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All MBNA Caggers Fight Against MBNA's underhand tactics


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I have been having a little fun with MBNA recently regarding a SAR which they have not properly responded to (see http://www.consumeractiongroup.co.uk/forum/mbna/160210-extortionate-interest-rate-after-3.html), so I went looking on the Information Commissioners web site to check up on my rights and found some interesting info that could become a big can of worms should we choose to open it ;-)

 

Personal information rights - Data Protection Act (DPA) - ICO

 

Check out the "Preventing automated decision making" and "Claiming compensation" links. They are rather interesting with regards to MBNA since it seems they have been making decisions about who to screw over based on patterns in their spending and ongoing updates to their credit file - most definitely "automated decision making" which may count as being unfair. That combined with Unfair Terms regulations and other legal breaches MBNA may have done could give us a major stockpile of ammo!

I wonder if MBNA are the new Enron :roll:

 

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I have been having a little fun with MBNA recently regarding a SAR which they have not properly responded to (see http://www.consumeractiongroup.co.uk/forum/mbna/160210-extortionate-interest-rate-after-3.html), so I went looking on the Information Commissioners web site to check up on my rights and found some interesting info that could become a big can of worms should we choose to open it ;-)

 

Personal information rights - Data Protection Act (DPA) - ICO

 

Check out the "Preventing automated decision making" and "Claiming compensation" links. They are rather interesting with regards to MBNA since it seems they have been making decisions about who to screw over based on patterns in their spending and ongoing updates to their credit file - most definitely "automated decision making" which may count as being unfair. That combined with Unfair Terms regulations and other legal breaches MBNA may have done could give us a major stockpile of ammo!

 

More Bullsh** from None Accountables.

 

Next Enron's? Next Moron's.

 

Bye bye MBNA, we miss you. What are the visiting hours in jail?

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Lol alis! I think it could be fun to create one of those email chains which specifies at the top why MBNA are being targetted by consumers and then offering up some suggestions as to alternative acronyms. Fire it off to everyone you know, being careful to put them in as Bcc's rather than CCs and including that in the instructions, and seeing how far each of the chains goes.

 

Eventually it could be one of those popular emails that extends all over the world and tells everyone what a bunch of theiving numpties they really are.

 

Just a thought......

I wonder if MBNA are the new Enron :roll:

 

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Lol alis! I think it could be fun to create one of those email chains which specifies at the top why MBNA are being targetted by consumers and then offering up some suggestions as to alternative acronyms. Fire it off to everyone you know, being careful to put them in as Bcc's rather than CCs and including that in the instructions, and seeing how far each of the chains goes.

 

Eventually it could be one of those popular emails that extends all over the world and tells everyone what a bunch of theiving numpties they really are.

 

Just a thought......

 

Sorry, fleece, think no can do, too chain mail for my liking. However, MBNA could stand for

 

Malicious Bankers of North America :)

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Hi all

 

Very new this forum, but have been battling with a number of CC companies including MBNA who have blatently ignored all my wifes letters under s78 cca and now a cpr request, both for signed agreements. now have got the issue of global vantedge ringing 3 - 4 times a day. complaint made to mbna (twice) with no acknowledgement. Now escalated to FOS. anyone had any similiar dealings, got any ideas on where to go from here?

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hi bigmac:)

 

Unfortunately everyone has had similar dealings with MBNA and the pondscum they use for collections.

 

For the agreement I'd give an S.A.R a go - I know you've cpr'd but there's no harm in chucking something else at them.

 

Who did you complain to at MBNA? If it was just their general minions in customer service you're quite lucky that you didn't get a reply, as if you had it would in all likelihood have been patronising waffle about how they 'need to keep phone lines open for communication' or something equally trite.

 

I'd give it another go but address it to Gail Powell (one of the VP's), as she may well give you the same codswallup, but end it with 'as a gesture of goodwill we will ensure you are only contacted by mail' etc etc.

 

For the DCA, you could pick the bones from these ones which have worked for me...

 

Please note:

 

1) you have yet to respond to my legal request under the Civil Procedure Rules for information, which you received on March 9th . This was sent to you (along with a copy of my letter to Anne Gartshore at the Bank of Scotland) following your last threat of instigating court proceedings, received by me in February. Your lack of response has been duly noted.

 

2) your 'client' the Bank of Scotland has neglected to inform you that this account is unenforceable at law.

 

3) your 'client' the Bank of Scotland has neglected to inform you that this account has been unlawfully terminated on the back of an ineffective default notice.

 

4) the Bank of Scotland holds a letter from me denying access to any 'doorstep callers'. This prevents you from legally sending anyone to my home.

 

5) the Bank of Scotland holds several letters from me requiring all phone calls to cease and any correspondence to only be in writing. It is my legal right to do this, and yet you have phoned on many occasions. Do not call again.

 

As you are the Bank of Scotland's in-house debt collection agency you will have full knowledge of and access to information regarding all the above, and as such I am not going to waste my time going over the details again. Your letters are full of empty threats that you can not follow through with, are intended purely to cause stress and worry in the recipient, and are in blatant disregard of OFT guidelines on debt collection. Do not write again.

 

I trust this outlines my position clearly.

 

Yours faithfully

 

I am in receipt of your letters of the 27th August and the 15th September, and have noted - and recorded where applicable – times and dates of all phone calls from your company over the past few weeks (including silent messages and messages that do not state who you are – both contraventions of OFT debt collection guidelines).

 

Quite apart from the fact that I have not had any form of a Notice of Assignment (or similar) to inform me of your involvement, I find it odd that I have received these communications from you considering I received only last month letters from Blair Oliver & Scott stating that they were now dealing with the account.

 

It is apparent that whoever passed this to you has neglected to mention the numerous problems associated with this account, not least that there is no agreement relating to it and that it has been unlawfully terminated.

 

I have enclosed a copy of the letter I sent to BoaS as I will not explain it to yet another third party whose involvement in this matter breaches many OFT debt collection guidelines. While the first two paragraphs are not relevant to you, the rest of the letter is, so please assume everything else in that letter also fully applies to your company.

 

Notwithstanding all of the above you will of course be aware I have absolutely no intention of paying money to you, or anyone else who can not prove they own the alleged debt, or indeed that I owe it.

 

The only further correspondence I expect to receive from you is acknowledgement you are not pursuing this and have passed my details back to HBOS.

 

Remove my phone number from your dialling strategies immediately, remove my details from your files immediately, and do not contact me again in any way other than as detailed above.

 

I trust this outlines my position clearly.

 

Yours faithfully

 

The first one was to BOaS, who went very very quiet, then good old Robby Way turned up so I sent them the second one, enclosing the first (which I have removed the first two paras from as they don't relate to your issue at all). They have stopped calling too.

 

If you just amend them to suit, it may help:) It's worth a try at any rate;)

 

Oh, and I'm sure you are already, but I'll just make sure you know to send EVERYTHING by recorded/special delivery, otherwise they have a nasty habit of getting 'lost'. MBNA denied receiving four letters I sent in a short space of time. Trouble is they denied getting them after I'd had my SAR back which included the letters, stamped at their offices. And I had the tracking codes to say they'd been signed for:rolleyes:

Time flies like an arrow...

Fruit flies like a banana.

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hi bigmac:)

 

Unfortunately everyone has had similar dealings with MBNA and the pondscum they use for collections.

 

For the agreement I'd give an S.A.R a go - I know you've cpr'd but there's no harm in chucking something else at them.

 

Who did you complain to at MBNA? If it was just their general minions in customer service you're quite lucky that you didn't get a reply, as if you had it would in all likelihood have been patronising waffle about how they 'need to keep phone lines open for communication' or something equally trite.

 

I'd give it another go but address it to Gail Powell (one of the VP's), as she may well give you the same codswallup, but end it with 'as a gesture of goodwill we will ensure you are only contacted by mail' etc etc.

 

For the DCA, you could pick the bones from these ones which have worked for me...

 

 

 

 

 

The first one was to BOaS, who went very very quiet, then good old Robby Way turned up so I sent them the second one, enclosing the first (which I have removed the first two paras from as they don't relate to your issue at all). They have stopped calling too.

 

If you just amend them to suit, it may help:) It's worth a try at any rate;)

 

Oh, and I'm sure you are already, but I'll just make sure you know to send EVERYTHING by recorded/special delivery, otherwise they have a nasty habit of getting 'lost'. MBNA denied receiving four letters I sent in a short space of time. Trouble is they denied getting them after I'd had my SAR back which included the letters, stamped at their offices. And I had the tracking codes to say they'd been signed for:rolleyes:

 

Well done, as a relative newcomer you are learning quickly.

 

Firstly, remember that collections departments and DCAs are a breed of their own. They act outside of the law and they want to intimidate you as much as possible so that you give in, even if the debt is not collectible. They will lie and break the law.

 

They get away with it for several reasons.

 

Firstly, most people do not complain, because they do ot know how to.

 

Secondly, the regulatory bodies are quite weak, they don't really punish them, so they just do more of the same.

 

Finally, they work on intimidation, to make you feel bad about yourself and your life.

 

I have many examples in my own cases of lying and cheating by them.

 

So, what do you do?

 

Do a CCA and a SARS and they usually do not respond in a timely manner. That puts them in dispute, then they cannot add on interest or ask for payments, etc.

 

Have a good read of the forums ere, it is time well spent.

 

In my experience, they usually drop themselves in it in the end.

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Thanks for the replies guys.

 

The complaint to MBNA went to the complaints dept for not responding to the CCA req. I have waited the statutory time scale within which they have to acknowledge the complaint (FSA regs) and have recieved nothing. I cannot believe that this company is able to operate this way. I used to be a compliance officer for the largest sub-prime mortgage broker in the country (moved to compliance after being appalled by sales practices of other mortgage advisors within the company) and am well aware of the requirements all FS companies have to adhere to (or should do), yet it appears if they put their fingers in their ears and say "la la la la" I will go away! what would you do if cca request and cpr request have drawn a blank?

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I have made lots of CCA requests and it appears by a majority of the responses that the CC companies seem to be using a loophole of their own within the act) that allows them to send blank agreements with separate terms. By doing so it appears that they are actually conforming to the act without actually giving you the document you actually need. Hence why I went down the road of CPR not CCA. So frustrating!

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I have made lots of CCA requests and it appears by a majority of the responses that the CC companies seem to be using a loophole of their own within the act) that allows them to send blank agreements with separate terms. By doing so it appears that they are actually conforming to the act without actually giving you the document you actually need. Hence why I went down the road of CPR not CCA. So frustrating!

They have convinced themselves that it is a loophole, but of course it is not.

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hello pompeyfaith

how are you? havent been here for a while, the health probs kicked in past few months but im back with gutso now lol

 

i really will take time out to catch up with where you are with your thread but wanted to say hiya for now

 

keep happy everyone laters angel x:cool:

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Hiya Angel,

 

Alls ok with me apart from a bad bout of the flu not sure if it is the swine variant yet though will have to see how it goes over the next few days.

 

Thank You for looking in

 

Regards

 

PF

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Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Hi,

 

Sorry to butt in, just subbing as I keep losing threads.

 

Am about to create a new thread as am in over the proverbial with MBNA so would appreaciate any advice.

 

PF - been reading a lot of the info you have put on here, thanks. :)

Edited by Bosund

Please note: I have no formal qualifications in this area and any advice offered is given in good faith. :)

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Hi,

 

Sorry to but in, just subbing as I keep losing threads.

 

Am about to create a new thread as am in over the proverbial with MBNA so would appreaciate any advice.

 

PF - been reading a lot of the info you have put on here, thanks. :)

 

Bosund, if you look at the top of the screen, you will see a blue bar with

 

USER CP FAQ CALENDAR NEW POSTS SEARCH QUICK LINKS & LOG OUT

 

If you click on the User CP button when you log on, you will see a list of all the threads you have posted on (subscribed to) and also those you have started yourself. If you click on the NEW POST button that will show you all the posts that have been made with the more recent being at the top.

 

HTH:D

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Well tonight I sit here writing this with a big smile cheek to cheek as clearly MBNA are seeing a big dent in there balance sheet :D with the amount of wins being achieved.

 

Well Done All

 

I think we should now have an MBNA FAN CLUB where all winners can post details of there wins this would be of great encouragement to all mbna caggers starting out.

 

By all means still post you win in your own thread then just copy and paste the details into this new one.

 

It will also serve as an easy reference as to how many MBNA cases are being won without searching the forum.

 

Well Done All

 

Regards

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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