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Getting MBNA before they get Me!


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BRW

 

You might be interested in a minor victory I had with Barclays Partner Finance (formerly Clydesdale) in this respect http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/118161-clydesdale-financial-services-2.html#post1513896

 

You have several options IMO

 

1) provoke them into taking you to court and then wipe the floor with them

2) bring civil proceedings under ss5 (& 3) of the Protection from Harassment Act 1997, ss14 & 13 of the Data Protection Act 1998, s40 of the Adinistration of Justice Act 1970 and anything else you can think of

3) bring criminal proceedings under ss1&2 of the Protection from Harassment Act 1997 and s127 of the Communications Act 2003. This latter you can name names and, if found guilty, the name could get 6 months and/or a hefty fine. This could have tremendous potential pour encourager les autres

 

Actually, you could probably do 3) and then 2) as well

 

I think that Barclays' prompt response to my letter is because they realised that the threat of criminal action was real and the chances of success high.

 

 

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I don't know if you have seen this RICHARD DURKIN v. DGS RETAIL LIMITED+HFC BANK PLC, 26 March 2008, Sheriff J K Tierney As judgements go it makes great reading (the maths is pretty good too) - it relates to damages for loss of credit rating :D

 

It a Scottish Sheriff's court case so it doesn't set a precedent but it could be used fot information/guidance in another case.

Edited by steven4064

 

 

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HELLO BRW

 

Hey you dont seem your normal self today:( dont let the Ba****** grind

u down .

You are an insperation to us all and have done so well for yourself and

in your none stop support to others .

 

You seem to be getting far more grief from them than me , i have not had any calls from them for about a month now:o

When did you start with them icon5.gif mine was just after Xmas .

I have had a letter today from LLoyds about my card demanding full

payment :o or else , will work on that tonight but weekends are my

busy time so will see another daylight come up.

 

keep smiling :lol:

T99

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Hello BRW,

I told you I would keep an eye on your claims..:cool:

 

What alanalana says is perfectly true (it is effectively what the Data Protection Act says). Getting them to comply though (ie being adamant) can be extremely hard work.

 

I can confirm the above to be totally true just look at my thread and the problems with RBS Tankers sorry replace the T with a W

 

Keep up the good fight BRW/ Silver back :grin:

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Hello BRW again.

 

I am in much the same postition MUM failing fast 83 and a dad much the same. at 86 It's a tough life and you have to try and cope and press on.

 

I hope things get better for you and your family I know what you are experiencing and it is difficult in fact sometimes almost impossible to deal with.

 

My best wishes are with you BRW

 

 

keep up the fight

 

aa

 

PS enjoy your abbot or two

 

PPS point steven 4064 in my direction I could do with a bit of help thank you

 

PPPS BRW

 

I think you give MBNA too much credit! (not the sort of credit defined in CCA74) :wink:

 

Their admin is a complete shambles.

They are anatomically challenged - a*ses and elbows are a complete mystery to them.

Much B*llsh*t No Agreements

Muppet Bankers Numpty Administrators

(I'm sure there are many other 4 letter acronyms we could come up with)

 

Now this guy has the handle on the whole situation

 

Massive Bonus No Assistance

Just to add to the list

aa

Edited by alanalana

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Hey BRW,

 

this is where I got the information on one of your queries in post

 

How to satisfy subject access requests | OUT-LAW.COM

 

this is ref that can ask for everything and as you stated keep 300 to 400 people full time looking for all the info.

 

enjoy your beer

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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BRW I will give him a PM to see if he is happy with my blatant disregard for the law!!!!

 

got a reply for my complaint to the world from the FOS will keep you posted.

 

have a nice weekend

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Hello BRW,

 

we have stuff in common then, sorry to hear about your dad. I have all that stuff to face. I am 58 so had a long time with them but is scares the s..... stuff out of me to have to face the inevitable loss,

 

Any way pal keep up the fight and stay linked so anything I find I can pass on to you

aa

 

PS how do you get your own personal moderator???

 

and you are not ex RN by any chance mentioning a yard arm?

 

AA

Edited by alanalana
text added

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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I now have a lovely mental picture of call-centre drones popping like fireworks all over the place!

 

BRWW - remember - 'in your own time - watch and shoot' and 'targets WILL fall when hit' sums up your approach quite nicely (Yes I'm an ex-squaddie as well!) ;)

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Hello again

 

The only consulation is WE KNOW NOW :D

we just need to tell the other zillion zillion people

 

I would not take any more credit its just not worth the hassel

even if some cc company did want to give me some NOT.

and wont be happy til its all sorted out sometime in the next

500 zillion years .

HAVING AN EARLY NIGHT

 

cheers T99

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  • 2 weeks later...

Hello BRW

 

how you doing you have been very quiet of late hope your ok:?:

 

have been busy with British Gas over on Utilities they need a bomb

to shift their a**

 

well hope to hear from you soon

take care

T99

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Hello you

 

glad to see your still on the ball:cool: you seem to be a bit ahead of me

but only just , like you have been looking seeing what has happened

to others after doing a or b .

time as you say is what we need so think think think before action;)

well im off to bed had enough for one day

sleep tight

T99:)

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Hey BRW,

 

and a little snippet for you from one of my links I am not certain if this is already posted but this is the snippet...

 

The Administration of Justice Act 1970 S.40 makes it a Criminal Offence for a creditor or a creditor's agent (often a debt collection agency) to make demands (for money), which are aimed at causing “;alarm, distress or humiliation, because of their frequency or publicity or manner”. Equally, a creditor will be committing an offence if they falsely imply that non-payment of the debt will lead to criminal proceedings; or the creditor pretends to be someone they are not e.g. a court official or bailiff. It is also an offence to send a person a document which looks like it has been sent from a court

 

and this is the link

Administration of Justice Act 1970 (c.31)

 

page 5 part V section 40

 

hope it helps you

 

aa

Edited by alanalana
text added and amended

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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I love it unlawful harassment:D

 

BRW I know what you mean with the mexican standoff.

 

Out of 9 creditors only 3 have provided kosha agreements, for the others who I have disputes with one ppi or another, they have not produced it, they have threatened instant death if I do not pay them, and this has been going on for a year. No court proceeding as yet, even after I asked them too. So will have to wait and see if they dare, good defence and counter claim at the ready.

 

One company who did instigate legal proceedings, before my education, with a pre-contactual application form with no prescribed terms, did not even turn up, stating the debt had been sold to a unknown 3rd party:confused: Can't wait to hear from them:p The judge order the case struck out:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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