Thread: MBNA replied sign copy Is it end of CCA battle!!!

hi i got final letter from Alliance/leicester MBNA

We can confirm that MBNA dose not regard this account balance on your obligation to repay as being in dispute (see attached letter)



please help


Attached Files final reply.pdf (168.6 KB, 0 views)










current financial crisis is direct result of unethical practices of these kinds
greedy/shark lenders and not law-abiding HARD WORKING consumers often easily blame. Credit reference agencies use by lenders to penalised consumer and get away with lower rate interest advertised e.g. 5.9% but when you apply due to credit score!!! loan would be offer to you would be much higher 15% OR 19% OR MORE. So those who sympathise with this lenders would be ????

e.g. virgin credit card offers interest free provided by MBNA catch adding trap clause on hidden tiny font “withdrawal of 0% interest free to staggering over 29% if you go over your credit limit by tiny amount and even direct debit setup from the start of agreement.

So those who sympathise with this lenders would be ????

Hi Sanrhythm

Have you been able to post a copy of the agreement they sent you? If you can then everyone can look it over and see if they can pick holes in it.

With regards to the statement that they've complied and so therefore the agreement is enforceable, this is not strictly true.

Compliance and enforceability are two different things. They can comply with the Act (technically, and it's a point I always argue with them as I don't agree) by sending a blank agreement and some terms. That does not mean they have sent you an enforceable agreement.

If the document you have in front of you does not have the prescribed terms on it, or your signature is missing, or it is illegible, they have a problem - at least for now.

If they have sent you an agreement that does include all these things then it is more likely that it is enforceable. Even if it has all of those things but they have not signed it, that simply means it can only be enforced by a court, not that it is irredeemably unenforceable.

The issue of dispute is one I've had discussions about on the forum, as I was very confused as to what would put an account into a dispute after every bank telling me non-compliance did not do it.

Apparently you need to have an issue about the actual balance rather than just about the account in general. For instance, if you are saying there are unlawful charges on the account and going about reclaiming, then you are disputing the balance as correct and it is in dispute.

If though you are disputing the validity of the agreement, you are not necessarily saying there is anything amiss with the amount on the account, and so it is not a dispute. That's as far as I understand it anyway.

MBNA's standard practice is to default after 7 months. This is apparently 'regulations' but is in fact their own terms as an American bank. They will frequently try to categorically state that they do not have to comply with UK law as they are an American bank. This is rubbish, they have to adhere to the UK law regardless of what country owns the bank.

This is a fairly standard letter designed to scare you. What you really need to do if you can is get your agreement up here, otherwise it's very difficult for anyone to give solid advice.

Oh, and that bit about it being their final decision on the matter - I've had about 8 final decisions as I just ignore them and keep pointing out the errors in their arguments

HTH

Lexis

I always ignore their final responses as they do exactly what you've mentioned and skirt around or completely avoid the question/s you've asked.

If they ever give me a direct answer to a direct question I may accept it, but otherwise I just keep responding to their 'final response'. There's not much they can do - if they ignore it they're being unreasonable, so they have to reply.