MBNA cut and paste job

[Mr $quandaŁot]

Re: MBNA cut and paste job

Banks and debt collectors do lie and think that the law doesn't apply to them.

M&S Bank/HSBC is as bad as MBNA. 18 months ago their Pre Legal Recoveries (pretending to be a DCA) sent me a letter threatening court bailiffs turning up, not mentioning that to do that they would need to get a court order first.

So what happened to those court bailiffs? I'm still waiting. Perhaps I should ring them and ask?!

[bluebottle]

Re: MBNA cut and paste job

You are right, they did it without my knowledge and consent and told me about it afterwards, I was living abroad at the time and there was nothing I could do about it. That wasn't the only thing they did wrong. But I have to choose my battles...

Have they offered to put things right or, simply, walked away? If they have not attempted to put things right and/or walked away from it, you need to speak to the SRA asap. It is possible they have breached the Solicitors Code of Conduct.

[RedEarth]

Re: MBNA cut and paste job

Have they offered to put things right or, simply, walked away? If they have not attempted to put things right and/or walked away from it, you need to speak to the SRA asap. It is possible they have breached the Solicitors Code of Conduct.

They walked away, but I have bigger fish to fry...:tinysmile_grin_t:

[FlamingParrot]

Re: MBNA cut and paste job

A question RE....

Did the solicitors who were acting for you sign this consent order with your agreement or signed it without your knowledge and consent and then told you about it afterwards, thereby, possibly, compromising your case? If this is so, you need to speak to the Solicitors Regulation Authority (SRA).

It may well be that this is one for the Legal Ombudsman, especially since they can award compensation while the SRA can't. :thumb:

This explains when it would be appropriate to approach either body: http://www.sra.org.uk/consumers/prob...solicitor.page

The Legal Services Ombudsman deals with complaints about poor service. Poor service includes failures to keep you properly informed about your legal matter. The SRA deals with failures to comply with professional obligations such as a duty to keep your affairs confidential or duty to act honestly and with integrity. Some failures to comply with professional obligations can also amount to poor service. The Legal Ombudsman's website will help identify how you can best receive help. If you report poor service to the Legal Services Ombudsman and they consider it amounts to a failure to comply with professional obligations they will also pass the matter to the SRA for us to consider. The Legal Services Ombudsman may direct a firm or individual pay you compensation for poor service. The SRA cannot award compensation to you. Our powers are regulatory and include taking action against the firm or individual concerned such as helping them to comply with their obligations or, where the issue is serious, controlling the way they work in the future.

We deal with cases where firms or those we regulate have breached the SRA Principles. Most of the time, complaints about solicitors are about poor service, and therefore should be sent to the Legal Ombudsman. If the Legal Ombudsman thinks your case involves a breach of our Principles, they will refer your case to us. Likewise, if you report a solicitor to us for poor service, we will refer you to the Legal Ombudsman; read our Memorandum of understanding (PDF, 3 pages, 66K) for more information on this arrangement. We do not have the power to award compensation for poor service, or to reduce or refund your legal fees.

However, you should report the matter directly to us if you think a firm or anyo
ne regulated by us has breached an SRA Principle.

[FlamingParrot]

Re: MBNA cut and paste job

Actually thanks for this FlamingParrot, I believe this would work in my favour rather than against me...I said my evidence is a bit quirky :tinysmile_twink_t2:. Interestingly I dropped into a law centre a week ago and had to present my argument to a stroppy adviser who had very little patience, she was quite damning and undermining all the way through our discussion... until I did present my argument, and then she completely got it, and ended up reinforcing it over and over. The issue is that I do need space to discuss the argument in its entirety for the penny to drop, I have to create the context for the evidence, the procedures and then the analysis becomes clear. So in a way the fact that I have to prove my case in writing to get the hearing may make it easier for me as they have to read my witness statement and the evidence of my 'insider' and then they get where I am coming from.

Not sure what the VIP subscription is about, can you tell me?

The VIP area is semi-private and restricted to subscribers who are verified when they make their payment via PayPal. It'll set you back Ł9 for a year. It may be worth considering if you want to discuss this in more detail. :spy:

To subscribe, go to settings, the third group down is 'My settings', under 'My account', the last item is paid subscriptions. Under VIP member subscription, choose one year Ł9 or 10 years Ł25.
See below. :grin:

[FlamingParrot]

Re: MBNA cut and paste job

I haven't been able to find an appropriate legal representative for this case, but I do have a friend who used to be a corporate lawyer (again by chance in the banking field) who is helping out...it's not her area of expertise but I think she may not need to know that much about the CCA for this strategy on doctored evidence and challenging a consent order. I will get her up to speed about Carey vs HSBC as I think it will be relevant in the way we word things. If anyone can recommend a barrister who is up to this please let me know, I'm not expecting to do a no win no fee arrangement as that is what ended me up with a consent order in the first place!

Both Celestine and PT2537 work for Howlett Clarke Solicitors so you may want to contact them to start with and see what they say. :thumb:

[RedEarth]

Re: MBNA cut and paste job

The VIP area is semi-private and restricted to subscribers who are verified when they make their payment via PayPal. It'll set you back Ł9 for a year. It may be worth considering if you want to discuss this in more detail. :spy:

To subscribe, go to settings, the third group down is 'My settings', under 'My account', the last item is paid subscriptions. Under VIP member subscription, choose one year Ł9 or 10 years Ł25.
See below. :grin:

Thanks FlamingParrot, not sure what was below...you said 'See below' but it looks like the attachment didn't work. Yes I may sign up to the VIP, but I see it says you have to have a few posts first, so I'll have to wait a bit.

Thanks for the info on the Legal Ombudsman, but I'm concentrating my energy on MBNA's deception...I'm more interested in getting my files back from the solicitors than reporting them.

[bluebottle]

Re: MBNA cut and paste job

The Legal Services Ombudsman deals with complaints about poor service. Poor service includes failures to keep you properly informed about your legal matter. The SRA deals with failures to comply with professional obligations such as a duty to keep your affairs confidential or duty to act honestly and with integrity. Some failures to comply with professional obligations can also amount to poor service. The Legal Ombudsman's website will help identify how you can best receive help. If you report poor service to the Legal Services Ombudsman and they consider it amounts to a failure to comply with professional obligations they will also pass the matter to the SRA for us to consider. The Legal Services Ombudsman may direct a firm or individual pay you compensation for poor service. The SRA cannot award compensation to you. Our powers are regulatory and include taking action against the firm or individual concerned such as helping them to comply with their obligations or, where the issue is serious, controlling the way they work in the future.



We deal with cases where firms or those we regulate have breached the SRA Principles. Most of the time, complaints about solicitors are about poor service, and therefore should be sent to the Legal Ombudsman. If the Legal Ombudsman thinks your case involves a breach of our Principles, they will refer your case to us. Likewise, if you report a solicitor to us for poor service, we will refer you to the Legal Ombudsman; read our Memorandum of understanding (PDF, 3 pages, 66K) for more information on this arrangement. We do not have the power to award compensation for poor service, or to reduce or refund your legal fees.

However, you should report the matter directly to us if you think a firm or anyone regulated by us has breached an SRA Principle.


That is interesting and well worth remembering, FP. Thank you for posting that.

Where judges are concerned, there are two bodies - Judicial Appointments and Conduct Ombudsman (JACO) and Judicial Conduct Investigation Office (JCIO). In cases I have dealt with (not on LB) where a judge's conduct has been or is in question, it is best to contact JACO straight away and in the first instance, at which time they can advise on submitting a complaint.

[RedEarth]

Re: MBNA cut and paste job

Okay, yesterday I went through my argument with my friend who is a corporate lawyer...she saw the signed document copy, read the draft witness statement, and said I have a good case! So that's nice to hear from someone of her stature. She's a tax lawyer and CCA is not her field, but as we are arguing solely about misleading evidence presented in court she knows plenty about that. The CCA only comes into it when we talk about motive, why would they paste those terms on the side and the title at the top...answer: to make the application form an enforceable agreement. As motives don't yet need to figure in the witness statement (can be argued by a barrister in court I expect), then I'm happy that we have enough now to lodge in court. She's going to redraft the statements for me (mine and my 'insider' contact's) as the form of presentation of the evidence is crucial...e.g. needs to have a point form summary at the beginning to say what the main gist of my argument is, so that when reading on the judge is looking for the evidence for that argument throughout the document.

[RedEarth]

Re: MBNA cut and paste job

Amethyst and anyone else...if you have any application forms that have the logo of the company on the document (like mine has the Abbey logo) that's the give-away mark...so please do keep uploading anything you have.

[RedEarth]

Re: MBNA cut and paste job

Also my lawyer friend did like the issue of the stamped signature & date because these things just add to the evidence.

[RedEarth]

Re: MBNA cut and paste job

Damn, I thought if I had done 10 posts I could join the VIP area and discuss this more deeply...but even with 10 posts it's saying there are no subscriptions available to me...Amethyst can you help?

[Amethyst]

Re: MBNA cut and paste job

Try http://www.legalbeagles.info/forums/payments.php Shout if that doesn't work xx

(ahh had alook in settings and it's based on a promotion setting allowing you access to subscribe to VIP when you hit 10 posts but it only runs hourly)

[RedEarth]

Re: MBNA cut and paste job

Thanks Amethyst...am now a VIP member but have no idea how to access the VIP area...could you give me a link?

http://www.legalbeagles.info/forums/...362#post426362

[pt2537]

Re: MBNA cut and paste job

Dont forget that the Abbey National Plc brand was still in use even though they rebranded "Abbey"

I was looking into this point on another unrelated matter and it seems that they retained the name Abbey national Plc but changed the trading style to Abbey