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KmanUtd

Advice on LBA & Court procedures in order to taking MBNA to court

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Hi there people.

I have spent the last 6 months helping MBNA embarrass themselves through a series of written exchanges regarding my dispute.

 

Through this exchange it has become clear that they most certainly do not hold a properly executed credit agreement that displays my signature. After a CCA, they sent me what I am calling version “A” of my alleged credit agreement; it’s basically an application form. I contested this version to such a level that they basically ignored my claims as to its validity in a court of law. Upon escalating my complaint to the ombudsman regarding their aggressive harassment and the absence of a properly executed agreement, (without any additional CCA on my part), they submitted me with version “B” of my alleged agreement.

 

Needless to say this was a complete fabrication of the original document that was hilarious. I contested the complete farce of a document and robustly accused them of Fraud. They chose to ignore my accusation, they did not reply in any way other than to send me, (without any additional CCA on my part), version “A” of the agreement again!!!

 

So in summary they have proven themselves to be dishonest, certainly not fit to hold a credit license and I don’t believe fraud is in the current banking code? I am shocked that they were even stupid enough to send me proof that they falsified documents by providing me with terms that were clearly not visible in version “A”, were added to version ”B” and finally removed again once their blatant actions were contested.[/font]

The ombudsman is currently investigating them so my case is ongoing.

 

They offered a 60% reduction in my debt as full and final, which I rejected on the basis that they were trying to rush me into paying something while the case is with the ombudsman. Today they issued a perfectly legitimate default notice.

 

The advice I now seek is how do I prosecute them? I am not claiming back unlawful charges. I wish for them to stop processing my data, I wish to demonstrate the stress they have caused my wife and I (whilst chasing a disputed account in the absence of a properly executed CCA) and most prominently; I wish for their fraudulent actions to be punished and potentially compensated.

 

I’d like clarification on the LBA in these circumstances and also the correct route to pursue in terms of the court procedures etc. Your help will be most welcomed!:)

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KmanUtd,

 

You seem to have MBNA on the back foot which gives us all a warm feeling I'm sure BUT what's your expected outcome on this one?

 

Emotion aside (and from your post I completely understand what you've been going through – my MBNA file is nearly as big as my Egg file), will you go for a full and final offer of sub 30% and get the monkey off your back for good? Or is there another plan and, if so, what?

 

The reason I ask is that I suspect as you do that MBNA don't have an enforceable agreement and are trying to get something from nothing. I'd be very interested to hear what happens next in your saga...

 

Bornrich

 

P.S. I thinks it's very important to keep plugging away at the regulators so that others aren't subjected to the despicable behaviour of these companies.


 

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Hi Bornrich,

 

My actions really aren't emotional even though they have caused me stress. The mention of the stresses are the only way one can quantify and demonstrate any possible claim for damages to the courts. In fact, even if they don't hold a properly executed agreement, the ICO isn't interested unless the creditor HAS caused you stress.

 

What do I want? I want MBNA to answer the case I have against them without ignoring claims of fraud; when they receive a summons, I want the opportunity to sit in court whilst a judge reads the nonsense they have furnished me with, I want my debt reclassified as a gift in the absense of a properly executed agreement, I want MBNA fined and reported to the FSA for their fraud and disregard for the banking code of conduct AND.......a cup of tea, white 1 sugar with a slice of cake :wink:

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Upon escalating my complaint to the ombudsman regarding their aggressive harassment and the absence of a properly executed agreement, (without any additional CCA on my part), they submitted me with version “B” of my alleged agreement.

Hi Kman

 

Sorry to divert here. Can I ask how you went about getting the Ombudsman to look into things? I am in the same situation and when I contacted the FOS they did not want anything to do with me or the situation (which is having MBNA send me an application NOT a credit agreement). They said they would not investigate.

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Hi Kman

 

Sorry to divert here. Can I ask how you went about getting the Ombudsman to look into things? I am in the same situation and when I contacted the FOS they did not want anything to do with me or the situation (which is having MBNA send me an application NOT a credit agreement). They said they would not investigate.

 

Hi, the problem you are having is faced by a lot of people. The FOS isn't interested in the legal side of whether or not the document is enforceable. They always assume that if you have the card/debt and do not deny it, then the issue is of how the bank "handles" your case and not the enforceability of the agreement.

 

My complaint is different as I complained about harrasment during a dispute and a bigger accusation of breaking the banking code by the manipulation of the CCA (not enforceability). Which according to the adjudicator, was a new complaint to him!

 

It is your responsibility to to either sit it out and see if they take you to court (unlikely if you're sure it is unenforceable) but that carries the burden of arrears and defaults against your name.

 

OR

 

You take the fight to them and issue proceedings which is where I am currently at. I need help from someone to outline the correct way in which to issue a claim for the forgery of docs, the harassment and data protection issues that go with such a case.

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Hi, the problem you are having is faced by a lot of people. The FOS isn't interested in the legal side of whether or not the document is enforceable. They always assume that if you have the card/debt and do not deny it, then the issue is of how the bank "handles" your case and not the enforceability of the agreement.

 

My complaint is different as I complained about harrasment during a dispute and a bigger accusation of breaking the banking code by the manipulation of the CCA (not enforceability). Which according to the adjudicator, was a new complaint to him!

 

It is your responsibility to to either sit it out and see if they take you to court (unlikely if you're sure it is unenforceable) but that carries the burden of arrears and defaults against your name.

 

OR

 

You take the fight to them and issue proceedings which is where I am currently at. I need help from someone to outline the correct way in which to issue a claim for the forgery of docs, the harassment and data protection issues that go with such a case.

 

Thanks Kman. Then our situation IS the same. I only contacted the FOS from the angle that MBNA have harrassed me, added charges and interest, demanded payment etc whilst the account was (is still since May 09) in dispute. I never discussed any issue of enforceablity.

 

I have followed all procedures to the letter and have an extensive document trail. Who should I contact there?

 

Thanks

 

MB

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Hi Kman

 

Sorry to divert here. Can I ask how you went about getting the Ombudsman to look into things? I am in the same situation and when I contacted the FOS they did not want anything to do with me or the situation (which is having MBNA send me an application NOT a credit agreement). They said they would not investigate.

 

By stating the above to the FOS, it is not something they will help you with. I hate to be the bearer of bad news but....Assuming that they sent your "agreement" within the statutory time limit of 12 + 2 days from your original request, they will be able to legally say that they have complied with the act. By completing their obligations in sending you the document that they have on file (whether it is properly executed or not); they will not regard that the account is "in dispute" and therefore normal collection procedures will continue. That is why the FOS can't be bothered as there is nothing generally that they can do unless: you have documented every call and can prove that they are breaking OFT guidelines in the frequency of calls or that their collection practices have caused you distress (usually need backing from a GP to prove this), or in the event that they are abusive or agressive towards you. Those are the things the FOS are interested in looking into. Forget the legality of the document as far as the ombudsman goes. Remember I have documentary evidence that they actually forged a document on 3 occassions, that is a heinous act in it's own right regardless of the enforceability issue.

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By stating the above to the FOS, it is not something they will help you with. I hate to be the bearer of bad news but....Assuming that they sent your "agreement" within the statutory time limit of 12 + 2 days from your original request, they will be able to legally say that they have complied with the act. By completing their obligations in sending you the document that they have on file (whether it is properly executed or not); they will not regard that the account is "in dispute" and therefore normal collection procedures will continue. That is why the FOS can't be bothered as there is nothing generally that they can do unless: you have documented every call and can prove that they are breaking OFT guidelines in the frequency of calls or that their collection practices have caused you distress (usually need backing from a GP to prove this), or in the event that they are abusive or agressive towards you. Those are the things the FOS are interested in looking into. Forget the legality of the document as far as the ombudsman goes. Remember I have documentary evidence that they actually forged a document on 3 occassions, that is a heinous act in it's own right regardless of the enforceability issue.

 

 

The 12+2 was up in early May 09. They sent what looks like a grainy photocopy of the tear off protion of an application to me in October 09. This document is not enforecable but I realise this is an entirely different issue.

 

In the interim the calls never stopped, the threatening letters persisted, the interest, fees and demands for payment continued. this is the basis of my complaint to FOS.

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