Bornrich v MBNA (Optima Legal)

[Sniktar]

I am informed by MBNA - after problems of my own - that MBNA no longer use Optima. (Last Friday)

It appears that, maybe, Optima have not been very professional about this as they now appear to send convoluted, unintelligible replies to letters sent to them about MBNA debt! They also do not seem to acknowledge complaints about these letters.

MBNA are responsible for the actions of their collection agents in UK law. Maybe MBNA have taken action after all the complaints.

[pompeyfaith]

I am informed by MBNA - after problems of my own - that MBNA no longer use Optima. (Last Friday)

It appears that, maybe, Optima have not been very professional about this as they now appear to send convoluted, unintelligible replies to letters sent to them about MBNA debt! They also do not seem to acknowledge complaints about these letters.

MBNA are responsible for the actions of their collection agents in UK law. Maybe MBNA have taken action after all the complaints.

 

This does not surprise me one iota I could see this happening for quite some time.

 

Have had my own experiences with optima legal if you would like to know how far have a read here.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/151709-help-65.html

 

From post 1286.

 

PF

[pompeyfaith]

yes please langster email the web address to me when it is up and running and please feel free to use anything from my thread if you need it PF

[Sniktar]

Keep us informed Langster - and thanks to all contributors for helpful advice/comments. A great site and, uncommonly, mostly helpful and supportive across the board.

[vint1954]

Keep us informed Langster - and thanks to all contributors for helpful advice/comments. A great site and, uncommonly, mostly helpful and supportive across the board.

Are they transferring you to another solicitor.

[Sniktar]

Are they transferring you to another solicitor.

 

They have taken the debt back themselves and phoned me to say so - a good step forward! At the same time, I raised the issue of Optima tactics. That was when I understood I was informed I would not be hearing from Optima again as they were no longer being used.

 

Sadly there appears to be no competent body to deal with complaints about these issues. BUT that may now all change.

 

OFT lose cases, complaints departments treat complaints with distain (Mail article on LTSB complaint department facing large fine) - what does large mean when LTSB continue charging customers in default for 210 days before passing debt on? What do LTSB make in interest and charges for 210 days. (Answers on large sheets of paper please)

 

In defense of MBNA - when everything works well, they do put customers on their 'hardship scheme' if they recognise genuine difficulty. Optima just spoiled the pitch in a big way! It started to spoil MBNA reputation

[vint1954]

They have taken the debt back themselves and phoned me to say so - a good step forward! At the same time, I raised the issue of Optima tactics. That was when I understood I was informed I would not be hearing from Optima again as they were no longer being used.

 

Sadly there appears to be no competent body to deal with complaints about these issues. BUT that may now all change.

 

OFT lose cases, complaints departments treat complaints with distain (Mail article on LTSB complaint department facing large fine) - what does large mean when LTSB continue charging customers in default for 210 days before passing debt on? What do LTSB make in interest and charges for 210 days. (Answers on large sheets of paper please)

 

In defense of MBNA - when everything works well, they do put customers on their 'hardship scheme' if they recognise genuine difficulty. Optima just spoiled the pitch in a big way! It started to spoil MBNA reputation

So they have discontinued your court case?

[Sniktar]

They have not mentioned taking this any further

[Sniktar]

Thanks Langster - I have found FOS to be virtually powerless in dealing with complaints.

FSA have at least responded.

I will now explore your suggested route/s as I don't give up easily.

[CoventryCrusader]

Hi Bornrich

 

came across your thread while searching the web

 

i have a very long story to tell in my fight against MBNA/OPTIMA...too long to post on here but if you take the time to look on

 

penaltychargesforum and search Slevin v mbna you can read it.

 

was very suprised to see my name mentioned in post #66 by langster

 

we can swap notes to help each other along the way

[CoventryCrusader]

Langster

 

Hi. i see i got a name check from you in post #66

 

would love to hear what you know. please get in touch

[pompeyfaith]

CC I notice you have no thread maybe a good idea if you start one, but in the mean time I've answered you question on my thread.

 

Regards

 

PF

[CoventryCrusader]

thanks.. i have a very large thread on another forum so will have to do a summary and put on this site in my own thread..... was just trying to contact bornrich and langster and your self as we have some common ground regarding OPTIMA..

[pompeyfaith]

ok all you need to do is copy and paste the important bits over then add a link to that thread on here for the rest i will look in on your thread this evening

[pompeyfaith]

September? Are they winding up lol wishful thinking I know PF

[CoventryCrusader]

Hi Langster

 

Glad you have seen my post

 

I have been checking you info and you definitely have a good source on the inside

 

I have some good stuff to send you relating to how low and deceitful Optima can go. it will be useful for your future website.

 

I dont want to discuss in an open forum as they will be watching. i want to "keep my powder Dry" so to speak

 

if i am able to attach some documents to a email to you i will

 

I would be interested to hear what your "friends" know about my case....

 

p.s. i dont mind my real name being used...

[pompeyfaith]

I can't say anything definitive at the moment but a little bird tells me that there could be some big news coming soon which might be of interest to Optima watchers... I'm told that it looks like somebody might have been a bit naughty. I'm just waiting for a hard copy of the evidence but IF what I've been told is correct (and I stress that I'm waiting for a copy of the evidence and just going by word of mouth at present but I have no reason to suspect that this person is not telling the truth), a very senior person could potentially find himself in serious trouble.

 

Just waiting for the green light on this.

_____

Well that cant come soon enough I have my pint glass at the ready lol

 

PF

[CoventryCrusader]

hopefully there will be some press coverage.......

[CoventryCrusader]

Hi Langster

 

do you have any back ground info relating to my case with optima?? please pm me if you do

 

Frank Slevin

 

(i not afraid of them seeing my full name..faced them across the court room before and i am looking forward to it again)

[CoventryCrusader]

Refearlier post LETTER BEFORE ACTION

 

found this on OPTIMAS WEBSITE...such hypocrits

Optima Legal - CCA Debts – Should minimum thresholds be imposed?

Publications

 

 

CCA Debts – Should minimum thresholds be imposed?

 

11 May 2010 | in Credit, Featured Articles

by Paul Loveridge, Associate Solicitor

 

CCA Debts – Should minimum thresholds be imposed on Orders for Sale?

In February the Ministry of Justice published a consultation paper considering whether a minimum threshold should be imposed on Order for Sale applications arising out of final Charging Orders on debts regulated by the Consumer Credit Act.

The consultation arose due to the Ministry of Justice’s concerns at (1) the large volume of final Charging Orders which had been granted over the past decade combined with (2) the fact that given the current economic climate, creditors are more likely to want to quickly exercise an Order for Sale to release the monies tied up in the charge.

The consultation paper considers four separate options:

 

1. Introducing a threshold on all Charging Order and Order for Sale applications.
   
2. Introducing a minimum threshold on just Orders for Sale in CCA applications.
   
3. Introducing a two-limb test before an Order for Sale could be granted ie a debt must be a high amount and account for more than a certain percentage of all debts owed to the applicant.
   
4. Restricting the scope of Orders for Sale by removing their applicability to consumer credit debts or residential property altogether.
   

Whilst the consultation paper does not openly criticise creditors for their actions in a difficult economic climate it does question whether debtors should be offered more protection, perhaps even enshrined by statute, from applications that may be considered oppressive. Concerns such as this become apparent when the MOJ cites, by way of example, an order for sale on a property worth £300,000 arising out of a judgment debt of £500 secured by a Charging Order.

In order to ascertain whether existing debtor protection is sufficient, the MOJ considered the current statutory framework surrounding Charging Orders and Order for Sale applications as well as established case law and made the following observations:

 

• There is sufficient protection afforded to debtors within the current statutory framework to safeguard against oppression. Furthermore, the framework does not pigeon-hole debtors in a way which may cause detriment.
  
• Although judicial decisions do differ between courts, there remains a uniform trend when considering Order for Sale applications. The general attitude of the judiciary is, correctly, that such applications are a last resort and the court will take into account all matters including any arguments under the European Convention of Human Rights in circumstances regarding children or family life.
  
• In the event that a creditor is denied the opportunity to enforce CCA debts through final Charging Orders and Orders for Sale, there is a risk that unsecured lending will be reduced or withdrawn to the detriment of society and the economy ie a significant proportion of society would either have credit lines reduced or closed eg young professionals in an inflated property market. This further suggests a reason for creditors acting with restraint in making an application for an Order for Sale.
  

In concluding that none of the four options set out above should be implemented, the MOJ took comfort from the OFT’s interim findings on applications for Orders for Sale, which revealed that a relatively small number of Orders for Sale are granted and the OFT, in its regulatory role, already acts as a safeguard to debtors as well as a passive deterrent to creditors engaging in unfair practice.

Notwithstanding the MOJ’s preliminary conclusions the consultation period remains open until 30 April 2010 and provides an opportunity to make representations against the backdrop of social and economic pressures on debtors. We will await with interest the outcome of the consultations but, in the meantime, would agree with the MOJ that the existing safeguards are already fairly comprehensive. The more it is made clear by the judiciary that such applications will only be considered as a last resort, the less any speculative applications will be made.

If you would like to record your agreement to the conclusion or any disagreement and recommendations you can do so at www.justice.gov.uk.

[CoventryCrusader]

Hi Langster,

 

im still persuing things with Richard newman and a journalist from The mail on Sunday who recently gave Capita some bad press...

 

keep chipping away

[GeoffreyAlby]

subbing