Arrow/Shoos claimform - old MBNA debt - settled by Tomlin - drydens now write saying pay us not Arrows?

[pompeyfaith]

can someone put a link to this regulation on my thread as i have to file another witness statement before the end of march so ill add that too and try it out in court.

 

PF

[pompeyfaith]

Also anyone know of a good program that will blow up my agreement(application form) as ive tried a few that are not so good.

 

PF

[toxicdebt]

How about something like this....

 

 

The copy of the alleged agreement you have provided does not comply with s61(1) of the CCA 1974 and the associated regulations and is therefore only enforceable by an order of the court by virtue of s65. However, since it does not have a term concerning the interest rate relevant to the credit limit (rather, it gives a table detailing the rate for £1000, £3000 and £5000) as required by Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, the court would be prevented from granting such an order by virtue of s127(3)".

[underdog13]

Ive been reading PT's thread about the credit limit being different to the interest table, and mine is a perfect example - Credit limit stated on front as £5500 and Interest rate table on back only lists £1000, £3000 and £5000 examples.

 

Am I right in thinking that this makes my agreement unenforceable?

 

Yes:)

[pompeyfaith]

excellent ty toxic in the WS it goes

[Scrapper]

I have a few law enforcement friends I can call on even my lovely wife if need be. One of them is even top secret I "think" (spooks) but he'd never tell me in a million years, but I have my suspicions. Something Pomeyfaith mentioned got me thinking about MBNA cut and paste tactics and asking one of my many friends about the serious fraud squad and a proof reader. Still thinking about it for the moment as they haven't pulled that stroke on me YET. And thats a big YET as I've had the account 20+yrs.

 

 

Thanks

 

Scrapper Coco

[pompeyfaith]

what they have done in my case is fraud and because they have submitted that doc in court its also comtempt

[toxicdebt]

PF...

 

I'd wait until a more experienced member than I give my suggested defence the once over before submitting in a WS.

[underdog13]

I have a few law enforcement friends I can call on even my lovely wife if need be. One of them is even top secret I "think" (spooks) but he'd never tell me in a million years, but I have my suspicions. Something Pomeyfaith mentioned got me thinking about MBNA cut and paste tactics and asking one of my many friends about the serious fraud squad and a proof reader. Still thinking about it for the moment as they haven't pulled that stroke on me YET. And thats a big YET as I've had the account 20+yrs.

 

 

 

Thanks

 

Scrapper Coco

 

Your contacts could be extremely useful, SC

[Gazza112]

I have a few law enforcement friends I can call on even my lovely wife if need be. One of them is even top secret I "think" (spooks) but he'd never tell me in a million years, but I have my suspicions. Something Pomeyfaith mentioned got me thinking about MBNA cut and paste tactics and asking one of my many friends about the serious fraud squad and a proof reader. Still thinking about it for the moment as they haven't pulled that stroke on me YET. And thats a big YET as I've had the account 20+yrs.

 

 

 

Thanks

 

Scrapper Coco

 

 

 

Hi Scrapper

 

I think MBNA done the cut and past on me, been dubious on what they sent out to me.

Gaz

[Scrapper]

Hi All

 

As we are all in this together I will have a word with my friend this afternoon and find out if there would be a case against MBNA for fraud if they are doctoring agreements and producing them in court and see what he comes back with. No promises, but I'll give it a go

 

Thanks

 

Scrapper Coco

[Scrapper]

Radio 1 just had some expert on talking about CCA's. Only caught the end of it, but might be worth a listen as he said he was a reporter I think. "Jo Whiley" might be able to podcast the show

 

Thanks

 

Scrapper Coco:cool:

Edited March 17, 2009 by Scrapper

[Scrapper]

Hi all

 

Called my mate and he is at work till midnight, but the general feeling is that if MBNA are doctoring credit agreements and presenting this to a court of law as a true copy of an executed agreement then a fradulant act has been commited and liable to a serious prosecution, but will need to explain to him in more detail when he gets back to me. The other thing he did mention was that if somebody has one of these doctored forms and compares it to the original if available and they don't match at all then you have them by the short and curlys as this would be like me drawing up a contract to say I owned David Beckham and this is what the contract would have looked like which I've just put together using MS Office and Photoshop so please rule in my favour and I'll claim the millions in commission owed

 

Anyway I'll let you know what he says when I speak to him later as he can point me in the right direction with regards to the fraud squad if needed.

 

Thanks

 

Scrapper Coco:cool:

Edited March 17, 2009 by Scrapper

[underdog13]

Superb SC:D Thanks - could be really helpful.

[Gazza112]

Scrapper thanks for the info very interesting, as i may have one of those Docs from MBNA.

 

Gaz

[toxicdebt]

Very interesting SC.

Edited March 17, 2009 by toxicdebt
deleted content to avoid giving MBNA a heads up!

[Scrapper]

Hi All

 

Met up with my friend today and he advised me of the following.

 

If MBNA are reproducing agreements and advsing the court that this is what the agreement would have looked like at the time the client signed for it then that is perfectly legal and above board. The problem they would have is not having the original signed agreement which I believe puts a spanner in the works for them because of the house of lords ruling and no county judge can over rule that.

 

IF MBNA walk into court and try to convince a judge that what they have reproduced is the original and you the client can prove they are lying then thats a totally different matter as this would be considered as fraud on a major scale and they would be liable for a major prosecution.

 

If you can prove it this leaves you in a corner of sorts as you would have to produce the original in court to prove a fraudulant act had taken place. By doing this you open yourself to the agreement becoming enforceable depending on the stance of the judge. My friend seems to think that if you took that stance a Judge would rule in your favour as he would be able to see that MBNA had tried to pull the wool over his eyes and acted illegally and basically lied in court. He wouldn't be a happy bunny.

 

If anyone has the b*llocks to do this then my friend said he would be more than happy to point us in the right direction for contacting someone in the fraud squad.

 

Or you could just keep quiet and hope for the best..

 

Do you want to beat them or expose them for the lying **** they are?????????? which in turn could lead to the flood gates opening and hopefully all the senior management being imprisoned for their illegal acts, but with this government I doubt that would happen as they all seem to be in each others pockets.

 

Sorry couldn't be of more help

 

Thanks

 

Scrapper Coco:cool:

[Scrapper]

And true to form MBNA sent me another letter today saying I have to pay the full outstanding amount by today. Nice one you knob jockeys. Letter posted 7 days ago 2nd class. And if I can't I should call them to make a payment plan as they want to help. Shame they didn't wanna help when I lost my job and hiked my rate through the roof. Last week it was the threat of a Charging Order. They don't even know the law the stupid American p*icks.

 

No x 2 CCA term and conditions only sent

No x 2 Statement of account

No x 1 SAR

No x 2 CPR

 

And threats all the time. Well if you reading this take me to court you f*cking spinless gutter rats and lets see what a Judge has got to say about you professional conduct. Oh and they calls have started again from some lady (lthats a laugh) called Karen, but she doesn't mention what company she's calling from just asks to call her on the 1244 number

 

Thanks

 

Scrapper Coco

Edited March 19, 2009 by Scrapper

[pompeyfaith]

This is interesting scrapper ill be interested with the fraud sqaud as i have an original default notice and a fraudulent one.

 

Oh and check this out as i think the news of the world will be on their backs now

 

MBNA - The Consumer Forums

[Scrapper]

Pompeyfaith

 

I am seeing him again tomorrow (pie n mash n jellied eels, lovely) so I will tell him that you have details of their naughty naughty behaviour and see what he has to say. He might ask to see the proof first before he acts, but I don't have a problem with being the middle man.

 

I'll PM you once I've spoken to him

 

Thanks

 

Scrapper Coco

[pompeyfaith]

Not a problem scrapper if he wants to see them sure something can be arranged there

[underdog13]

Go for it, PF:D Superb contact, Scrapper Coco. Do keep us posted:)

[WelshMam2009]

Hi all, Angel asked me to post here. I did actually find an original copy of my 1997 A&L agreement which is shown in part below.

 

http://www.consumeractiongroup.co.uk/forum/mbna/182509-help-should-i-cca-3.html#post2047252

 

However, to date I have had no reply from MBNA in respect of my CCA requests (well out of time) and hence, am still waiting to see what they produce and whether or not it is fraudulent.

 

PS...It's post 58, in case of problems with the link!!

[angel_1]

hiya alll

 

we may just have our first one to compare ,,,,ive asked welshmam to post up and for you all to see if we can see what happens when the cca is sent to welshmam

 

anyway fingers and toes crossed laters all angel x

[underdog13]

Blue Squirrel also has copies of his original agreements. As far as I know he also has yet to receive a copy from his s78 request.