Mbna Nightmare!!!!

[ladybird17]

not convinced how legal telling them to get stu**ed is!!

[Guest Battleaxe]

Well maybe not get stuffed, but there has to be another legal descriptive turn of phrase telling them the same thing. I doubt if they know the word I am thinking of, and for sure a MOD will jump on me if I use it. The legal terminolgy and check out the law books if you don't belive me is For88888ion under consent of the King. This is the terminolgy used from William the Conquerer through to today.

[Cornucopia]

not convinced how legal telling them to get stu**ed is!!

 

Hello Bird! You make me laugh!

 

What's your take on this hun, with the agreement and the letter, is it worth me posting it for the learneds on the CCA thread?

[ladybird17]

i need to go back & read through your thread again. Have just sent my stuff to BA for FSA Mass complaint, so will have a read through this thread again now.

[Cornucopia]

i need to go back & read through your thread again. Have just sent my stuff to BA for FSA Mass complaint, so will have a read through this thread again now.

 

That's great hun, thanks, I have got the right bloody hump today!!

 

Don't read it all, far too much just the last couple of pages regarding the "agreement" from MBNA and the letter from Eversheds.

 

[ladybird17]

I can't read it all anyway Corn as I've got to go out shortly.

 

Have you got any further with Mr.C's agrement that doesn't appear to be an agreement? I'm certain that it's a copy of a mailer if it's got a bar code on it.

 

I think I might be looking at taking them to court for non-compliance - this is getting ridiculous now. There's something, somewhere from Rhia or Rosie about this type of thing, I will have a search around when I get back. Speak later.x

[Cornucopia]

I can't read it all anyway Corn as I've got to go out shortly.

 

Have you got any further with Mr.C's agrement that doesn't appear to be an agreement? I'm certain that it's a copy of a mailer if it's got a bar code on it.

 

I think I might be looking at taking them to court for non-compliance - this is getting ridiculous now. There's something, somewhere from Rhia or Rosie about this type of thing, I will have a search around when I get back. Speak later.x

 

That's OK hun, really didn't expect you to, I just wondered what you thought.

 

No more news re : agreement, it really is crap though and I have found something out that I won't put on the board at the moment!

 

It's actually the application form that has a barcode mysteriously appear on it. The previous two copies they sent me doesn't have it! Very strange. Stan was flummoxed by that one too. Rhia's aware of the situation as is Battleaxe.

 

I think I will post this on the CCA thread as all opinions will be useful!

 

Catch up later as I have to go and get myself ready for Peter Stringfellow, Rhia has admitted to me that she fantasises about him :o so it would be rude of me not to try and get a picture of him in his thong.

 

Honestly, some people......!!!

[ladybird17]

thongs aren't what they used to be!!

 

Have a GREAT time - I'm going out wth some friends to the local curry house - I'll let you know if I spot anyone famous there!!

[Cornucopia]

thongs aren't what they used to be!!

 

Have a GREAT time - I'm going out wth some friends to the local curry house - I'll let you know if I spot anyone famous there!!

 

Not on him they're not!!!!:o

 

Thank you very much! Am about to start process of making myself beautiful for tonight, that'll take several hours, I can tell you!

 

We're going to the Sanderson first for drinks, so hopefully a bit of star spotting there too!!! I am sure it won't be NEARLY as exciting and action packed as your curry house though!!!

[angry cat]

 

No more news re : agreement, it really is crap though and I have found something out that I won't put on the board at the moment!

 

It's actually the application form that has a barcode mysteriously appear on it. The previous two copies they sent me doesn't have it! Very strange. Stan was flummoxed by that one too. Rhia's aware of the situation as is Battleaxe".

 

I have a feeling that the dubious little ole charmers used to send out a letter prior to issuing their CC's:-

with wording like

"I'm delighted to tell you that your application has been accepted for a Silver Card. We have reserved your Silver Card for you. Simply sign the form below and we will send out you Silver Card to you. Return the slip attached".

 

Of course, it now appears as though the MBUSA'S are attempting to deceive by sending the small 'form or slip' to us in response to a s78 CCA request and yes, it does have a barcode!!

A breach of s59 methinks and...there is no credit limit shown on the small form or slip.

 

Very Dodgy, Cowboy Dirty Tricks-

MBNA your not in the good ole USA, this is little ole England and...we Brits are not dumb.

 

Love AC

[Tartanscouser]

Phew just spent the last 2 and half hours reading this thread. I believe you are doing a fantastic job in trying to stick it to MBNA. I have just started my battle with them to get charges back. I gave up communicating with them some time last year after 3 to 4 years constant harassment via telephone,and mail. I would be tempted to just get your court papers prepared and get a summons issued against them now. It's the only thing that they seem to understand.

 

Whatever you decide I wish you well. I shall tune in every day for further updates.

 

Go girls.

[Cornucopia]

Phew just spent the last 2 and half hours reading this thread. I believe you are doing a fantastic job in trying to stick it to MBNA. I have just started my battle with them to get charges back. I gave up communicating with them some time last year after 3 to 4 years constant harassment via telephone,and mail. I would be tempted to just get your court papers prepared and get a summons issued against them now. It's the only thing that they seem to understand.

 

Whatever you decide I wish you well. I shall tune in every day for further updates.

 

Go girls.

 

Hi Tartanscouser! Welcome to my thread! Can I take a wild guess and assume you are a Scot in Liverpool or vice versa? Or maybe I am being too obvious!!!

 

Thank you for your lovely post, please do join, the more the merrier, however, if you are having MBNA probs, set up a thread and detail your complaint so we can help you further! Anyway, it is always good fun on here when we've had a drink or are talking about films!

 

Right peeps, OMG, how bleeding disappointing was The Ivy last night????!!! We drew up in limo's, got waited on hand and foot and ended up in what looked like TGI Friday's poorer brother! What was that all about????? Not a celeb in sight although we did get excited when we thought we saw Tricia from Heartbeat () but it was in fact not. I would have been happy to have seen Peter Stringfellow frankly!!! Food was SO average I was shocked. When you go to the loo you have to wait for the occupants to finish snorting and you only know this because they don't flush the loo and come out rubbing their noses (I do hope I am not being slanderous here!). Oh and the amount of high street dresses, which is fine, but when you hear people turning their nose up at a 50 quid bottle of wine just to get everybody's attention but they are wearing a Primark Dress that costs 8 quid, well it was all I could do to not stand up and shout out "PRIMARK"!!!!! LOL!!!!!!

 

Firstly we went to the Long Bar in the Sanderson. Now bear in mind I work in the City and love a good night out and have been to some lovely places, but this place, OMG, all the mags say it is exclusive, but it is just a bit long bar that is white and it is FULL OF CHAVS. Not only chavvy but WAG chavvy. Mr Corn got hit on by a gay guy who couldn't get the message that he was married (should be grateful for having such a man magnet I guess ). My poor Dad nearly had a seizure!!

 

I am pretty sure that Bird had far more "Hello" moments in her curry house!

 

We did have a good night though and at 3 o'clock this morning I was educating my brother on the virtues of CAG......so not all bad!!

 

Lots of love from me and I'm going to bed........xxxxxx:D

[ladybird17]

oh blimey I've been waiting ALL day, and you come on & tell us it was crap, and then you go to bed!!

My curry was good though;)

[Rhia]

Have to say I thought it was over-rated when I went there. Hey ho you have to try these things. Last big name place I went to was St Martin's Lane (the Light Bar- for a pre-Christmas drinks party). Me and my mate thought that was awful soooo minimalist it was like a shed. Someone asked for a glass of champers and it was £15 and the loos were all panelled in wood. You couldn't see the doors as the entire wall was one panel and I ended up groping the doors to find the join and ultimately the handle...picked up the red tops in January and Ewen McGregor had held his Burns Night do there and they were all there including the McCartneys (no not the almost ex Mrs Macca although that might have been fun a punch up). Apart from that it's rubbish.

Pleased dad had a great night out though Corn...you sure know how to party. BTW I have some good new info for you and will e tomorrow...Night all...

[stan5131]

Well guys....... Ive just been down to Tesco's and had the bar code on Corns agreement scanned and GUESS WHAT!!!!!!!

 

Tin of beans!

[Perseus]

Arse away hun! Now can you two stop arguing and listen to me!!!

 

Hi M, it is difficult to say anything about this really, there is a small reference on one of the pages of T&C's that says AACG 12/03 (this card was taken out in 96, I am only guessing that this is a date reference), there is also a reference code on the application form and the "credit agreement", without giving too much away, the number match except for the last two, the application ends with 32, the "agreement" ends with 22. I seriously think they have cut and suffled somebody else's agreement here and tried to pass it of as Mr Corn's.

 

I think I will write and say that this is an obvious forgery, ask them to explain why they have blanked out certain pieces of information when it is supposed to be Mr Corn's agreement and why it has been done in such an amateur fashion. Also, where are the signatures that are both supposed to be there?

 

M, could you email me with how you have dealt with this, I would be very grateful for some pointers, I am hopping mad.

 

Of course, I have no statements to compare any of it to because they will not comply with my SAR (although hopefully that will be resolved as I have filed at CC).

 

Thanks for help hun, I need some soothing of my furrowed brow!!

 

 

Hey darlin, been doing some research.

You might want to have a look at this http://www.lawcom.gov.uk/docs/lc276bill.pdf - and look at section 2!

There's also this Fraud Act 2006 - WikiCrimeLine if you read the qualifying notes in 'Commentary' section 2!

 

It seems relevant, applicable and almost definitely useable.

 

You could also use the Misrepresentation Act 1967, and I'm trawling through it to find an appropriate section/clause.

 

I'll come back with something I'm sure.

 

Sorry to hear your night out was a bit of a washout, at least you got a ride in a limo!

 

P

xxxxxxxx

[Cornucopia]

Well guys....... Ive just been down to Tesco's and had the bar code on Corns agreement scanned and GUESS WHAT!!!!!!!

 

Tin of beans!

 

LOL!!!! And there was me thinking it would turn out to be a set of mugs!!!

 

xxx:D

[Cornucopia]

Hey darlin, been doing some research.

You might want to have a look at this http://www.lawcom.gov.uk/docs/lc276bill.pdf - and look at section 2!

There's also this Fraud Act 2006 - WikiCrimeLine if you read the qualifying notes in 'Commentary' section 2!

 

It seems relevant, applicable and almost definitely useable.

 

You could also use the Misrepresentation Act 1967, and I'm trawling through it to find an appropriate section/clause.

 

I'll come back with something I'm sure.

 

Sorry to hear your night out was a bit of a washout, at least you got a ride in a limo!

 

P

xxxxxxxx

 

HELLO STRANGER!!! I've missed you! How are you??!!

 

Thank you for that, will have a good read through later, I have so many letters to type today!

 

I know this is not to do with MBNA but my Goldfish thread, but I had the weirdest letter from Goldfish today, what do you guys think of this line :

 

"Please note, we will not reimburse interest on these amounts as Goldfish allocate your payments to pay off charges before other balances, therefore, you will not have incurred interest on these charges".

 

A new tactic I think?!!! How odd! I can't see anywhere on my statements where the charges haven't incurred interest, I think I will ask them to prove that.

 

I thougth I might just post that here in case MBNA or others start trying to come up with that one!!! LOL!

[ladybird17]

Ah, back in the land of the living then Corn!

 

I still haven't got agreement from MBNA - sent them stinky letter on Saturday - like you told me to.

 

Also have 5 days to go on LBA with HSBC and then hey ho, hey ho, it's off to court we go.

[Perseus]

2 Fraud by false representation

(1)A person is in breach of this section if he—

(a)dishonestly makes a false representation, and

 

(b)intends, by making the representation—

 

(i)to make a gain for himself or another, or

 

(ii)to cause loss to another or to expose another to a risk of loss.

(2)A representation is false if—

(a)it is untrue or misleading, and

 

(b)the person making it knows that it is, or might be, untrue or misleading.

(3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of—

(a)the person making the representation, or

 

(b)any other person.

(4)A representation may be express or implied.

 

(5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

 

It may look a little broad in sub sec 5, but the body of it covers a representation made with the intent of making financial gain/causing you financial loss (by ensuring that the agreement is tailored to suit that purpose).

 

I might be something to look into?

 

Maybe

P

xxxxx

[m55dlc]

Pers

 

The whole fraud angle is a little bit out of our league here. We can mention it, but I think if you stray too close to using it you'd better be 100% sure of your facts. You're straying into the black hole pit of defending a claim here, and they've got more cash than we have - so they'd win!

[Cornucopia]

Pers

 

The whole fraud angle is a little bit out of our league here. We can mention it, but I think if you stray too close to using it you'd better be 100% sure of your facts. You're straying into the black hole pit of defending a claim here, and they've got more cash than we have - so they'd win!

 

M, I hear you hun, but Tideturner on the CCA thread gave me a very similar quote to put, you are not accusing them but making them aware that you are au fait with the law.

[Perseus]

Pers

 

The whole fraud angle is a little bit out of our league here. We can mention it, but I think if you stray too close to using it you'd better be 100% sure of your facts. You're straying into the black hole pit of defending a claim here, and they've got more cash than we have - so they'd win!

 

Hi M - that's why I read the bit following, and thought it was very apt!

 

Fraud Act 2006

 

7 Making or supplying articles for use in frauds

(1)A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article—

(a)knowing that it is designed or adapted for use in the course of or in connection with fraud, or

 

(b)intending it to be used to commit, or assist in the commission of, fraud.

 

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

 

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).

(3)Subsection (2)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.

 

 

 

 

8 “Article”

(1)For the purposes of—

(a)sections 6 and 7, and

 

(b)the provisions listed in subsection (2), so far as they relate to articles for use in the course of or in connection with fraud,“article” includes any program or data held in electronic form.

 

(2)The provisions are—

(a)section 1(7)(b) of the Police and Criminal Evidence Act 1984 (c. 60),

 

(b)section 2( 8 )(b) of the Armed Forces Act 2001 (c. 19), and

©Article 3(7)(b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));(meaning of “prohibited articles” for the purposes of stop and search powers).

I know it's stepping on the realms of - oh my god, this is big boy stuff, but in theory they have used deceit/misrepresentation in supplying a falsified agreement to uphold and make financial gain from it!

The article is the 'adapted photocopy agreement', the person supplying would be MBNA's rep & Chief Exec Officer under joint liability of misrepresentation, and the act is supplying the article with the intent to fraudulently manufacture a binding contract.

I'm not saying that anyone should go forward to their County Court with an N1 for fraud, but is there another word for what they've done/are doing?

 

"Fraudulent misrepresentation (Derry v Peek) is when the representation is made with intent to deceive and with the knowledge that it is false. This is generally a difficult type of misrepresentation to prove but allows for a remedy of both damages and rescission. An action for fraudulent misrepresentation can also be brought as a tort. Fraudulent misrepresentation is capable of being made recklessly." From wikipedia

 

 

Lots of love

Square-eyed Perseus

[Cornucopia]

Pers, my little darling! You are an absolute star for doing this for me, thank you!

 

I am sorry I have been on the missing list, I am currently composing my letters and my sister in law is visiting (she is a Barrister) and we have been poring over all this, suffice to say she is extremely impressed with all of us and our spot on legal knowledge!!! She didn't know that half of this was available and she also does credit counselling for Citizens Advice! I am so glad to have shown her all of this!

 

Anyway, must shoot off, will be back tomorrow!

 

Thanks again Pers, I LOVE YA!!!!

 

xxxxxxx

[joneshousehold]

Corn, you know all the right people!