my cca finally here??

[stressed mum!]

Hello have subbed to a few of the MBNA threads, I requested hubbys cca on 1 march and it came yesterday could you have a look and tell me what you think,the letter that was sent with it say's it all really!! I saw a letter posted on the underhand tactics thread that I think I might be able to send but let me know if I'm wrong

Thanks a very stressed mum!!

 

http://i120.photobucket.com/albums/o181/ag04ldg/mbnacca.jpg

 

http://i120.photobucket.com/albums/o181/ag04ldg/mbnacca2.jpg

http://i120.photobucket.com/albums/o181/ag04ldg/mbnacca3.jpg

[Gazza112]

Hi Stressed Mum

 

When was this account taken out.

 

Gaz

[Mightyacorn]

You got more than I did.....

MBNA pictures by mightyacorn2008 - Photobucket

 

Nothing with a signature on at all, yet they think it's enforcable!!!

Edited May 23, 2009 by Mightyacorn

[stressed mum!]

Hiya Gaz and mighty acorn,

just had a look and it was 13.07.04 now I think it's unenforcable the T&C are 4 pages which they say are applicable and a recent statement and the apr is on a seperate page from the signature I am still learning with all this but getter better daily with the help of people on here what do you think??

[Gazza112]

Hi Stressed Mum

 

Yes, not sure but as you say it's unenforceable.

It's probably the same as i received from Abbey/MBNA.

I've got two Court cases going on at the moment with MBNA (Howard Cohen/CL Finance).

 

I don't know weather you've seen my threads, but here's the links to them both.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/197454-gazza112-abbey-mbna.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/162249-mbna-cca-agreement-help.html

 

 

Gaz

[stressed mum!]

Thanks Gaz have subbed, yes your agreement does look the same crdit amount on the same side as signature and apr on the reverse but very small now I know there's a letter I can send about it not being eligable to read must go look for it x

[AA99]

You got more than I did.....

MBNA pictures by mightyacorn2008 - Photobucket

 

Nothing with a signature on at all, yet they think it's enforcable!!!

 

 

I had that same letter a few months ago now, but after involving the ICO to force their hand with an SAR, they also came up with a signed original of my CCA. Be careful.....

[Mightyacorn]

I had that same letter a few months ago now, but after involving the ICO to force their hand with an SAR, they also came up with a signed original of my CCA. Be careful.....

 

I've just SAR'd them, I'll wait and see what turns up. I think I would rather know now, though, that they've got an enforceable agreement, than go to court and be made a fool of.

[stressed mum!]

I've just SAR'd them, I'll wait and see what turns up. I think I would rather know now, though, that they've got an enforceable agreement, than go to court and be made a fool of.

Hope you've had a good bank holiday

I agree with you on that one (SAR) I am going to send a letter telling them it's unreadable ect I know I've seen one on here if you come across it could you give me the link I might have it on file not sure? See what I get back or do you think I should just send the SAR??

Thanks x

[landy_alert]

Hi Stressed Mum,

 

It's a good idea to send the SAR, but do be prepared for plenty of delaying tactics on their part:eek:

 

When I sent off for OH's SAR earlier in the year (typed as if sent by OH, but with printed signature) I initially thought they had complied as they responded, reasonably quickly too, with lists of transactions and charges. However, the more I read on here the more I realised this wasn't the full SAR as per the letter I had sent, so I sent off a non-compliance letter.

 

They then stated that they couldn't proceed without further proof of ID, such as driving licence or passport, which apparently for a SAR they are quite within their rights to do. Perhaps naively, at that point I never took it any further, as we had the list of charges which was (I thought) the main purpose of the request.

 

I now realise it would have been useful to have seen whether they would have produced a different copy of OH's CCA or indeed any CCA at all for his second account, for which we still have received nothing back to the CCA request.

 

I would therefore advise if you do send off a SAR that you do sign your name but over a printed background of some kind so it cannot be lifted or amend your sig in some way so you would recognise it again if it was lifted and used;)

 

Regards,

 

Landy x

[stressed mum!]

Thanks Landy Hope you are ok.

Funnily enough just sat here with O/H paperwork now wondering what to do.

As you can see from the photobucket copy it's not even readable in some part's!! Think I might send of an SAR to see if anything different comes back.

have just got one back for Natwest which I am not looking forward to bank statement's from 2003!! to claim for charges.

This site has kept me going over the past few months could have been in a much worse situation if I had'nt of found it and am glad I'm fighting back though sometimes it's a bit difficult with 3 little ones nipping your ankles!!

But they can't take what I've not got,

Thanks for your advice xx

[citizenB]

Hiya Gaz and mighty acorn,

just had a look and it was 13.07.04 now I think it's unenforcable the T&C are 4 pages which they say are applicable and a recent statement and the apr is on a seperate page from the signature I am still learning with all this but getter better daily with the help of people on here what do you think??

 

Unfortuantely, those 4 pages of current terms and conditions would not have been in force at the time you signed the document therefore they cant "refer" you to those.

 

See if you can match up your docs against those in the MBNA Documetn library, which is here

 

http://consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/609-mbna-agreementsapplication-forms

 

I am not sure what letter you are referring to, however it I find something I will come back with a link for it.

[stressed mum!]

Hello citizenb I have looked at the library with interest and there is one that is very similar from 2004 but I have a little bit missing the letter I was refering to was on the cagger against mbna thread post 834 which basa had written.

What do you think of o/h documents above??

[citizenB]

Hello citizenb I have looked at the library with interest and there is one that is very similar from 2004 but I have a little bit missing the letter I was refering to was on the cagger against mbna thread post 834 which basa had written.

What do you think of o/h documents above??

 

 

 

Not a lot

 

They might struggle in court if that is all they have and you put forth a strong argument on other issues, such as missing terms. Do I take it they mention "clause 11" on one page where there isnt a "clause 11" on the other ?.

 

Also, if they refer you to any other clause in that 2nd slip then that is a nono because all the presecribed terms should be within the 4 corners of the document (that can be a double sided document).

 

By no stretch of the imagination can 4 pages of t&cs be on the back of those slips

 

And do they really expect you to accept THEIR word that all the prescribed terms are on what is essentially a splodge of melted ink ?

 

What you have to accept is that they might find a legible document, although from what they say that is highly unlikely.

[stressed mum!]

Not a lot

 

They might struggle in court if that is all they have and you put forth a strong argument on other issues, such as missing terms. Do I take it they mention "clause 11" on one page where there isnt a "clause 11" on the other ?.

 

Also, if they refer you to any other clause in that 2nd slip then that is a nono because all the presecribed terms should be within the 4 corners of the document (that can be a double sided document).

 

By no stretch of the imagination can 4 pages of t&cs be on the back of those slips

 

And do they really expect you to accept THEIR word that all the prescribed terms are on what is essentially a splodge of melted ink ?

 

What you have to accept is that they might find a legible document, although from what they say that is highly unlikely.

 

 

Ha ha not sure about clause 11 I can hardly read it!

I am going to send off an SAR to see if they do have anything to be on the safe side

thankyou x;)

[citizenB]

Ha ha not sure about clause 11 I can hardly read it!

I am going to send off an SAR to see if they do have anything to be on the safe side

thankyou x;)

 

Well there you go then. I wouldnt believe MBNA if they were to tell me it was raining and I was stood knee deep in puddles

 

Yes, an SAR sounds like a good idea, you need to ask for everything, although they appear not to be able to produce statements and other information further back than 6 years. As they will need to prove any outstanding balance is correct, then they really do have to provide you with statements from the opening of the account.

[stressed mum!]

Thanks for all your help CitizenB your a little star!!! If you would like to use O/H cca in the library your more than welcome x

[angel_1]

hiya stressed mum

 

got to your thread today,,,,ive the same type of info like you,,,,,oh dear

 

only thing i would refer to you is that i personally would delete the credit ref and credit limit and get rid of that bar code too,,,only trying to protect you from prying eyes,,,,they do im sure they do:p

 

from your scan i mean,,,,,

 

well glad citizenB is getting all these agreements collated,,,,cos we can see what mbna really are about

 

im subbing to this thread and will support you anyway i can

 

take care and have fun all

 

laters angel x:cool:

[citizenB]

Thanks stressedmum, I am going to take a couple of weeks off from the library and will then do a further trawl to fill in any gaps. All I will do is copy the link over the image hosting company so your links will remain in your post.

[stressed mum!]

Hiya guy's got a reply today regarding my SAR they have requested proof of identity ie driver's licence or passport, if I do this they will have a picture aswell as signature I know to put lines through so it can't be lifted how will I do it for something like this so they can't transfer any info?? Any advise would be appreciated as I'm not sure how to do it xx

[Gazza112]

Hiya guy's got a reply today regarding my SAR they have requested proof of identity ie driver's licence or passport, if I do this they will have a picture aswell as signature I know to put lines through so it can't be lifted how will I do it for something like this so they can't transfer any info?? Any advise would be appreciated as I'm not sure how to do it xx

 

 

Hi stressed Mum

 

They did the same thing with me, i just replied that i did not have a driving licence or passport. I ended up contacting them by phone, but made it difficult when answering there security questions :grin:.

 

Gaz

[citizenB]

Here you stressed mum, Davey77 has posted this on his thread.... if you click on it and save to your computer, then just insert it where you need it on your letter.

 

 

 

CB.. try this:

 

 

Sign it lightly and put a line through it. Let them try to copy that and even if they do, you will notice.

 

 

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2223336.html

[stressed mum!]

Thanks CitizenB will do, do you think this will suffice even though they asked for a passport or drivers licence?? Thought only a signature was needed x

[stressed mum!]

Well a little update have still not recieved my SAR for husbands card but I got a lovely letter from them yesterday RE: Notice of potential court order on your property!

I was going to send them a letter reminding them that they still have'nt sent me my sar what do you think any advice would be greatly recieved I am expecting court papers in the next few weeks from natwest which is stressing me out!!! x

[stressed mum!]

I recieved my husbands SAR and they have sent a list of transactions, alot of computerised stuff another most recent T&C's but they have also sent an application form that has been filled out by someone else? My husbands sig is not on there and they have spelt his first name wrong (they have always kept it the same even though at the beginning we did give them the correct spelling).

They have stated that they are going to right of the debt at the end of the month and they will pursue several recovery actions available to them

they have phoned on numerous occasions and sent post saying they will come to an agreement with us (the usual stuff which I'm sure alot of you have had).

I am concerned now as my husband is going away at the end of the month working.

Any help would be greatly appreciated

thanks x