Battleaxe does MBNA

[progenic7]

Hi Battleaxe,

 

hey hun any chance you could PM me and or send us some idea of what you put on your N1 for SAR non compliance with MBNA, i am now in the same position and they have made me really mad

I want to file in court asap and just thought as you have already done the same thing with the same CC you may have some kick ass wording for the N1, and anything you may have added to it to help the cause.

 

any help much appreciated

 

Johnny

[Guest Battleaxe]

Progenic,

 

I just worded the N1 adapted from the N1 template regarding a money claim and just substituted the points that they had not complied with the SAR. At this stage I did not have the ICo adjudication, but that was my ace in case we went to Court.

 

I claimed for every letter sent, the postage of same, the filing fees and hit them for £100.00 a day for research. I settled for compensation of £200.00 plus costs and settled out of court. Stupid me. The ICO adjudication would have had more impression on the Judge and I used this as the bargaining tool with MBNA.

[beetlebum38]

Battleaxe, please excuse me for hijacking your thread.

I was wondering if you had an email address for the legal dept at mbna. I looked through the threads and all i could find was a phone number for Mr Wareing.

 

P.S. i would be grateful if you could take a look at my thread now and then and offer any words of wisdom. Beetlebum Vs MBNA

 

thank you

[Guest Battleaxe]

Beetlebum

 

Try this one email: catherine.s.edwards@mbna.com , it is the only email address I have for the legal team at Chester Towers

[progenic7]

Battleaxe,

 

thanks for the advice i have managed to come up with the wording for the N1, i was thinking of somehow making reference to all the CAG members that have been treated the same way, but realised this would probably cause soem logistical problems not to mention the difficulty getting all the information necessary for such a task.

The fos said they are forwarding one huge mass complaint to mbna, but in reality i doubt this will actually have much effect. The fos seem very cautious when it come to exercising their limited powers, i think it will amount to little more than a basic ticking off with no real weight behind it. Though i would love to be proven wrong on that.

Anyways thanks battleaxe and good luck with your own little battle with mbna, im behind you all the way

 

Johnny

[Cornucopia]

Battleaxe,

 

thanks for the advice i have managed to come up with the wording for the N1, i was thinking of somehow making reference to all the CAG members that have been treated the same way, but realised this would probably cause soem logistical problems not to mention the difficulty getting all the information necessary for such a task.

The fos said they are forwarding one huge mass complaint to mbna, but in reality i doubt this will actually have much effect. The fos seem very cautious when it come to exercising their limited powers, i think it will amount to little more than a basic ticking off with no real weight behind it. Though i would love to be proven wrong on that.

Anyways thanks battleaxe and good luck with your own little battle with mbna, im behind you all the way

 

 

Sorry for hijacking BA, could everybody check out the MBNA Group Question Thread and the MBNA Properly Executed Agreements Thread, as we are information gathering! Thank you!

[humbleman]

The fos said they are forwarding one huge mass complaint to mbna, but in reality i doubt this will actually have much effect. The fos seem very cautious when it come to exercising their limited powers,!

 

what the FOS mean is we will send them a standard letter with details of all the affected customers, instead of bothering our member with 100's of letters, so they can just reply with a simple letter rather than addressing 100's of letters individually.

[progenic7]

humbleman,

 

my point exactly, what i meant is i doubt that the Mass complaint will be more than a simple letter, with no powers of authority used.

Strange how the FOS dont use these powers isnt it, i mean just look at MBNA blatently flaunting the law and sticking two fingers up at the FOS like they are above the law, and what do the FOS do...Nothing

anybody buy into conspiricy theory ? lol buts its very strange though !

[Guest Battleaxe]

They should be treating each complaint on it's merits, a Mass comnplaint isn't going to do any good. i wonder how many complaints consititutes a mass complaint?

 

Mr Merrick should be asked why is the FOS choosing this method of dealing with the complaints regarding MBNA.

[progenic7]

Battleaxe,

 

my sentiments exactly hun, i am not very impressed by it at all especially when the actual content and weight behind it probably wont add up to that much anyways (IMHO)

At the end of the day it seems as though MBNA actually can do waht they want and knowbody out there can do anything about it.

 

well until now anyways a few of us MBNAers have expressed an interest in a multiple court claim against them for non compliance, we feel it would carry more weight against the judge, and he/her would have to take note (or atleast alot more likely to anyways).

 

we have to do something to try and stop this outrageous behaviour i think, and im up for it

 

Johnny

[Guest Battleaxe]

Progenic ,

 

Getting permission from the Court to bring a class action is a hurdle in itself. You need legal counsel and will have to fund this yourselves, because you cannot use the County Court for this type of action, it has to be done through the High Court. it is cost prohibitive as yyou need your legal fees and the equivalent of the fees of the other side in case you lose and costs are awarded.

 

To get a Judge to hear a block complaint, everyone would have to file individually at the same court and then again it is up to the Judge if he/she wants to handle it this way.

[dpick]

Hi Battleaxe can see you are busy so could you point me in direction of someone who may be able to help me

 

I have 3 claims to process.

 

1 with Halifax (happy I can manage this) dpick V halifax

2 with MBNA credit card dpick and mbna and capitalone will have to see about changing thread name to remove capital one part

3 with Capital one credit card. dpick V capital one

 

I would like to claim back compound interest (in same way they have charges interest to me)

Am fairly sure I have got my head round spreadsheets available through forum.

 

My main concern is that I am in debt management and both MBNA and capital one have frozen interest and charges on my cards approx 7 months so the statements I am getting now have interest = 0%

on them so question is can someone give me correct apr/monthly rate or should I use rate on last statement that had a rate on it

No great urgency on this I have to wait for first 3 years statements for both cards as only keep 3 years. sent SAR to both approx 1 week ago both signed for. When I do interest calculation I will calculate only up to date account interest frozen don't want them to be able to get claim thrown out by saying claiming interest not charged.

 

thanks for any help you can give will watch your thread

 

dpick:-x

[m55dlc]

Dpick

 

If they haven't charged interest on this for 7 months, you cannot claim for compounded contractual interest during that time. What you will have to do is calculate the compounded contractual interest prior to you entering the debt management agreement. Each month prior to the agreement you should then have charges listed, interest charged on charges to date then compound the interest. This is involved, and you may well not get this portion back (especially if you make any errors so be careful!).

 

Remember that the court process allows you to charge 8% anyway, so the charges issue can still show a 'return' on your investment! And, the 8% is still chargeable during the 7 months of 0% from them!

[Guest Battleaxe]

dpick,

 

Remember any money you get back could be viewed as 'windfall' and could be required to put into your debt management plan, so stick to the County Court Section 69 8% interest only.

[rosierose]

Getting permission from the Court to bring a class action is a hurdle in itself. You need legal counsel and will have to fund this yourselves, because you cannot use the County Court for this type of action, it has to be done through the High Court.

 

I was intrigued by this and decided to a bit of reading. I'd always believed that you couldn't bring a class action in this country. I was wrong. There's something called a Group Litigation Order that can be made at the County Court. Of course the ins and outs are beyond me yet, but it might be something to look at.

 

Rosie

[Guest Battleaxe]

Group Litigation Order - Wikipedia, the free encyclopedia

PRACTICE DIRECTION – GROUP LITIGATION - This practice direction supplements Section III of Part 19

 

This might help Rosie. I spoke to our legal eagle about a group action and it has to go for a Case Management and is usually a multi track hearing

[Rhia]

Have we checked with the Bar Council. they have a number of counsel who will take up cases ona voluntary basis. I also understand that Carter-Ruck the renowned Human Rights and libel lawyers will occasionally act on a no win no fee basis.

There are Human Rights issues with MBNA and also defamation/Libel as they are defaulting people without the correct procedures. BA I'll talk to you about this tomorrow.

It's gone beyond just debt issues with these people. I have also heard the US puppetmasters of these European arms of MBNA, Citi, Cap One etc are furious about this peasants revolt of the Brits.

They appeared to think they could drop into the UK and wipe up. And they almost pulled it off.

[Guest Battleaxe]

Rhia,

Thank you for this. No win no fee generally involves a very expensive insurance policy, I know this from experience and I am not prepared to go that route. it would have to be representation on a completely pro bono process.

 

Sadly if they are doing it on a completely free basis you get very junior counsel (maybe I am doing a dis-service to legal fraternity on this one).

 

I have checked with a certain legal firm and they advised it would have to be funded one way or another to cover costs. This firm was referred to me and after a discussion and two telephone calls back, one from the senior partner, while they checked. it's not to say there are are not firms out there, but I think by tackling the FSA with a mass complaint we just might put a thorn in MBNA's side.

 

defamation and libel are another matter.

 

Remember Libel, is the written word publically and defamation is the spoken word publically. Another can of worms. Onus of proof is on the claimant.

[redsue]

Hi Battleaxe

just wondered how your getting on hun

I've just CCA'd MBNA for a A&L credit card going back to 1992!

oh what joy

[Guest Battleaxe]

Hi Redsue,

 

Just sitting tight and watching my CI grow by the day. I am waiting for MBNA to make the next move and then I am on to them like a ton of bricks. They haven't moved because they know whatever they offer isn't going to be enough and if we go to court they will have a precedent set, so the A & L cc is earning me money while we sit and wait.

[progenic7]

Hi BA,

 

so wahst ahppening with your mbna claim, is there still issues over s85 ? and is this s85 thing part of your monetary claim ?

 

the whole CCA "issue" has done my head in, knowone seems to know for sure anything about it, but everyones keeps saying that they are going to get loads of money from it

 

anyways keep up the pressure hun.

 

my MBNA LBA is in (not posted though, im doing something quite different and want it kept quiet for now) the deadline is 4.4.07 and then N1

 

Johnny

[Guest Battleaxe]

Johnny,

 

I have to admit life has overtaken me somewhat of late, I am letting sleeping dogs lie and let MBNA take me to court, then I will unleash the hounds with two counter claims both with CI. Section 85 and the unlawful charges.

 

Sadly not so with Crap One, they will feel the full fury next week after the weasel worded letters we got from Mr Udy today, but I will save that for my other thread.

 

I hope the MIB take notice.

[Guest Battleaxe]

Life throws some curved balls, but never mind I have to refocus my mind on the fight with MBUSA.

 

letter arrived Monday while we were at the hospital.

 

It is headed important changes to your credit card terms and conditions.

 

Excuse me didn't they tell us the card can no longer be used?

 

Here is the best bit, the interst rate from May 2007 will be 2.2071%. of course all of this is on A & L letterhead and signed by Andrew McLaughlin, Director of Customer Marketing (now in bold font, maybe they are getting more inportant than us these days).

 

It goes on te tell us we can service our credit card account on line

 

I have also noticed small font bottom left hand corner is RAL001/AL02/M3A and our address is bar coded. Might have it scanned at tesco's and see what it is worth. LOL.. if Corn's barcode is a can of beans, what ais ours?

 

There is a footnote.

PS It is possible that the account number on this letter may not match the account number on your statement and credit card, but we can assure you that both numbers refer to your account. your personal information showen in this letter cannot, on its own, allow fraudulent activity. (this is also in bold font)

[redsue]

Hi BA

hope your OH is not feeling too bad at the moment - I'm watching the other CCA and Corns thread with great interest.

 

Wondered if I could pick your brains (yet again) regarding A&L/MBNA - do you know when the A&L card business was sold to MBNA?

 

A CCA request for an ongoing A&L/MBNA card I've sent them runs out on Friday (will be 12 + 30 days) and I'm drafting my letter to them now - but the strangest thing is that I've just checked my credit report online with experian and they have the credit card as 'settled' back in 2003?!? I'm just wondering if this date ties in with the changeover.

 

keep up the good fight

x

[tamadus]

Hi BA

hope your OH is not feeling too bad at the moment - I'm watching the other CCA and Corns thread with great interest.

 

Wondered if I could pick your brains (yet again) regarding A&L/MBNA - do you know when the A&L card business was sold to MBNA?

 

A CCA request for an ongoing A&L/MBNA card I've sent them runs out on Friday (will be 12 + 30 days) and I'm drafting my letter to them now - but the strangest thing is that I've just checked my credit report online with experian and they have the credit card as 'settled' back in 2003?!? I'm just wondering if this date ties in with the changeover.

 

keep up the good fight

x

 

If I remember correctly the changeover happened in March 2003, but I'm happy to be corrected