Mbna Group Question

[mrxxxmas]

good evening people, i have just spoken to global for the second time, i was receiving loads of telephone call from them, so in the fisrt conversation with them, threatened to send harrassment letter, reguarding calls, i eventually spoke to someone in supervisory roll, and she "sasha crawford" assured me the calls would stop, and guess what, they did no calls for a week, i also told her i was dealing with mbna them selves, and i wanted no further contact with them, today i received a letter, usual one, mbna values your... blah blah

so i rang just now, and spoke to "danny joseph" (where are they getting these names from, everyone knows there in india) and he apolagised for the letter it was sent on 02.03.07 and the computer didnt know there was a "no further contact" request, he said it wont happen again, yeah right, but maybe we'll see, but i did remind him of the data protetion act in this country and that mbna had acted inapprotriatly in giving them my personal details, especially abroad, i will be sending CCA and DPA SAR on monday only had card for about six months, and was made redundant early jan, i cant wait to see the aggreement, i applied for the card over the internet, first i knew i'd got it was when two other cards had sent letters thanking me for payment in full of accounts, i've never seen any agreement, let alone signed one, all the best...

 

mrxxxmas

 

all coments and help gratefull, lets fight for our rights

[Cornucopia]

good evening people, i have just spoken to global for the second time, i was receiving loads of telephone call from them, so in the fisrt conversation with them, threatened to send harrassment letter, reguarding calls, i eventually spoke to someone in supervisory roll, and she "sasha crawford" assured me the calls would stop, and guess what, they did no calls for a week, i also told her i was dealing with mbna them selves, and i wanted no further contact with them, today i received a letter, usual one, mbna values your... blah blah

so i rang just now, and spoke to "danny joseph" (where are they getting these names from, everyone knows there in india) and he apolagised for the letter it was sent on 02.03.07 and the computer didnt know there was a "no further contact" request, he said it wont happen again, yeah right, but maybe we'll see, but i did remind him of the data protetion act in this country and that mbna had acted inapprotriatly in giving them my personal details, especially abroad, i will be sending CCA and DPA SAR on monday only had card for about six months, and was made redundant early jan, i cant wait to see the aggreement, i applied for the card over the internet, first i knew i'd got it was when two other cards had sent letters thanking me for payment in full of accounts, i've never seen any agreement, let alone signed one, all the best...

 

mrxxxmas

 

all coments and help gratefull, lets fight for our rights

 

Hello mrxxxmas, welcome to the MBNA forum! Could I just say, you need to start your own thread regarding your case, just mrxxxmas vs MBNA will do and repost your post, the reason I say this is because this thread has been started specifically as an information gathering exercise for all us litigants and you might not get the information you will need for your case on here!

 

But as you are here for now, I suggest you issue a SAR, however, your account is fairly new and I would expect them to be able to come up with a true agreement. Have you actually ever signed anything? Are you getting help with sorting the debt out? Start your thread and cut and paste your post and we can help answer your questions!

 

Kind regards

 

Sorry, just noticed you said you hadn't signed anything, will prob be in your favour now go and start that thread!

[mrxxxmas]

no signed nothing, and sorry to post to the wrong place, newbie

mrxxxmas

[progenic7]

OK i have looked into it and from as far as i can tell under the scope of the samll claims court a claim involving multiple claimants is ok and can be dealt with in the court.

A typical example of a case with multiple claimants would be a bad holiday case where they may be two or more families involved, but like i said as far as i can see it would be ok to do this.

It may well mean that one or two people from the group be the front men (if you like) on behalf of the other claimants.

I will ring the court on monday morning and have a chat with the manager there and see what he thinks about this.

 

Is there anybody else that would be interested in making a claim on mass with MBNA ?

[Cornucopia]

no signed nothing, and sorry to post to the wrong place, newbie

mrxxxmas

 

No no!! Don't be sorry, I just want you to be in the right place for your case! Do you need some help starting a thread? If you go to the MBNA forum page, it says nearish to the top "start new thread", click on that and give yourself a title and then cut and paste what you put on here and stick it in there. Keep it updated with what you do and you'll get loads of support and responses! We are a proper loved-up forum!

 

It is positive that you haven't signed an agreement, I wonder how internet applications are covered by the Data Protection Act? I am not sure we have come across this one before! Could be VERY interesting!! Please start that thread Mr!!! This could be a new take for us!!

[Cornucopia]

OK i have looked into it and from as far as i can tell under the scope of the samll claims court a claim involving multiple claimants is ok and can be dealt with in the court.

A typical example of a case with multiple claimants would be a bad holiday case where they may be two or more families involved, but like i said as far as i can see it would be ok to do this.

It may well mean that one or two people from the group be the front men (if you like) on behalf of the other claimants.

I will ring the court on monday morning and have a chat with the manager there and see what he thinks about this.

 

Is there anybody else that would be interested in making a claim on mass with MBNA ?

 

Johnny, we need to find out who is located where, I will PM you. This is quite exciting actually! I am going to do a shout out on my MBNA Nightmare thread aswell, there are loads subscribed to that.

 

Blimey, mass litigation, the press maybe? Better go and do my fake tan!!! LOL!!

[progenic7]

Cornucopia,

 

ok hun i will get back to you as soon as i can, though i may not be around for much longer tonight. I will however be around tomorrow afternoon after i get in from work.

Yes it is quite exciting really and i think its about time we did something about this outragous state of affairs.

MBNA are not outside of the law like they think they are and they must obide rules and regs just like everyone else, and its time they were shown for what they are me thinks

 

speak soon hun

 

Johnny

[mrxxxmas]

http://www.consumeractiongroup.co.uk/forum/mbna/72871-any-ideas-please-welcome.html#post629867

 

 

ok done that, and thanx for the advice

 

mrxxxmas

 

ps i'll keep an eye on this, in a month or two, i would def. be interested in multi claim, i did read on another page, about courts doing block cases, would this be the same...

[Cornucopia]

http://www.consumeractiongroup.co.uk/forum/mbna/72871-any-ideas-please-welcome.html#post629867

 

 

ok done that, and thanx for the advice

 

mrxxxmas

 

ps i'll keep an eye on this, in a month or two, i would def. be interested in multi claim, i did read on another page, about courts doing block cases, would this be the same...

 

Brilliant! I will be over to you shortly!

 

Yes I think it is probably much the same idea, keep up with this thread and add any comments, it all helps!!

 

Good luck with your claim Mrx!!!

[Guest Battleaxe]

Definition of a class action - In a class action, the plaintiff seeks court approval to litigate on behalf of a group of similarly-situated persons. Not every plaintiff looks for, or could obtain, such approval. As a procedural alternative, plaintiff's counsel may attempt to sign up every similarly-situated person that counsel can find as a client. Plaintiff's counsel can then join the claims of all of these persons in one complaint, a so-called "mass action," hoping to have the same efficiencies and economic leverage as if a class had been certified.

 

The only class action I have instigated was against the local council when they had plans to put a road through our area to link up with a bridge across the river. it took a lot of money and time to get it to court and we needed a QC to represent us. We won but it cost us over $5000.00 each to bring the action to the High Court. We had to lodge the equivalent of the costs in case we lost, so the legal fees would be covered if we lost. Thirty years later, that road bridge have not been built and it made the local council think twice about trying to ride rough shod over the electors. Yes, they ended up having to pay their own and our costs and we got our money back.

 

A class action in this instance against MBNA is not advisable, because we could not use the County Court system for this claim.

 

I have settled out of Court with MBNA regarding non-compliance and I would not advise anyone else doing this, take them to Court and let the Judge rap them over the knuckles. it will cost more money to defend than any of us settling out of court individually. If I had taken them to Court I am sure my Sec85 would be settled and also my claim for unlawful charges. I jsettled the non-compliance thinking it would be easier to be seen as reasonable,, but MBNA don not know know the meaning of the word.

[Cornucopia]

Cornucopia,

 

ok hun i will get back to you as soon as i can, though i may not be around for much longer tonight. I will however be around tomorrow afternoon after i get in from work.

Yes it is quite exciting really and i think its about time we did something about this outragous state of affairs.

MBNA are not outside of the law like they think they are and they must obide rules and regs just like everyone else, and its time they were shown for what they are me thinks

 

speak soon hun

 

Johnny

 

Johnny, that's fine and I agree with you, lets make it an act of civil disobedience!!! Such fun!!!

 

I too am going to sign off shortly before I end up with a divorce!!

 

Take care hun, catch up tomorrow x:)

[Cornucopia]

no probs Corn, will check back soon.

 

 

PPPLLLLLEEEEEEAAAASEEEE can somebody tell ajjars how to upload a copy of his/her "agreement" as we really need to see this and I don't know how to do it. Please somebody advise!!!!

[Cornucopia]

Definition of a class action - In a class action, the plaintiff seeks court approval to litigate on behalf of a group of similarly-situated persons. Not every plaintiff looks for, or could obtain, such approval. As a procedural alternative, plaintiff's counsel may attempt to sign up every similarly-situated person that counsel can find as a client. Plaintiff's counsel can then join the claims of all of these persons in one complaint, a so-called "mass action," hoping to have the same efficiencies and economic leverage as if a class had been certified.

 

The only class action I have instigated was against the local council when they had plans to put a road through our area to link up with a bridge across the river. it took a lot of money and time to get it to court and we needed a QC to represent us. We won but it cost us over $5000.00 each to bring the action to the High Court. We had to lodge the equivalent of the costs in case we lost, so the legal fees would be covered if we lost. Thirty years later, that road bridge have not been built and it made the local council think twice about trying to ride rough shod over the electors. Yes, they ended up having to pay their own and our costs and we got our money back.

 

A class action in this instance against MBNA is not advisable, because we could not use the County Court system for this claim.

 

I have settled out of Court with MBNA regarding non-compliance and I would not advise anyone else doing this, take them to Court and let the Judge rap them over the knuckles. it will cost more money to defend than any of us settling out of court individually. If I had taken them to Court I am sure my Sec85 would be settled and also my claim for unlawful charges. I jsettled the non-compliance thinking it would be easier to be seen as reasonable,, but MBNA don not know know the meaning of the word.

 

BA, surely it is different as we are dealing with a mass complaint of non-compliance rather than a monetary value? Surely we can do this as a group (with rather more clout as we have all been subjected to the same apathy), given that our common aim is a simple release of information to which we are entitled under the Data Protection Act?

 

I will yield to you on this as you have a far greater knowledge of legal issues than I. However, it is surely worth further investigation? My thoughts, perhaps the same as Johnny, were that they are consistently flouting the law at every juncture, lets group together and tell them that it is not acceptable.

 

Am I away with the fairies??? (you would know!!!!)

[Guest Battleaxe]

The other way to tackle this is a mass complaint to the FSA. It will take a bit of organising, but if everyone who has a complaint about MBNA would write a synopsis of the way MBNA has responded to the SAR and CCA's, but you would have to identify yourself for this action to have any veracity. You would need to give account numbers, addresses etc

 

Now here is a leap of faith for eveyone, I am willing to be the collator for of this and whip the complaint together, but we need a cut off date for the information to be forwarded to the Financial Services Authority. We are witnessing the lack of action by the statutory authorities so I think the FSA needs to brought into this. MBNA have no fear of anyone else.

[ajjars]

I'm in (well hubbys account - but he does as he's told!) that is if his "agreement" turns out not to be a true copy. Otherwise he had compliance within the timescale, and has had a GOGW payment credited to his account which has been accepted (did he have a choice?) as partial payment only. Going after the rest as per pre-lim, then LBA and then court. But they have passed this account to a DCA and are trying to default it. (He is not paying until they refund the charges). So they definately need taking down a peg or three.

 

Ajjars.

[Guest Battleaxe]

They should not have passed the account to a DCA if they had been notified that the account is in dispute. Is the DCA Global Vantedge by any chance? Looks like a complaint needs to be lodged with the ICO

[segaman]

Sent my SAR to MBNA on 21st January 2007, didn't really know what I was doing at the time so only sent it first class. Therefore I gave them a bit of tolerance and decided the 40 days would expire on 8th March 2007.

 

Hadn't heard anything by 27th February and started doubting if I had actually posted the SAR, however sent an e-mail to rachel.claridge@mbna.com letting her know that 40 days would expire on 8th March and if I did't get the information I would report them to the Information Commissioner. No response to thsi e-mail so I sent a further e-mail to customeradvocate.office@mbna.com stating the same, again no response to e-mail.

 

Got a letter back from MBNA dated 3rd March with the information requested and also stating that they hadn't treated it as a full subject access request and therefore were returning my cheque. The account was only transferred to them from HBOS in 2006 and they only provided me with information relating to the account after it had been transferred to MBNA. They say they will forward on my statements from HBOS once they receive them but I think I may have to do a separate SAR to HBOS (on advice from ICO).

[Cornucopia]

I'm in (well hubbys account - but he does as he's told!) that is if his "agreement" turns out not to be a true copy. Otherwise he had compliance within the timescale, and has had a GOGW payment credited to his account which has been accepted (did he have a choice?) as partial payment only. Going after the rest as per pre-lim, then LBA and then court. But they have passed this account to a DCA and are trying to default it. (He is not paying until they refund the charges). So they definately need taking down a peg or three.

 

Ajjars.

 

 

Ajjars, will deal with the posting of the agreement tomorrow, it's Friday and everybody is out on the lash!! Except me, mother of one, with a bottle of wine next to me!! We really need to see that "agreement". Don't not pay until they refund the charges. This is not the right time to do that. You can stop paying when they haven't complied properly with the CCA request and we don't know what the situation is with that til we see it. It is vital that you keep paying something until that point otherwise they will default you and sell on. I don't know how important this is to you. For some it is not, for me, it certainly is (new mortgage deal needed in July).:o Bear in mind that a default will stay on your file for 6 years. You need to think ahead hun! Make sure hubby keeps paying for now. If what he was paying is too much, call them and negotiate but at least pay something every month. I am speaking from experience, it's a bad move otherwise!!

 

You didn't have to accept the partial payment but it is always advisable otherwise they could say you were being difficult if it came to court. Make sure that those monies are included in your prelim plus contractual interest and then deduct the partial payment from the balance.

[m55dlc]

I'm personally of the opinion that if MBNA doesn't pull it's finger out and sort out my grievances I will make them go bust, simple as that. I wonder what the effect of an email campaign would be on publicising the fact that their 'credit card agreements' are not up to the CCA and are therefore unlawful and unenforceable? Not only that, if there are alot of 'agreements' like mine, they could never have complied with s63.4 or s85 at all.

 

What we need is someone with Direct Marketing experience, who has worked with the big players, who has had access to email mailing lists, who can send out multiple emails to individual email addressees, who can probably reach half the internet enabled adult population with information on how to complain, who to complain to and what exactly to complain about? What we need is someone who has about 6.5 million email addresses on their PC, add to that the peter.jones63@someone.co.uk multiplier and they can make that into about 500 million email addresses.......

 

Lets cut the crap now, we don't need namby pamby results, I've had enough of them and its now time to get nasty.

 

If one person doesn't pay back a £5K card, they will not flinch, 100 people and it will smart, 1000 people, 10,000 people, 100,000 people.... we're talking bank breaking here, all we need is to find that person..... hmmm, that stuff sounds very familiar!

[dpick]

Hi all I am in process of claiming charges from MBNA sent SAR with postal order by registered post checked online has been delivered so now approx 30 days left on count down.

 

Spotted this thred on MBNA for SAR and CCA was not to sure on CCA but having read a bit more think I could add to MBNA's troubles They bought out bank of scotland Sonycard. So they my not have a tru copy of my signed agreement.

 

So will be sending CCA request Monday.

 

dpick:p

 

 

Cornucopia you were right I will appear where ever I can cause the moneygrabbers trouble

 

I will contact you if I think they are playing games re CCA

 

Will update my thred dpick and mbna and capital one when posted.

[Rhia]

Cripes, I nip off for a spot of supper and watch the telly and you guys have been very active. I have started my own action against MBNA for non compliance - early days so no feedback yet - BUT I would be interested in any case with regard to a class action if only to know more.

I do think Battleaxe's idea of a mass protest to the FSA is a sound one and happy to join in.

For the record I too was sold off without notice or warning when I was actually trying to negotiate a settlement so I am keen to get even with this appalling bunch of incompetent crooks.

And having exactly the same problem getting SAR results when it was clearly a well worded SAR (assisted by Battleaxe in person) WITH a cheque which they say they haven't seen and demanding ID which is hilarious as they know who I am to accept money off me, send me bills, harrass me by telephone and feed me to those dogs known as DCAs.

BA let us have your action plan and we can go around the thread roping people in. Perhaps we should start a new thread entitled Mass MBNA protest to FSA or some such title.

P.S. Just a little wager Cornucopia but I bet you haven't had many takers on your thread asking for proper agreements.

This is very empowering y'know.

[Cornucopia]

Cripes, I nip off for a spot of supper and watch the telly and you guys have been very active. I have started my own action against MBNA for non compliance - early days so no feedback yet - BUT I would be interested in any case with regard to a class action if only to know more.

I do think Battleaxe's idea of a mass protest to the FSA is a sound one and happy to join in.

For the record I too was sold off without notice or warning when I was actually trying to negotiate a settlement so I am keen to get even with this appalling bunch of incompetent crooks.

And having exactly the same problem getting SAR results when it was clearly a well worded SAR (assisted by Battleaxe in person) WITH a cheque which they say they haven't seen and demanding ID which is hilarious as they know who I am to accept money off me, send me bills, harrass me by telephone and feed me to those dogs known as DCAs.

BA let us have your action plan and we can go around the thread roping people in. Perhaps we should start a new thread entitled Mass MBNA protest to FSA or some such title.

P.S. Just a little wager Cornucopia but I bet you haven't had many takers on your thread asking for proper agreements.

This is very empowering y'know.

 

LOL Rhia! Am so glad I have found another who is a victim of the MBNA machine!

 

My thread is pants, as expected! I'll be on page 29 tomorrow, as a result of tumbleweed, I think I am going to have to keep posting just to keep it up there! LOL! We KNEW this would happen!

[m55dlc]

ChavNav - takes you to where you can get fake burberry

FatNav - lists curry houses

PratNav - shows you where you can get your NHS glasses fixed and get ink stains out of shirt pockets

HatNav - will only tell you where you're going if you're wearing a hat

ShatNav - tells you where the public convieniences are (and laundrettes)

[Cornucopia]

ChavNav - takes you to where you can get fake burberry

FatNav - lists curry houses

PratNav - shows you where you can get your NHS glasses fixed and get ink stains out of shirt pockets

HatNav - will only tell you where you're going if you're wearing a hat

ShatNav - tells you where the public convieniences are (and laundrettes)

 

LMAO! DON'T KEEP JUMPING THREADS TO AVOID MRS M YOU BLEEDIN' COWARD!!!

 

You're such an arse but SO funny I am laughing out LOUD!!!! On my own:eek:

 

I think I am going to give Mrs M the link to MatNav!!!

 

What about SadNav which is where you will be if you don't get off my bloody thread you loon!!!:D

[Perseus]

What about

Nad Nav - how to find your Nads when the trouble and strife has given 'em a good boot!

PinotNav - When Corn runs out of the Greno Piggyo plonk!

DCANav - How to avoid DCA's sent by MBNA

PreNav - Where you were before getting here

PostNav - How to find your way out of a thread

SavNav - Directions to the Step-by-Step & FAQ's guide

BedNav - How to leave the bloody pc to get to your O/H patiently waiting again

 

xxxxxxxxx Evening all!

P

x