Very strange behaviour from MBNA

[thinkb4]

Thanks to those that replied.

Life has a funny way of makeing things right in the end. As it happens I now have a good job and wil be able to payback MBNA/Reston solicitors the Judgement ammount and clear the charge on my house.

I have allso approached a large reputable firm of city solicitors with a view to establish a case against MBNA/Reston solicitors for damages, hurt to feelings and my own costs.They have employed a large firm of accountants to deal with the financial aspects of the case. One concern that we both share is that MBNA/Reston solicitors may have been engaged in 'double accounting' i.e both parties have been writeing the same debt off against tax. In the new year they wil challange MBNA/Reston solicitors to produces their accounts and if necessary get a court order forceing them to declare their accounts. We are positive that we are going to find a considerable ammount of abnormalty in the accounts. If our case suceeds then MBNA/Reston solicitors will be forced to compensate every one who can prove that they have been unfairly treated by the bank. That should be a lot of good news to everyone on his forum.

The case is not cheap! The solicitors have taken out an 'after the event' insurance on the case incase we do lose. They have also accepted reduced fees up front as they will be claiming their fees from MBNA/Reston solicitors.We will be waiting until March 2011 efore we start as this will give me an opportunity to clear my debt with MBNA/Reston solicitors and have the initial funds to start the case £10,000.

Any one who thinks this is not worth it, the solicitors suggest to me that an ammount of £250,000 in compensation would not be unreasonable although it is likly to be an out of court agreemant with the normal gaging order.

Was all this necessary? Absolutly not MBNA/Reston solicitors just had to controll their greed a little bit. At the last hearing when they got their charging order I owed them £2900, they owed me £5000(mistakes in their accounting system when they intigrated with the old Abby National system) and I offered to settle the matter i.e they were in profit by £2999.

As for district judge J. I strongly feel that favours were exchanged for this Judgement. It was a stupid thing to do for such a small ammount of money and a case that MBNA/Reston solicitors just can not win in the end. I have made my complaint to the ministry of justice and my new solicitors and I will be following the progress of that complaint very carefully.I can not imagine that the Judge or any of his peers would carry on makeing such simple mistakes while Investigations are ongoing.

 

It's a tough time for me but hopefully it will avoid other inocent people from being driven to the point of disspear by this large greedy American organisation MBNA/Reston solicitors.

I am certain that consumers will start getting reasonable behaviour out of them.

Remember this in America Al Capone a criminal gangster was eventually braught down because of discrepancies in his tax accounting. MBNA/Reston solicitors are about to have their tax declarations scrutanised.

The only question is will the British Goverment step in and protect them because thay are a large Bank.

[Coactum]

Very interesting thinkb4, I wish you luck, but I have to say a case of this sort will not come cheaply and your £10K will evaporate all too quickly so take care and fully consider your every move.

 

As for your reservations about the Judge I somehow doubt he was bought, but I rather suspect that he had a preconceived opinion that if a bank says the client owes X so be it.

[thinkb4]

Thanks for your responce.

I would just like to say that if you look hard enough you will allways find very cabable people who are willing to take on a challanging case just for the thrill of it and for the victory.

 

I am no longer alone in this case. The £10,000 is just a begining , I feel that my backers have a bigger picture in mind that I am not aware of. The down side is that if they reach an out of court settlement with senior MBNA respresentatives I will never be able to tell the full story.

 

This matter is now out of my hands. I am just glad that my bill will be paid. It's a shame because overall I will lose out as I have suffered the injustice that some one else is going to benifit from.

 

It's good in an ideal world to think that district judge J was commited to Justice and hence not swayed by financial or other gains.

 

The investigation that has so far been done would suggest that their was reasonable grounds to belive that favours or favours in kind were likly to benifit Judge J if the judgement went a certain way. In this case if a full charging order was granted. It is not a written commitment but it is not beyound proof. Unfortunatly in the world we live in today every man has his price and so every man that excepts favours has to understand that at some time the favours being offered to others is greater then what he can offer for silance.

 

The bottom line is if you are genuine and not trying to rip banks off then don't despire if Judge J favours the Banks. Keep looking for help and it will find you.

 

Good Luck to everyone that is suffering injustice because of Bankers Greed, Judges Greed and lack of governance by this so called co ilition government.

 

Allso do your best not to upset any Americnas or the UK Judicial sysytem will come down on you with a tone of bricks. I think we all know who the boss is and of course MBNA are an American Bank. The only differance is that in the UK we do not have constitunal rights. As the American are in charge of everything from our financial services to our forign policy , and because we have no consitituaniol rights like americans do, the American goverment can do what they like.

 

To avoid trouble in your life I would advice everyone I know to keep away from MBNA or anything American. No Contact No Issue.

[Coactum]

It seems that MBNA do not take the holidays off either. Well to be more precise I have had a flurry of calls from an Indian sounding agency calling on behalf of MBNA yesterday and again today. Needless to say I promptly advise them that I will not be going through the security check and as such cannot talk to them, but they just call back a little while later. Now I thought India was mainly Hindu and as such they don’t celebrate Christmas but I’m sure there will be an equivalent religious occasion and so don’t expect these calls to continue tomorrow.

[thinkb4]

Thank you for your responce.

 

It really does not matter who calls you or what religion they are.

 

If you are in trouble with MBNA remember they are American.

 

The UK Goverment is simply a pupet on a string for the Americans. Never rely on Justice, Fair PLAY, Your Lega Rights or your Human Rights .

 

The Americans will do as they wish and our goverment will go along with it. Get ready to pay up the debt in full within one month or sell your house and live on te streets.

 

I hate to bring this bad news to you but just check all the posts about America Banks and how many people have been forced to sell their Famly homes by district Judge J of Aldershot and Farnham county court and you will see Just what you are up against.

 

These are very sad times for Democracy and I whish you all the best Lauck.

 

All I can say is that when the situation gets so bad the best you can do is right to your MP and express your concerns.

 

We are British Citizens and not just another state of the USA.

 

For the benifit os our children and their children after them we have an obligation to ensure that British Goverments respect and protect the rights of British Born Citizens and in particular against greedy American Banks such as MBNA.

 

Thanks

[thinkb4]

Why is it that certain threads appear to be censored on this site?

 

I am glad that MBNA/Reston Solicitors are now accepting half their alleged debts. This does not mean what they are doing is still right or legal. The chances are that even half the debt is too much since they will have already written the whole debt of against tax and received tax relief on the debt and the cost to administer it. So half the debt is just a 50% Bonus to them and the staff concerned.

 

Next year MBNA/Reston Solicitors are likely to have a record profits year and record bonuses paid to their staff at the cost of bringing extreme misery, hardship and distress to normal working class individuals. I can imagine the dollar signs rolling round in MBNA/Reston Solicitors staff's members already.

 

The reason I say this. Many more public sector workers are set to lose their jobs and run into difficulty with debt.

 

The British Judiciary have decided that they will not give the working man any protection against the illegal practices used by MBNA/Reston Solicitors to recover debt.

 

District Judge J of Aldershot and Farnham County court made it clear that:

 

1. The only protection a consumer has against the illegal practice and charges of banks like MBNA/Reston Solicitors is to pay what ever they ask for.
   
2. The Banks such as MBNA/Reston Solicitors need to make large profits is more important then the legal rights of the consumer.
   
3. The Consumers rights within the Consumer Credit Act and Data Protection act will not be implemented by District Judges in county courts.
   
4. Large banks such as MBNA/Reston Solicitors have immunity from prosecution for their illegal behaviour and have immunity from any allegations of excessive charges.
   

As far as I am concerned, MBNA/Reston Solicitors have stolen approximately £3800 from me and district Judge J of Aldershot and Farnham County court has legitimised the theft.

 

In the bank statements that I finally received from MBNA/Reston Solicitors through the FOS their is a big gap of £2500 that left my account, entered MBNA's account but did not appear on the debt that was sold to Restons Solicitors. Their are additional charges of approximately £1300 which is just described as 'finance charge' that never appeared on the original statements while the account was with Abby National. I have never been given an explanation of what this charge is, why it was added to my debt or why i was not told about it.

 

I have had to withdraw my claim against MBNA/Reston Solicitors for the recovery of this money because District Judge J of Aldershot and Farnham County court implied to me that I would lose the case (Regardless of the evidence i have) and that he would award costs against me. He made this implied threat while dealing with a separate matter of a full charging order against me. How he managed to give a charging order for an amount that was in dispute and which was the subject of ongoing legal action is beyond me. How District Judge J of Aldershot and Farnham County court was able to give a judgement on a case that was due to be heard in March 2011 without any hearing still puzzles me totally.

[GeoffreyAlby]

Who is Judge J? Would be interesting to know his full name , so that we can investigate his background...

[Coactum]

Thinkb4, Censorship may be imposed if the thread host or site owner considers you are making potentially defamatory remarks. You really need to review what you have written and reconsider what you say if these comments cannot be fully substantiated. In other words do as your pseudonym suggests and Think before you write.

[thinkb4]

Thanks for the replies and good advice.

 

I feel I am in enough trouble without disclosing Judge J full name. Any one else who has experienced his form of Justice will know who I mean.

 

I believe it is normal for a Judge to take into consideration the whole background of a case before reaching a decision.

 

I believe it is necessary for any Judge to take into consideration a disability or other special circumstances when making a Judgement and also to understand how that Judgement will effect the individual with the disability.

 

I believe that if their is an ongoing case that has put into dispute any money owed to a Bank, a Judge should not give a Judgement in favour of the Bank ( Thus creating a bias in favour of the Bank) Until the dispute has been settled i.e. the case regarding the dispute is resolved. Especially when the same Judge is hearing both cases.

 

I believe it is wrong for any Judge to suggest that the 'only protection' a consumer has against illegitimate and high charges by a Bank is to pay the amount without challenging it.

 

I believe it is professionally wrong for a Judge to take the most extreme action against a debtor when their are other less harsher ways to achieve the same goal and in particular when it is the first offence , when the debtor is disabled and when their is every chance of the debt paying paid back in full within a reasonable amount of time ( 4 Months).

 

If any of what I have said is wrong or defamatory then I apologise. I strongly believe that no Judge could have reached a conclusion on my case within 8 minutes if they had allowed me to present my case in full. In any case Judge J had the whole history and a written defence in front of him when he allowed MBNA/Restons a charging order on my home when their was no need for it.

 

Because of his Judgement I now have to cope with the following :

 

1. I have to drop my case against MBNA/Restons for £4800 in charges and errors in their accounting systems.
   
2. Two more of my creditors have decided that because of the second charge on my property they now want their money back in full and are about to start their legal action against me ( I had an agreement with them for minimum payments )
   
3. Their has been increased stress and arguments in our family all through the Christmas holidays because my wife feels their is a threat to our family home.
   
4. My children have had the most miserable Christmas in their short life’s.
   
5. I will have to find almost £10,000 to pay back all my debts just because of a debt of £2900 with MBNA/Restons Solicitors that I could have paid back within 4 Months and that my brother in law was willing to guarantee to be paid back within four months.
   

Of coarse I feel that their is something fundamentally wrong here. I do not believe that any Judge could just make such a mistake. The decision seems to be too much in favour of MBNA/Restons Solicitors and does not appear to be either Just, Fair, Independent or even Justifiable.

 

I can appeal it but I should not have to appeal it and I can not afford the cost of a proper appeal right now. It would not make a difference any way since I have made arrangements to pay back MBNA/Restons Solicitors what the Judge has ordered me to pay them £3,900 for a debt of £2,900. In the future I plan further litigation against MBNA/Restons Solicitors , this time i will be properly represented by a city law firm and accountants and have the case heard in a more cosmopolitan central London Court.

[Coactum]

I think that you need to create your own thread for this thinkb4 because although it continues on my theme of "Very strange behaviour from MBNA" what you say is more of a matter to do with the courts and in particular one judge. Creating your own thread will allow others who have had similar experiences to share opinions and outcomes that might better suit your needs. These others might not have been brought to court by MBNA and so give a far wider range of opinions and outcomes.