Thread: Do I Have A Leg To Stand on MBNA?

Hi All,

I'm hoping someone will be able to have a look at the following documents and give me some good news

I am a bit concerned about the paragraph above my signature and also the fact that the Financial & Related Conditions are on the reverse of the page.


Thanks for any advice


David

Financial & Related Conditions that were photocopied on the back of the application form:


Thanks for any help.

David

Hi

Please could somone look at this paragraph as I would like to go into dispute with MBNA as soon as possible as I am now in arrears with payments.


Thanks in advance.

Dave

There are no prescribed terms on the front of the application form.

What is interesting is that on the front of the application they refer to condition 11 which is all about personal information and data protection. Condition 11 on the terms that are on the back of the copy they have provided refer to something quite different. They cannot therefore be referring to the same terms and that in itself casts sufficient doubt on what is actually on the back – if anything.

As it stands – unless MBNA can link the terms to the application then it would be unenforceable and it is unlikely that they can produce the original.

MBNA are unlikely to agree with you and will no doubt insist that the application is a valid agreement.

Thanks for the reply Atwozee.

The particular section I am worried about is just above the signature where it states:

"I have received a copy and agree to be bound by the MBNA Credit Card terms and conditions and I understand I am responsible for paying any balance due on my credit card account".

Has this term got them covered?



Dave

Short answer - no

If the agreement is to be enforceable it has to comply with the minimum provisions of section 127(3) of the consumer credit act 1974 - this application doesn't do that - they can make any statements they like but if the terms aren't contained within the document itself then it's unenforceable.

Originally Posted by atwozee

Short answer - no

If the agreement is to be enforceable it has to comply with the minimum provisions of section 127(3) of the consumer credit act 1974 - this application doesn't do that - they can make any statements they like but if the terms aren't contained within the document itself then it's unenforceable.

Thanks very much for the info and on that I will send them an In Dispute notice tomorrow.

Dave

Hi All,

It has been a little while since I have been on and things seem to be hotting up with MBNA.

I have had lots of phone calls even though I request each time that they write to me and as also requested in the "in dispute" notice I sent them.
Got told off like I haven't been told off since I was a kid by some irate MBNA employee, some of the things she said lead me to believe that she may be reading the threads on this forum. Finally, I received this letter stating that the account was enforceable and they do not regard the account or obligation to repay the debt to be in dispute (see below attachment).

Any opinions gratefully received.

Thanks

Dave

Lots of drivel from MBNA as per usual – your agreement does not contain the prescribed terms – you can always write to them asking where on the agreement they are.

Another thing that strikes me as odd is that they haven’t bothered to paste some prescribed terms to the left hand side of the agreement.

Have a look at this thread for more info

http://www.consumeractiongroup.c o.uk/forum/mbna/184041-all-mbna-caggers-fight.html

Thanks atwozee. I am going to read your link now.


Dave

Might take a while lol

This is a brilliant idea - to post copies of all the types of proformas they use. Almost makes me wish I had an MBNA account! NAT!