed is solely for expenses incurred by myself. The ladt said that I would need to go to my local court and issue another N91 but kind of cross-reference the two summons so that the judge can see what i have already done. means paying another £30 but i can handle that all day long as long as I am having a bit of fun ay MBNA's expense.

 

This lot do not want to go to court, trust me, issue summons all day long and they won't even acknowledge it ! I'll post my fax to them as and when I have done it.

 

It's sunny and I can't smile wide enough !

[blackrain]

So, you have all your charges back? Or is this a different claim? What can you send the Bailiffs in to do exactly? Sorry can't wade through ten pages of threads!

 

Well done though!

 

My LBA is off enxt week to this bunch of idiots. They haven't responded to my Prelim letter and if they don't I am going to report them for breaching the Banking Code of Conduct. They have to acknowledge all communications.

[MARTIN3030]

Great news SS

 

Although you are being extremely generous giving them another 7 days

(thats time enough for them to get it set aside/a stay ?)

 

Them computer desks in their branches are worth a few quid !!!

 

 

lol

[surreyscouse]

can they get it set aside/ a stay ? I thouht that was it now, I have issued the CCJ it's their fault they haven't responded

[MARTIN3030]

Obviously they would have to give reasons as to why they wanted it set aside but it would give them more time.

 

 

You probably know the tricks they are all pulling.

 

This is just an avenue they could go down and I personally wouldnt give them any chance to do it or even think about it.

You already have the ace card now !!

[MARTIN3030]

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=486

[surreyscouse]

thanks for that mate. I can't see them doing that to be honest. The form seems to apply for individuals. Also I can't see MBNA throwing good money after bad so I think they will go quiet. I will give them the 7 days but them apply for the warrant of execution. Thanks for your concern though martin, much appreciated

[Worzel]

Come on Stacy, keep it up to date by using the latest list :grin:

 

Surreyscouse 6/7/2006

Worzel 5/7/2006

Stacymason5/7/06

Paulcaley

Gizmo111

Norvernrob

thfctimmo

dellydaisy

Bryony84

Davefirewalker

[surreyscouse]

ok, here is my fax:

 

28 June 2006

 

Notification Of County Court Judgement – Claim Ref 6QZ36695

 

By Fax – 2 Pages

 

Dear Sirs

 

ACCOUNT NUMBER: XXXXXXXXXX

I refer to the above claim, which was served on 13th June 2006.

As you have not responded to the court summons, I have had no alternative other than to issue judgement against yourselves. A copy of the judgement is attached for your information.

You will note that I have requested immediate payment. Please can you forward a cheque to me for the full sum of £330.00 within the next seven days. Should you not do this then I will apply to the court for a warrant of execution to be served upon yourselves without further notice. In addition to the £330.00, you will also be liable for the costs incurred by issuing and enforcing the warrant of execution.

I do not want my account credited with £330.00. I will pay separately any outstanding amount that is currently owing. I will emphasise once again, I expect a cheque for the full amount, not a credit to my account.

Furthermore, the sum of £330.00 does not include awards for distress caused by your actions. I expect you to make an offer of settlement for the distress you have caused me. Once again, I am willing to allow seven days from the date of this letter for you to make such an offer. Failure to do so will result in me applying to the courts for compensation in respect of this at their discretion.

To clarify, my deadline for both items expires at 17.00 hours on 5th July 2006.

I await your reply.

Yours faithfully,

Surreyscouse

Any thoughts ?

 

[Worzel]

I'm in too!!! They have called my 5 times in 2 days - I have a feeling its about my letter requesting charges - I have refused to speak to them each time!

 

If you are fed up with them calling then the next time they call take this approach:

 

Firstly tell them that you are recording the call and warn them that you may use the recording at a later date and that the contents may be divulged to a third party.

 

Then tell them that you are officially informing MBNA that you will deal with them only in writing. Tell them that continued telephone calls after your request may constitute a criminal offence under Section 127 of the Communications Act 2003. Also tell them that should they ring after your request that they will be in breach of the Wireless Telegraphy Act 1949.

 

Finally tell them that further calls from MBNA will cause you significant alarm and distress, and that you will feel as if you are being harassed so will have no option than to seek an injunction against MBNA under section 1 of the Harassment Act 1998.

 

Of course, if you are on benefits it may also be worth telling them that you are probably entitled to legal aid and that you are sure you could find a solicitor wanting to make a name for him/herself.

 

In fact, why wait until they ring you again - ring them and make your stance :grin:

 

Worz

[surreyscouse]

good words Worz

 

Bryony, called the advocates office and tell 'em straight, they can stop the calls in an instant

[Worzel]

Excellent and well done - an inspiration to us all :grin:

 

I would love to see you send the bailiffs in 8)

 

Worz

[MARTIN3030]

Looks bob on SS

 

You leave them in no doubt as to your intentions,and can be seen to have been very patient and reasonable under the circumstances.

 

If they ignore this its at their peril as its clear whose side the Judge would take further down the road if that day comes.

 

10/10

 

 

[surreyscouse]

ok fax gone, god I hope they don't reply !

[MARTIN3030]

I bet this is gonna be the quickest reply you have had off them so far...........

 

 

 

[surreyscouse]

I just thought, if I can find 13 more ways to sue them for the same amount of money then that would clear my balance with them ! Not likely though

 

shall we have a vote ? Will they respond within the 7 days ?

 

No for me

[MARTIN3030]

I was thinking bout the vote too

 

I think yes...........

 

 

Unless they are looking on this site for advice on dealing with Baliffs lol

 

:grin:

[bongobaz]

so what would be the next stage after the request for a copy??

if your bank dont provide you with a copy of the agreement after the 12 days what would you have to do next??

[downsouth]

I'm in too. Bloody good idea SS...

 

Surreyscouse 6/7/2006

Worzel 5/7/2006

Stacymason5/7/06

Paulcaley

Gizmo111

Norvernrob

thfctimmo

dellydaisy

Bryony84

Davefirewalker

downsouth 6/7/06

[surreyscouse]

we write and tell them that we do not acknowledge any debt to them and that the whole amount is in dispute until such time as they can prove there is a signed agreement. We will also instruct them to freeze all interst on the account and not record any adverse details on our credit files (i.e. missed payments, arrears) and, I'm of the mind that they should refund every single penny we have ever spent on their card as the whole debt is unenforceable by law without the agreements.

 

This really is a bit of a lottery but one of us could do quite well out of this just by exercising our rights. If that happens then I am sure the floodgates will well and truly open :grin:

[norvernrob]

This could be interesting, as my MBNA card used to be a Bank of Scotland card - it was switched over last year, and I never signed another agreement. I'm hoping the original has disappeared

[downsouth]

This could be interesting - I've had the misfortune of having had an MBNA account since 1998. In my conversation today (re wrong chq returned, see my thread) I asked for ALL INFO EVER for the Data Protection Act request. The lady I spoke to in the Advocate Office told me they hold NO information beyond 6 years:)

 

Like surreyscouse says, its a bit of fun, that may come off for one/some of us and cost MBNA some money which'll be nothing compared to the years of grief and cost some of us have suffered over the years.

 

My biggest beef with them is that up until recently I was on 0%. Two of my payments were a day late (literally) and not only do I get the unlawful charges (which then go on to make you overlimit and trigger yet more fees), but they took away the 0% and now I'm paying 24%.

 

Thats about £2500 a year thanks:mad:

 

So yes if there's even a minute chance of me hitting 'em back I'll have a go.

Bring it on

 

 

More names to add to the list please.... just over a week before we hit 'em:-D

 

Surreyscouse 6/7/2006

Worzel 5/7/2006

Stacymason5/7/06

Paulcaley

Gizmo111

Norvernrob

thfctimmo

dellydaisy

Bryony84

Davefirewalker

downsouth 6/7/06

[surreyscouse]

more fool them if thy haven't kept the copy of the credit agreement. So is hse saying that a mortgage company gets rid of your mortgage agreement after 6 years ? Don't be silly you little mbna woman of course they don't.

 

Complete and utter idiots this lot, they'll get whats coming to them.

 

Rant over, off home, will write tomorrow !