All MBNA Caggers Fight Against MBNA's underhand tactics

[WelshMam2009]

 

This went to Restons November 2008 and still no POC.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167407-mbna-now-restons-help.html

 

David

 

Thanks for the link David...it's reassuring to see some hard evidence of this!!

[mauricetura]

Having been a bit short-circuited by site staff in putting a credible class action together I suggest a clear email from anyone who previously wished to join the fight against MBNA directly to John Fingleton.

The emails should be brief and focused on the mismanagement of the complaints process, failure to provide information and applying defaults while in dispute.

 

Keep it simple. I would appreciate being copied in, but may be better if the site managers here keep a record.

We can then make a request for disclosure to see where all these complaints end up.

 

Better yet cc to FSA, FOS and ICO

 

only focused mass action will stop MBNA

[underdog13]

I'm in a similar position UD. Two accounts passed to different DCA's and one passed to Restons. As I've said before, I live in a bog standard house and any equity is due to price rises in the market which, as we all know, can be rather volatile and drop equally as fast as they rise!!

 

Oddly, the one Restons are threatening court action with is the oldest account and the one with the most abysmal copy of an application form. Hence, I am truly surprised that this is the account they are planning to take to court as it honestly wouldn't have been my first choice in their shoes!! :confused:

 

Doesn't seem to be any rhyme or reason to it, does there? Is anyone else beginning to think they just draw names and account numbers out of a hat?

[mauricetura]

The issue of charging orders is an interesting one.

The strategy that I have seen widely followed is to challenge an agreement.

This makes sense and MBNA would appear weaker than most in providing timely and accurate client information.

 

I do think organised mass action is the way to go.

See my earlier post. Get organized,ultimately it will be less work and have a greater impact.

[AA99]

Having been a bit short-circuited by site staff in putting a credible class action together I suggest a clear email from anyone who previously wished to join the fight against MBNA directly to John Fingleton.

The emails should be brief and focused on the mismanagement of the complaints process, failure to provide information and applying defaults while in dispute.

 

Keep it simple. I would appreciate being copied in, but may be better if the site managers here keep a record.

We can then make a request for disclosure to see where all these complaints end up.

 

Better yet cc to FSA, FOS and ICO

 

only focused mass action will stop MBNA

 

Who is John Fingleton and what's his email address

[basa48]

Changing the subject a little.

 

I have noticed a tendency for CCCs to claim that reference from within an application to T&Cs as a separate document is a defence to the application having no PTs included, and thus becomes a compliant agreement.

 

I have at last found the following quote from Goode which dispels that theory:

 

“It is clear that s61(1)(a) is referring to the prospective regulated agreement, so that its requirements must be fulfilled by that document and not just by another document to which it refers”: Goode, Consumer Credit Law and Practice, paras 30.102-30.103.

 

Anyone care to comment and hopefully add to this?

[alisindebt]

I wouldlove to help, having just haad 10 thousand punts written off by them after a 5 year battle. I have plenty to say about their dirty tricks. please can you give the relevant email addresses or secure message IDs to send this info to? Thanks. A.

 

Who is John Fingleton and what's his email address

[cashins]

Anyone care to comment and hopefully add to this?

 

That holds true.

 

Main problem appears to be that some judges are not well up on CCA law, you have to spell it out for them.

 

David

[cashins]

Who is John Fingleton and what's his email address

 

The Office of Fair Trading: John Fingleton

 

David

[mauricetura]

I have a 5 page legal submission which includes this one - it has not been tested by me yet in court as all pt 36 offers have been accepted to date.

 

 

Changing the subject a little.

 

 

 

I have noticed a tendency for CCCs to claim that reference from within an application to T&Cs as a separate document is a defence to the application having no PTs included, and thus becomes a compliant agreement.

 

I have at last found the following quote from Goode which dispels that theory:

 

 

 

Anyone care to comment and hopefully add to this?

[Muffintop]

I think there could well be a number of factors:

 

Does the CCA exist?

 

How bad is it if it does, what else went wrong and how many porkies would they need to tell to try an fix it?

 

A very significant factor could also be if there is a property to go after.

 

David

surely b4 they can go for the equity in property owned they would have to take this to court and at that point you would have to ask them to produce the cca if any,, then the judge would either give you opportunity to pay the outstanding amount of issue a ccj with a charge on your property? they cant just willy nilly place a charge on your property

[cashins]

surely b4 they can go for the equity in property owned they would have to take this to court and at that point you would have to ask them to produce the cca if any,, then the judge would either give you opportunity to pay the outstanding amount of issue a ccj with a charge on your property? they cant just willy nilly place a charge on your property

 

No. The route is Court - CCJ - Charging Order.

 

This does then give them the opportunity at so point to go back to court to see if they can swing a Sale Order.

 

If there is no property equity it is perfectly possible that even if they win, they still have a large debt, they have a legal bill to pay and they wind up being paid on a monthly payment set by the court. This can be very small, or in the case of someone on benefits, likely to be £1 per month.

 

Which doesn't leave them much further on.

 

David

[mauricetura]

What is important here is to take the fight to MBNA

this can be done by inspecting the principles of business in the handbook at the fsa website.

 

If MBNA fail to produce information send FSA an email and letter

if MBNA mislead or do anything else that lacks honesty or integrity again write to the FSA.

 

We have a principles based system - use it.

 

Treating clients fairly is a hot topic - highlight the failings of MBNA

any recordings with wild statements from MBNA - send them to the FSA

 

As my earlier post always cc OFT and FOS

 

if there is extended reporting to these bodies and they fail to act - if we are sure of a high number of complaints then a freedom of information act request can draw attention to it.

 

Mass action now - there will be an election soon - excite the political masters now

[mauricetura]

Further to my other posts - I suggest the CAG collect a number of witness statements, each focused in it's scrutiny of complaints handling and timely production of information.

 

The CAG could then request an audience with Margaret Cole - head of enforcement at FSA - only mass action leading to fines will change the economics for MBNA

[the_shadow]

surely b4 they can go for the equity in property owned they would have to take this to court and at that point you would have to ask them to produce the cca if any,, then the judge would either give you opportunity to pay the outstanding amount of issue a ccj with a charge on your property? they cant just willy nilly place a charge on your property

 

Hi Muffintop, I think what the poster was referring to is the decision process of MBNA, if they see someone with property they are more likely to go for legal then if renting.

 

Its still the case that they need a CCJ to get a charging order.

 

S.

[lexis200]

Hi Muffintop, I think what the poster was referring to is the decision process of MBNA, if they see someone with property they are more likely to go for legal then if renting.

 

Its still the case that they need a CCJ to get a charging order.

 

S.

 

I always understood that they not only need a CCJ, but you need to fail to adhere to it before they can go for a charging order. Is this an incorrect assumption do you know?

[the_shadow]

I always understood that they not only need a CCJ, but you need to fail to adhere to it before they can go for a charging order. Is this an incorrect assumption do you know?

 

Unfortunately they dont need you to not comply as such, they can apply for a forthwith order which basically states you have xx days to pay or else an application for a charging order will be instigated, an interim charging order is placed on your house then until the hearing where it will be decided if it is to be made final or not. Thats my understanding of the process.

 

This thread gives more details I believe -> http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html

 

There are a few threads on here where DCA's have been particularly vindictive and gone for it.

 

S.

[lexis200]

Ouch, that's not good:( For once I'm pleased we rent.

 

I still don't get how they make an unsecured debt a secured one, as that's the whole reason you get a credit card rather than adding to the mortgage or getting a loan, but that's been gone over time and again so I won't start it off now:)

[the_shadow]

Ouch, that's not good:( For once I'm pleased we rent.

 

I still don't get how they make an unsecured debt a secured one, as that's the whole reason you get a credit card rather than adding to the mortgage or getting a loan, but that's been gone over time and again so I won't start it off now:)

 

Yep agree, it says something when the EU is looking to ensure that the same warning on secured debt is issued for unsecured debt in the near future.

 

S.

[Hussy786]

Hi All

 

I requested MBNA for CCA (using template letter from this site) and they send me a letter asking for arrears to settle and provide income /Expenditure details and wrote the information you requested is as follows

My current balance : Blah Blah

My arrears : Blah Blah

Interset Rate :34.9%

Payment Protection: No

(I have claimed PPI but have not cancelled it they have done it)

I requested CCA and they sent the above information Only.

Shall I assume they have not got CCA?

Please advise next step of action.

(the annoying calls every hour has calm down a little)

Please help.

Also a couple of Unenforced credit card claim companies asking £295 fee to fight the case .

has anyone used or using these firms.

A detailed response will be much appreciated.

Thank you all

[basa48]

MBNA take months to send your CCA. I had to gee them up via the FOS eventually.

 

All you can do is remind them they are now in default (because of the 12+2 days rule to send the CCA) and they are not supposed to enforce the debt (s78(6)).

[alisindebt]

Hi

 

On ce you request a CCA they go into default after the 12+2 days. in simplistic terms, that menas they cannot ask for any payments from you, not should you give them any. Neither can they charge interest. There is whole load of other stuff that they can't do, such as inform 3rd parties (yes, that includes credit reference agencies).

 

So, if this happens, enjoy the relaxed break. If they try and ask for money, etc, etc, just keep a record and use it later, if needed.

 

For example, I have a dispute where I have in writing an admission from a credit card company (not MBNA) that they do not have a true copy of the original consumer credit agreement. But they still as of yesterday emailed me 10 times, asking for payments. That is unlawful, but i am happy to let them keep writing to me like that because if, in the unlikely event that this goes to court, they are going to look pretty stupid. The company, by the way, is CapQuest debt collectors who purchased the alleged debt from Egg.

 

So don't seat if this happens to you-give them enough rope and they will hang themselves! They were so angry yesterday when i gave them my new address in Taiwan and said all correspondence should be sent there. Anything sent to my old address in the UK will be sent back to them. WOW! I got email after email asking me to explain why i would not accept anything sent to my old address in the UK.

 

Maybe my logic is ruthless, but i simply explained, well, I live in Taiwan now.

 

OK, on to MBNA now. After several years of fighting they sold the debt to those lovely people as Lowell's who operate as a debt collection agency.

 

I was getting nowhere with them either so i decided to get the CCA and duly sent my cheque for a quid.

 

I got a letter last Friday saying that the agreement was so old, they no longer had a record of it so the whole debt was written off.

 

Get me the champagne, I just saved GBP10 500!!!

 

MBNA take months to send your CCA. I had to gee them up via the FOS eventually.

 

All you can do is remind them they are now in default (because of the 12+2 days rule to send the CCA) and they are not supposed to enforce the debt (s78(6)).

[DJX]

Dont mean to hijack this thread but I am having a similar issue with MBNA-too longwinded to go into here,but the same as everybody else-refusing to respond to SAR's issuing court proceedings etc.

They are a member of the FLA who have an online complaints form-I would highly recommend that everyone who has a problem with them fills it in as I have got nowhere with the OFT or FSA- and this seems to be the first step before a complaint can to the Ombudsman-the more complaints they get, the more it will strenghten all of our cases

Hopefully if they get enough complaints then they will take some action!!

 

the web address is

 

FLA :: Complaints :: Complaints

 

DJX

[basa48]

I'd like to re-visit the issue of illegibility.

 

My copy of my MBNA agreement is almost totally illegible, you cannot read (at all) the interest rates, and barely read the credit limit and repayment rate and timings.

 

The creditor is inevitably going to argue that at the time of signing these terms would have been perfectly legible.

 

Is the fact they are illegible now a good defence??

[pompeyfaith]

Indeed its no good if the judge cant read it, because without reading the agreement how is he/she supposed to pass judgement.

 

You would of thought in this day and age they could store them digitally in stead of the microfiche.

 

Cannot believe they still use microfiche.

 

PF