Ty xx

I am currently on long term incapacity benefit. I suffer from severe depression, sinus tachycardia, under active thyroid, and polysystic ovary syndrome. I am currently waiting an outpatient appointment for adult mental health services as my gp is worried about my mental health at the moment and this medical is the last thing I need right now. I received back in September the WCA questionnaire to fill in as they are wanting me to migrate onto ESA. I filled the form in with the help of the CAB giving them everything they wanted to know about my health etc etc. They failed to contact my GP for a medical report and I am very very angry that I am being called in for the dreaded assessment which is tomorrow!! I am concerned because my partner works full time and after tax etc he only takes home £18k a year; bearing in mind he pays the mortgage, and all the other bills, he could not afford to pay for me as well! I fear that if I loose my income I would not cope and as we are not married I fail to see why he should support me. If I fail the WCA, can anyone please tell me how to make an appeal, as I don't know what to do and am at my wits end!! Thanks xx

Fed up with people merging threads its confusing leave it alone!!

Just a quick question regarding a Halifax Credit Card I took out online in September 2006. I note reading through my original signed September 2006 agreement some errors:- a) Lender has failed to sign and execute the agreement b) No credit or amount of credit being shown c) Repayment information is completely missing Does anyone know if this means I have a good case of unenforceability or can I argue the agreement in any way over missing prescribed terms?? Thanks!!

Has anyone ever had any dealings with a claims management company Consortium Reclaim!!?? I have just recently paid the £800 to see if my Halifax Credit card is unenforceable as I took it out in September 2006. Thanks.

I instructed Bank Smart to deal with a Halifax Unenforceable case back in November last year. They gave me an address in Truro, Cornwall, in order to send correspondence to i.e. bank statements, etc etc. I received a worrying e-mail from Bank Smart this morning claiming never to have received bank statements etc etc at the Truro office!! However, the documents were signed for as I sent them special next day delivery. Bank Smart are claiming that the persons who signed for the paperwork don't work in their offices!!?? All the Police could advise me is to check for anything suspicios!! They can only get involved if something criminal occurs!! I am at my wits end as I sent bank statements, and a credit agreement to this address!! This address Bank Smart provided me with also appears on their website!! Can anyone advise me what to do now please as I am worried as to where my paperwork is!!?? Thanks!!

Yes citizenb, I have copy of original signed agreement dated September 2006, and a copy of a credit card statement with a 2006 date on it!!

I am very bewildered by what I have just received from Halifax Card Services. I signed a credit agreement back in September 2006 with them. My company [EDIT] recently wrote to them requesting under section 78 for a true signed executed copy. I am slightly confused by the response from Halifax. I was given a copy of my credit agreement by Halifax back in October 2010; This showed clearly my signature, etc etc. The so-called original copy of the credit agreement received today bears no resemblance to what I signed. It would appear to me that Halifax have [EDIT] altered my agreement without my knowledge or consent, what they sent me today is far different to what I was sent back in October. I think because Halifax knows of the April 2007 loophole, I believe my agreement has been altered AFTER sending me the copy back in October. Is this legal of Halifax??

I took out a Littlewoods Catalogue some way over 10 years ago. This was taken out long before the April 2007 criteria. I have never had a true signed copy of my executed agreement, and I have incurred over the years late payment fees. Does the criteria for unenforceability apply to catalogues as they are still credit!!?? Any advice please and template letters would be appreciated. Thanks and Happy Christmas xx

What is happening at the moment for people who have credit cards taken out before 2007?? I know I am having a company called [EDIT] looking at my Halifax Credit Card which I took out in September 2006. I hope I have a good chance of unenforceability for this one!! Any advice please. Thanks!!

Thank you rebel, I have sent them another letter saying account is in dispute. I also telephoned the Financial Ombudsman Service to tell them and they are not happy with it either. I have told MBNA that if they increase my rates I will go bankrupt as they are putting too much financial strain on me by upping my rates by 9%!! Hopefuly this might do the trick!!

Hi all, hope you are well. Just received an interesting letter from MBNA Considering my account is in dispute over a non executed agreement, the greedy buggers have sent me a ltter about raising my interest rate from 15.9% to 24.9% Aren't they greedy sods, even the rate of inflation aint 9%!! How can they get away with this!! I have sent them a letter about it objecting to the increasing as it will make the debt worse!! Anyone else got this problems with MBNA!!??

Thanks hun, the fact that MBNA have sent me a credit agreement that has not been executed as far as I can see I might seek advice about it as well. If I can't get anywhere with it, then I will do a balance transfer. Thanks for the help by the way!! xx

Thank you sweetie advice taken and understood. I do have a Halifax credit card which I took out in September 2006, which is currently being looked into so hopefully that one will be unenforceable!! I might just write to MBNA and ask them to stop adding the interest so that I can pay the balance only; see how they respond. If they dont then I can just do a balance transfer onto another card and avoid interest that way.

I finally received a so called "copy of executed agreement" from mbna. I am confused at this because of the following:- a: Copy is of executed agreement taken out in 2009, this has been electronically signed, but not signed manually i.e. My signature is not present b: A second agreement has been given to me with my new address, this agreement is unsigned and has not been electronically signed either also on the second agreement there appears to be no signature box either. I am confused with mbna how can they provide me with a second agreement when i have not signed it with my new address?? Is this legal - very confused?? Please help!!??

Thank you flowerchild you have been brilliant. I do have a Halifax Credit Card I took out in 2006 which am having that looked at. Do you think its a good idea to do a balance transfer from MBNA onto Halifax!!

MBNA have finally sent a credit agreement received 5 minutes ago through the post!! It says on their letter "copy of your executed agreement". When I read through it, I have not signed the agreement where it says "Signature of Customer". It does show a tick in a box to state that you accept it. Just spoken to the Office of Fair trading on the telephone and they say it ideally needs to be signed by the customer not just tick a box. I opened the account in 2009, so am gutted its not before 2007. Any advice if its legal without a valid signature??

The Financial Ombudsman Sevrice HAS told me if they cant produce an agreement within 30 days it won't go in MBNA's favour. It is still classified as a failure under section 77/78 if they cant produce one in 30 days. The FOS made this very clear which is why they are investigating my complaint against MBNA. The FOS also told me it was unacceptable for MBNA to ignore my letters and not respond as to where the CCA is. I have kept ALL letters sent to MBNA. I kept the receipt for the £1.00 postal order which I sent them for the £1.00 statutory fee which is what MBNA request LOL MBNA have not replied regarding the CCA; that have not said they have one or not!! Just ignored my letters!! How can you deal with a lender who wont reply to letters or state if they have a CCA or not!!?? Its frustrating but then again I've seen a lot of peeps who are in my situation with MBNA.

Thank you flowerchild, but as of yet still no CCA even after 30 days!! They haven't even said if one exists, ah well happy days MBNA!! LOL

Thank you peeps for all your advice; well I hope MBNA are going to get worried when they have 3 firms chasing them over an unenforceable agreement LOL I will keep you all posted how I am doing!! If MBNA cant give me a credit agreement I sure as hell dont reckon they can comply when Bank Smart challenges them for it!! Maybe MBNA in future needs to keep credit agreements LOL They dont have a leg to stand on now!!

Well, MBNA have not produce a CCA for over 30 days now!! The FOS said to me very clearly its an offence not to produce a CCA within 30 days of requesting it!! Bank Smart are NOT a claims management company; they dont charge upfront fees to check agreements, etc etc. I have written 2 letters to MBNA putting the account clearly in dispute and they have ignored my letters altogether; I was told by the FOS that because they ignored my letters this will go more in my favour!! I sent MBNA a £1.00 statutory fee that they requested on the 4th November, still no sign of a CCA!! MBNA are a bloody joke I say!!

MBNA have now officialy failed to comply under a section 77/78 request for a signed agreement. I have been told by a solicitor that if they fail to comply within 30 days, it then becomes a criminal offence!! Well after several letters since the 24th October, and a final letter sent today, MBNA now dont have a leg to stand on!! I have reported them to the Financial Ombudsman Service, and I have written to the Office of Fair Trading. Basically I have failed to have been given a signed credit agreement and its now gone over 30 days!! Why cant they just admit they dont have one to save all this aggravation!! I have also contacted a company called Bank Smart who are based in London and they state on their terms and condition that it becomes a criminal offence within 14 days!! They are going to check my credit agreement to see if its enforceable or if MBNA have one in general!!

Thank you rebell11 I have already done this and they have ignored it!!

I wrote to MBNA on the 24th October asking for my CCA. Waited 12 days, and no reply. Sent them a nasty letter on the 7th November 2011, claiming a section 10 notice. They suddenly sent a letter asking for a £1.00 statutory fee which I sent them recorded delivery. Since then, no response from MBNA, they haven't even sent me the CCA after sending them a £1.00 fee as requested!! I understand that if after 30 days they can't respond i.e. fail to comply, I can report the matter to Office of Fair Trading as they are committing a criminal offence. Anyone else fed up with MBNA over a non-compliance of a section 78 request?? Any advice please most welcome!! Thank you.

Thank you for the info. I have sent all correspondence to MBNA recorded delivery as proof letter was sent. I have also kept copies of the letters that was sent. I've seen a lot of unhappy customers of MBNA making similar comments to mine so I am not the only one. I will be seeking advice from a company called Bank Smart who are also dealing with another claim on my behalf. Will update this thread when I know more!! Thanks for the advice by the way!!