Band together against them

[DJX]

Daear all

I recently contacted the OFT complaining about MBNA's conduct-they recently offered me a settlement figure or reduced payments which I agrreed to-then changed their minds and have started legal proceedings !!

I am attaching part of the reply-it may be worth it if everybody registers their concern witht the OFT directly

I can confirm that the businesses you mention hold consumer credit licences. Under the Consumer Credit Act 1974 (the Act), holders of consumer credit licences must be fit and competent to do so, and the OFT has a duty to monitor the fitness and conduct of all traders who hold such a licence.

The OFT has issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance is intended to ensure that debt collectors treat individuals fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants. You can view our guidance at: www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

We have therefore noted the details of your complaint, and we will consider this alongside any other complaints we have received with a view to any consumer credit licensing or other action we may decide to take. If we do take any action against these traders, it is likely that we would need to disclose your identity to these traders along with details of your complaint. I should therefore be grateful if you could sign the attached consent form and return it to me. Unfortunately, we cannot disclose any details about any action we may take, due to legal restrictions on the OFT relating to disclosure of information.

[exchange]

Hi, any news on your meeting today?

[caro]

Originally Posted by mauricetura

Each of you will recieve a draft template which includes many details - including the name of myself and my wife.
I am putting myself on the line here - it will be easy for MBNA to work out that I am a finance professional and currently on the FSA register.

If you have a trusted moderator please ask them to PM me and I will proved full information to give you comfort.

Hi Maurice. I understand that at least one moderator has asked you to contact the site admin so that they can confirm that their personal details will be safe, and that their own cases won't be compromised in any way.

If you contact admin@consumeractiongrou p.co.uk (no gap), I'm sure they'll be happy to look at your proposal so the site team can allay any concerns people have about giving out personal information.

I'm sure you'll appreciate from reading our rules that this is not the way CAG normally operates, but if there are special circumstances then obviously this would be looked at on its merits.

We caggers maintain our anonymity for good reason.

[mauricetura]

Please dont be naive about this. It is a standard response. In the end the OFT will recommend you take it up with others....

PM me and I can send you the examples of OFT wimp-out.

Originally Posted by DJX

Daear all

I recently contacted the OFT complaining about MBNA's conduct-they recently offered me a settlement figure or reduced payments which I agrreed to-then changed their minds and have started legal proceedings !!

I am attaching part of the reply-it may be worth it if everybody registers their concern witht the OFT directly

I can confirm that the businesses you mention hold consumer credit licences. Under the Consumer Credit Act 1974 (the Act), holders of consumer credit licences must be fit and competent to do so, and the OFT has a duty to monitor the fitness and conduct of all traders who hold such a licence.

The OFT has issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance is intended to ensure that debt collectors treat individuals fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants. You can view our guidance at: www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

We have therefore noted the details of your complaint, and we will consider this alongside any other complaints we have received with a view to any consumer credit licensing or other action we may decide to take. If we do take any action against these traders, it is likely that we would need to disclose your identity to these traders along with details of your complaint. I should therefore be grateful if you could sign the attached consent form and return it to me. Unfortunately, we cannot disclose any details about any action we may take, due to legal restrictions on the OFT relating to disclosure of information.

[mauricetura]

Please request a petition at number 10 to
"we request the Treasury Select Committee to request a special investigation by the FSA into MBNA for systematic failures to observe fair treatment of clients and in particular provision of post contract information and complaint handling."

[caro]

Originally Posted by caro

Hi Maurice. I understand that at least one moderator has asked you to contact the site admin so that they can confirm that their personal details will be safe, and that their own cases won't be compromised in any way.

If you contact admin@consumeractiongrou p.co.uk (no gap), I'm sure they'll be happy to look at your proposal so the site team can allay any concerns people have about giving out personal information.

I'm sure you'll appreciate from reading our rules that this is not the way CAG normally operates, but if there are special circumstances then obviously this would be looked at on its merits.

We caggers maintain our anonymity for good reason.

For information, BankFodder has still received no contact, so I would urge people to take the usual care when giving out personal information to people they don't know.

Please don't take this personally Mauricetura, as I'm sure you can understand that people who post on CAG do not always have our users best interests at heart so always better to be safe than sorry.

[mauricetura]

Hi Caro
I did PM bankfodder -
This is what I suggest - why doesn't one of the site admin pm me?
As for those that have joined the fight they recieve a template with a claim number, a court and a person.

I can confirm the witness statements so far supplied have gone to a lawyer.
This firm may be available on a no-win no-fee basis where MBNA make things complicated and a claim for harassment etc makes sense.

MBNA has already caused 10s of 1000s of pounds worth of damage to our credit rating.

Do not under-estimate just how beligerant MBNA staff can be.

I could use more witness statements - as many as possible please.

Originally Posted by caro

Hi Maurice. I understand that at least one moderator has asked you to contact the site admin so that they can confirm that their personal details will be safe, and that their own cases won't be compromised in any way.

If you contact admin@consumeractiongrou p.co.uk (no gap), I'm sure they'll be happy to look at your proposal so the site team can allay any concerns people have about giving out personal information.

I'm sure you'll appreciate from reading our rules that this is not the way CAG normally operates, but if there are special circumstances then obviously this would be looked at on its merits.

We caggers maintain our anonymity for good reason.

[caro]

Originally Posted by mauricetura

Hi Caro
I did PM bankfodder -
This is what I suggest - why doesn't one of the site admin pm me?
As for those that have joined the fight they recieve a template with a claim number, a court and a person.

I can confirm the witness statements so far supplied have gone to a lawyer.
This firm may be available on a no-win no-fee basis where MBNA make things complicated and a claim for harassment etc makes sense.

MBNA has already caused 10s of 1000s of pounds worth of damage to our credit rating.

Do not under-estimate just how beligerant MBNA staff can be.

I could use more witness statements - as many as possible please.

You have another PM.

[angry cat]

mauricetura!

I have to say this and I say it with the greatest of respect.

But, you cannot expect members to email 'Witness Statements' to an individual when one has no idea as to their true identity.

'Witness Statements' will contain data, which if provided to unknown parties, could prejudice any future litigation.

Please do not misunderstand me, I would love to see MBNA brought to account. However, I feel that it is only fair to know where ones information is going to end up and used for what?

My apologies, if I have caused any offence to you, that is not my intention.

AC

[Coactum]

Sadly, I never thought about that and have alraedy provided a lot of information!

[exchange]

I hope to allay any doubts after I have met with mauricetura next week. I will update this thread after next Wednesday the 8th July.

[angry cat]

Just to be quite clear about this, I am not trying to cast any doubts about this matter!

Personally speaking, I have many concerns about how, MBNA have conducted their business here in the UK. Together with concerns about how, they have treated Consumers in General.

I just want to know where my information is going;
who it is going to and;
where it will end up, if it is provided.

Quite fair and reasonable methinks.

Once again, I apologise if I have caused any offence.

AC

[mauricetura]

But to be straight to the point - I provide the name of the litigant in person on the template witness statement.

After making a statement of my name to the site staff, my professional background etc I feel able to do little more than to pass a sample of my blood for DNA testing.

Right now I have five good witness statements - it is not enough to create a landmark case. I have hired a lawyer and barrister to fight out the case. If succesfull representation will be made, including by myself to the FSA.

If its enough to ensure MBNA is fined, it will have changed the economics for them and their complaints hanlding process will change very quickly.

The exercise involves a fine tooth combe going through the numerous FSA principles and practice guidelines.

Now given support to date, why would I choose that over settling out of court - the only reason is to serve the greater good.

So yes, some of you supplied personal information. But some of us have signed up to a rather onerous code of ethics,

I suggest that you have nothing to fear except fear itself.

Where will it end up, bundled in a court - some may be invited to speak - but its likely that your witness statement will be read as your voice of complaint to a judge about MBNA. Can it be published by the court?
I dont know, but I doubt it. Will it go to the FSA? If we win and you give consent.

But you make a witness statement in respect of a court claim, you should expect it to be presented at a court hearing.

Will MBNA be angry at you? Probably. Do you care?

Am I disappointed with the general response. Absolutely.

If we win I am sure CAG will benefit through a decided case to reference that by its nature will focus on the unfairness and consequential damages of a poorly managed complaints process?

The balances on credit cards will be small by comparison with the damages caused to consumers by refinancing costs of new credit, opportunity costs etc and general slur that adverse reporting during a default causes.

And did anyone try to get my petition suggestion filed. It has disappeared in the no 10 ether, neither rejected nor accepted....

Originally Posted by angry cat

Just to be quite clear about this, I am not trying to cast any doubts about this matter!

Personally speaking, I have many concerns about how, MBNA have conducted their business here in the UK. Together with concerns about how, they have treated Consumers in General.

I just want to know where my information is going;
who it is going to and;
where it will end up, if it is provided.

Quite fair and reasonable methinks.

Once again, I apologise if I have caused any offence.

AC

[angry cat]

[quote] by mauricetura:

After making a statement of my name to the site staff, my professional background etc I feel able to do little more than to pass a sample of my blood for DNA testing."

No doubt and in due course, the site team will advise!

AC

[caro]

Originally Posted by mauricetura

But to be straight to the point - I provide the name of the litigant in person on the template witness statement.

What litigant in person? I thought you were seeing an expensive lawyer to deal with this

After making a statement of my name to the site staff, my professional background etc I feel able to do little more than to pass a sample of my blood for DNA testing.

I am seeking confirmation from .admin that they have received information from you. Your original PM to some team members did provide a name, but the information regarding your background was insufficient to allay concerns, which is why you have repeatedly been asked to email admin with more information

Right now I have five good witness statements - it is not enough to create a landmark case. I have hired a lawyer and barrister to fight out the case. If succesfull representation will be made, including by myself to the FSA.

If its enough to ensure MBNA is fined, it will have changed the economics for them and their complaints hanlding process will change very quickly.

The exercise involves a fine tooth combe going through the numerous FSA principles and practice guidelines.

Now given support to date, why would I choose that over settling out of court - the only reason is to serve the greater good.

So yes, some of you supplied personal information. But some of us have signed up to a rather onerous code of ethics,

What code of ethics is this? If you do not wish to disclose it here, please email the information to admin so that this can be confirmed with the organisation involved, and what it actually means.

I suggest that you have nothing to fear except fear itself.

People have to fear that their personal information may be misused for identity theft, their own cases may be jeopardised by this action. It is not unknown for DCAs to go on website to trick people so they can track them down, even if they don't have the legal right to enforce alleged debts.

Where will it end up, bundled in a court - some may be invited to speak - but its likely that your witness statement will be read as your voice of complaint to a judge about MBNA. Can it be published by the court?
I dont know, but I doubt it. Will it go to the FSA? If we win and you give consent.

Do you have a firm idea of how your plan will work?

But you make a witness statement in respect of a court claim, you should expect it to be presented at a court hearing.

Of course.

Will MBNA be angry at you? Probably. Do you care?

Probably not.

Am I disappointed with the general response. Absolutely.

The site team, including myself have received a number of PMs from people who are interested in your proposal, but concerned at the possible implications of passing personal information to a total stranger. If you will respond to requests for further information yourself, then you may get a better response.

If we win I am sure CAG will benefit through a decided case to reference that by its nature will focus on the unfairness and consequential damages of a poorly managed complaints process?

The balances on credit cards will be small by comparison with the damages caused to consumers by refinancing costs of new credit, opportunity costs etc and general slur that adverse reporting during a default causes.

And did anyone try to get my petition suggestion filed. It has disappeared in the no 10 ether, neither rejected nor accepted....

There are so many petitions for number 10 that we have found on this site that they are not an effective method of raising awareness.

I do not wish to appear negative to your proposal, but simply seek clarification of your intentions and verification of your identity so that caggers can be confident in dealing with you.

[Capricorn1601]

Hi mauricetura

But did you pass the test questions?

What is Martin Supples inside leg measurement?

Does Gail Powell prefer tea or coffee in a morning?

and most importantly does C White from RMA actually exist?

Joking aside, I can understand peoples reservations, you could be anyone and secretly work from MBNA.

[angry cat]

Personally speaking and if I were mauricetura, then I would be totally open and upfront with members.

I would have provided actual contact details and not a google email address.
Together, with the contact details of my solicitor and any other details necessary to prove that all is above board.

Go and ask any solicitor and/or para legal;
would it be safe to send a 'Witness Statement' by email, to a stranger?

Obviously, the answer would be, NO.

AC

[caro]

I don't understand the reluctance. CAG has been campaigning and fighting financial institutions for over 3 years, has legally qualified and experience people who may well be able to offer support, advice, professional contacts etc to Mauricetura's proposal. Anyone else with suggestions has been very open to tapping into the accumulated knowledge of the site.

I can only re-iterate CAG policy of not passing personal information to people you don't know.

[AA99]

Caro, have pm'd you

[caro]

Sorry AA, my PM box was full as it often is.. There's a bit of space now, but if anyone wishes to contact me I can be emailed. My addy is my caro@consumeractiongrou p.co.uk (without the gap).