Hi, has anyone an opinion on whether the agreement is valid/enforceable and my chances of re.claiming the late payment charges (even the £12 ones)?

Here is what MBNA / Virgin sent me in response to my CCA request, Image hosting, free photo sharing & video sharing at Photobucket Any advise on whether it is enforcable would be appreciated. Many thanks

post count as advised, CCA agreement to follow

post count as advised.

post count as advised

Hi Rory, I'm seriously considering trying to claim the late payment fees back, how strong a case do you think I would have regarding this? Thanks

Hi, I've been reading up on this site. I CCA'd MBNA Virgin (sent recorded) as I have realised that my payments (direct debit) to them only just cover the interest and charges (£12 late payment and £12 over-limit) they apply to my account each month. After 12+2 days with no response I sent them an account in default letter (signed for on Tuesday) and cancelled my direct debit. Received today, postmarked Wednesday, Computer printout of my details, My CCA form, Current T&C - £12 default charges, Recent statement. I would be grateful if you knowledgeable people on here could look at what they sent me and let me know if they have an enforceable agreement. EDITED From what I can see, I think it is... APR and default charges(£25 at the time) are stated, credit limit is stated as to be "chosen by them". However, the form signed by me also states "See the rest of your terms and conditions (including definitions) which are in the leaflet enclosed" (only received current T&C). I believe this satisfies the CCA request (however not sure re T&C if MBNA went to court to enforce, don't they have to produce the T&C from the time account opened in court, not current ones??). On the issue of late payment charges, £12 now, previously £25 (not sure of the amount of charges over the life of the account, opened in July 2005). Can I claim back the late payment charges? They charge me every month for late payment (only 1 or 2 days late due to wages paid into my account 1 or 2 days after payment to MBNA due), but surely the payment could equally be seen as a very early payment for the next months statement? Should I S.A.R. them to see if there are many £25 charges and even £12 'late payment' charges? Many thanks for reading this, and any help / advise you can give.