Pudsters14 vs MBNA

[pudsters14]

Righto, I'm just in the process of starting everything off with MBNA. Mr Pusters has got two accounts with them and threads will be created in due course when he has got his Subject Access Request and CCA info back from them. I on the other hand receieved my CCA through today... here it is....

[pudsters14]

This was on the back of the form

[pudsters14]

Right and finally this is the Data Protection Act close up.... I consider this is an application form and not an agreement as there are a number of prescribed terms missing.........

[Cornucopia]

Originally Posted by pudsters14

Right and finally this is the Data Protection Act close up.... I consider this is an application form and not an agreement as there are a number of prescribed terms missing.........

Hmm Pudsters, sorry, just jumped on quick as I am at work! It does seem to me that this is unfortunately an executed agreement. We were sent an application form and nothing else and it actually says "Application Form" on it with no T&C's or anything. Yours seem fairly comprehensive.

How old is this account is you don't mind me asking?

[pudsters14]

Originally Posted by Cornucopia

Hmm Pudsters, sorry, just jumped on quick as I am at work! It does seem to me that this is unfortunately an executed agreement. We were sent an application form and nothing else and it actually says "Application Form" on it with no T&C's or anything. Yours seem fairly comprehensive.

How old is this account is you don't mind me asking?

May 2004 - so nearly 3 years old

[pudsters14]

Corn, aren't the prescribed terms missing such as apr etc? I know they are in the T&Cs on the back but it does say on the front of the form that they can change the type of card if they want to? just wondering...

[Cornucopia]

Originally Posted by pudsters14

May 2004 - so nearly 3 years old

OK, that explains how they seem to be able to produce. Ours (or rather husband's) is 11 years old.

[Cornucopia]

Originally Posted by pudsters14

Corn, aren't the prescribed terms missing such as apr etc? I know they are in the T&Cs on the back but it does say on the front of the form that they can change the type of card if they want to? just wondering...

I think (although others may disagree) that is is acceptable to have the apr on the back. I think the type of card would be to do with your credit scoring ie : they may give you a platinum rather than a gold, for example with a higher limit and a better rate. In our case, my husband apparently applied for a Gold card but was actually given a Platinum.

This is only the second time I have seen something resembling an executed agreement. Can I suggest you post it (or the link) onto the CCA thread. Also, have you asked M55, he's pretty good with these things.

[pudsters14]

Originally Posted by Cornucopia

I think (although others may disagree) that is is acceptable to have the apr on the back. I think the type of card would be to do with your credit scoring ie : they may give you a platinum rather than a gold, for example with a higher limit and a better rate. In our case, my husband apparently applied for a Gold card but was actually given a Platinum.

This is only the second time I have seen something resembling an executed agreement. Can I suggest you post it (or the link) onto the CCA thread. Also, have you asked M55, he's pretty good with these things.

Yeah I am talking to M55 and Lantana atm on the MBNA thread. Mr Pudsters are also quite recent. Or at least one of them is so as soon as I get anything through will post them on here for everyone to see. Lantana seems to think that this is missing prescribed terms and M55 thinks that some of it is okay... so will wait and see, my battle with MBNA is far from over though! Lol... I will subscribe to your MBNA thread, I probs am already... I have got a new MBNA application form and they have definately changed their tactics though, a lot more information is actually contained in the agreement now,... which makes me think there must have been something wrong with the old ones for them to change it! Just my opinion though...

[peterbard]

Hi
Yes the agreement is based on the earlier 1983 regs the curent one wil lhave the extra sections in it due to the 1482 ammendments, It may also be a distance agreement which means it will have additional section one info in the key information I notice that there is a sig in the creditors box marked reps name so presumablythis wasn't a distance agement.


Regards
Peter?

[pudsters14]

Originally Posted by peterbard

Hi
Yes the agreement is based on the earlier 1983 regs the curent one wil lhave the extra sections in it due to the 1482 ammendments, It may also be a distance agreement which means it will have additional section one info in the key information I notice that there is a sig in the creditors box marked reps name so presumablythis wasn't a distance agement.


Regards
Peter?

Hi Peter, this was signed at my local rugby ground, do you think this has the prescribed terms missing? I thought it had to mention the apr, payment term etc in the actual agreement?

[InKogneeToh]

Hi

This document is obviously an application form but it is somewhat different to some others I have seen because
it does have all the prescribed terms on the reverse.

However, it does not contain all the other required terms and statutory statements so at best it can only be described as an 'improperly executed' agreement and so enforceable on an order of the court only.

I have been trying to find a statement that all the prescribed terms MUST be on the front of the document and not just shown on the reverse, but haven't found anything definitive.

However I have found this section of the OFT doc on cancellable agreements which I think (in a round about way) gives the answer:

Statements of customer’s protection and remedies

Statements about the main rights of customers provided by the Act must be included in the agreement in the form set out in Appendix 1. The statements about termination and
repossession of goods, in the case of hire-purchase or conditional sale agreements, must be shown together as a whole with the financial and related particulars described on
pages 9–12 and not interspersed with any other information. (See statement 4 in Appendix 1.) Alternatively these statements can be shown elsewhere (for example, on
the reverse of the agreement) as long as a reference to them is included with the financial and related particulars.

This means that if these statements are on the reverse, then your attention to them must be drawn (grammer?) on the front - and included with the 'financial and related particulars', so these 'particulars' would HAVE to be on the front also!

IMO this is an unenforceable document, whether it is deemed to be an 'agreement' or not.

I would send the same '2nd chance' letter to the creditor as I advised on the Credit Agreement thread.

Regards, Pam

[pudsters14]

Hey guys, Mr Pudsters has got two MBNA alleged accounts... got sum strange letters from MBNA the other day, neva been sent them before... quite contradictory. One says that they are going to write off his account to bad debt and the other says he must make a payment straight away otherwise full balance is due... i'm confused... don't know what they are up to... cheers... can scan and post them if needed. They provided application forms one identical to the one above and one almost identical... have been disputing the CCA since.

Pudsters14
x x x x x x

[rory32]

I would agree that this is an application form (so is a pre-contractual document).

Obviously MBNA don't have a clue what they are doing with these account. Are the letters from seperate departments? The letter asking for payment is more likely to be a computer generated response.

[Fullyskinted]

Yeh I recieved a letter last week asking me to call them and sort out an arrangement at lower payment... WTF!?!?!?

I think Ill scan and post all the letters recieved in a new thread...

[ian1969uk]

MBNA are in a real mess. I got a letter on Saturday saying thank you for advising them of my financial difficulties (I didn't as their agreement is unenforceable, so I've just told them I won't be paying). It thanks me for making token payments (I haven't) but says they need a small increase to avoid further action. It says they cannot continue to suppress interest and fees if I don't increase payments (funny that, as they are still applying interest and fees) and says they really want to help me but I must ring them (don't think so).

They obviously don't know what they are doing at the moment.

[monopoly23]

On the first page is says 'I understand this is an application for a credit card'????