What is the end result of all these CCA requests- anyone ever won against MBNA? I am going through CCA request at the moment.

I have seen a lot of posts about MBNA and CCAs, but has anyone ever 'won' against them or had their debt successfully cancelled etc.?

Another attempt to scan in the document a bit bigger.

No prescribed terms in the application at all as per your advice. I guess Amex would argue they are in the separate T and Cs document- which they don't have a copy of that fits with when I signed up.

Don't know if this is too small to see the detail, but 2 key points under the CREDIT AGREEMENT REGULATED etc are :

' by signing below I confirm that I have read, understood and agreed to all the terms and conditions that form part of this agreement'

'I understand that the terms and conditions form part of this agreement'

How am I looking now? WHat are my next steps? Thanks.

File attached

T and Cs are 11 A4 pages long ! But they do refer to a £20 charge.I guess my point is that they are not embodied or even appropriate because they clearly are issued 6 months after I started. Will try to post copy of application I signed.

June 2003 was when I started and signed the application form. The T and Cs they sent were dated Dec 2003 which was the earliest they said they had available.

Sent letters to Amex and MBNA asking for CCA as per templates. No responses were received by the 12 days +2 limit, so I sent the follow up letter putting the accounts into dispute.

Still no reply from MBNA. Next steps??

Amex sent me a late reply providing a copy of the signed original application form dated June 2003. Also, they sent me ' a copy of the oldest terms and conditions that we hold for your account. The original terms and conditions are no longer maintained on our system, but the set provided is substantively the same as the original and should be suitable for your present purposes' ( This was a photocopied set with the date Dec 2003 printed on the top)

Also they sent me the current Tand Cs.

Interestingly, they then say that they have been advised that the agreement could only be unenforceable if it a) were not signed by me b) it didi not contain the prescribed terms set out in SChed 6 CCA 1974. Which they by implication feel they have done.

How am I doing here? Is the fact that I have only signed an application and the terms are no longer available and indeed seperate in my favour?

What do I do now? Thanks.

Sent letters to Amex and MBNA asking for CCA as per templates. No responses were received by the 12 days +2 limit, so I sent the follow up letter putting the accounts into dispute.

Still no reply from MBNA. Next steps??

Amex sent me a late reply providing a copy of the signed original application form dated June 2003. Also, they sent me ' a copy of the oldest terms and conditions that we hold for your account. The original terms and conditions are no longer maintained on our system, but the set provided is substantively the same as the original and should be suitable for your present purposes' ( This was a photocopied set with the date Dec 2003 printed on the top)

Also they sent me the current Tand Cs.

Interestingly, they then say that they have been advised that the agreement could only be unenforceable if it a) were not signed by me b) it didi not contain the prescribed terms set out in SChed 6 CCA 1974. Which they by implication feel they have done.

How am I doing here? Is the fact that I have only signed an application and the terms are no longer available and indeed seperate in my favour?

What do I do now? Thanks.

Interestingly, I added up ALL my charges inc interest, acc fees and od, returned standing orders etc and eventually got all of them refunded ( just under £5000). I may have been wrong to do this, but the bank did not even bat an eyelid or challenge my total sum.

Not sure how to advise you on this !

Ref Another account, I would open one asap, as it is better to do this in case the worst happens.

Just had an offer in full for £4700 plus legal costs from LLoyds this morning, just a few days before the Court Allocation deadline- which I had already sent back and paid the extra £100.

Obviously pleased to succeed, even though I was looking forward to my day in court. Interestingly, the bank lawyers still maintained that the legal basis was incorrect for my claim, but because of OFT discussions would not find going to court helpful, so will settle in full.

Should give you some confidence in going forward.

Just had an offer in full for £4700 plus legal costs from LLoyds this morning, just a few days before the Court Allocation deadline- which I had already sent back and paid the extra £100.

Obviously pleased to succeed, even though I was looking forward to my day in court. Interestingly, the bank lawyers still maintained that the legal basis was incorrect for my claim, but because of OFT discussions would not find going to court helpful, so will settle in full.

Should give you some confidence in going forward.