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MBNA - Link Financial - CCA Response


weller711
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i have received a response from the above regarding a card taken out in 2001, paymenst have been made since so it is not statue barred.

 

The Agreement itself is hard to read so no point in posting it on here, have looked at Peter Bards "Is My Agreement Enforcable" and have come up with the following, I have signed and dated it and so have they, it doesnt state that it is an application form, it just states application or agreement in the terms and conditions, it does give me the right to cancel. Though it doesnt state the exact credit limit given to my account, it does have a box quoting various credit limits and giving the interest rates for each one, for example if the credit limit was £1000 the APR would be 14.9%, balance transfer would be 1.9% and the cash advance would be 3.5% and all of these have a different % after after 6 months.

It also states they will choose the first statement date and that future ones will be approx one month apart and does state the repayment %.

 

The part they have sent me is the "Signature Form" and then another page stating "Financial & Related Conditions.

 

Though it does state in one part that "You agree we will use a credit scoring or other automated decisiion when assessing your application but it then goes on to say "You agree that we maay make such enquires as we consider necesary in connection with this or any future application or agreement with or any memeber of te MBNA group.

 

Looks like I am snookered with this one doesn;t it.

Any thoughts very welcome, thank you

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Thank you, unfortunatly I cant do that for two reasons, my printer is broken and even if I could scan it it would be very hard to read as even I have had to use a magnifying glass to read some of it!!!! The written parts I've got take up less than 1/3 of a A4 sheet.

Thanks for replying though.

 

My name and address are printed on it so it look like they have either sent me an agreemnet to sign or it was just a standard mailer if that make sense.

 

It also states:

 

Please issue an MBNA Credit Card to me and if applicable, to the person I have named as |Additional Card Holder. I confirm that the information given is tue and complete. I have received a copy and agree to be bound by the MBNA Credit Card T&C's and I understand that I am responsible for paying any balances due on my credit card account. I understand that MBNA reserves the rigght to issue a Gold or Standard card which will have a lower credit limit.

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Remember Weller the agreement must be legible...and bear in mind that they must provide the original if it ever got to court.....I would also take a look through other threads with MBNA CCA requests.....if you can scan it and post it here even better as FH says....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)

 

2 Legibility of notices and copy documents and wording of prescribed Forms

 

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily

distinguishable from the .

 

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed

agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act

without any alteration or addition, except that--

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed

by these Regulations; and

(b) every Form shall be completed in accordance with any footnote.

 

 

 

 

 

 

I hope this helps

 

regards

paul

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Thank you very much Paul, I'll try and compose a letter to that effect, erm....................

 

Do you think/can you tell even, if the agreement looks enforcable itself?

As said, i've looked at Peter Bards "Is Your Agreement Enforceable" and whilst it does meet some of the terms persccribed, does the actual credit limit have to be on the document, or can it just be a general term and it kind of contradicts itself by saying it is both an agreement and an application as posted in my first post :-?

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Hi,

 

until such time as they supply a legible document, how could you possible tell if its enforceable

 

simply write back to them pointing out that under the above regulations, they have to provide you with a legible document. the document that they have sent clearly doesnt comply with the regulations

 

regards

paul

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Ok Thanks - sorry if I offended you,

 

Hi Weller

 

im very confused:confused:

 

nothing you said offended me,sorry if i gave that impression as it certainly wasnt intended at all:o

 

 

i was merely reaffirming the fact that what they have sent is non compliant and until they send you a legible copy there's nowt we can do

 

 

Kind regards

paul

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Its ok - just thought you might have thought I was stupid - having a very bad day so apologies. My head is spinning with all the DCAs and I just feel like topping myself - they are all just passing it on, making more threats etc etc and you wouldn;t believe the thickness of my files!!!!

You've always been nothing but kind to me

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Have now received a reply to the letter I sent re: Pauls post above.

 

It states that it is legible, that Link Financial can clearly read it and that as I am avoiding paying the debt, doorstep collectors will now be instructed to call along with the usual threat of court action.

 

*Bangs head against brick wall*

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It depends where you want to go with this but in court they would need to produce the original agreement and show that the two pages are linked as part of a single document.....

 

If you are prepared to go to legal action then try something like this

 

Dear…..

 

Thank you for your letter dated

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

I am of the opinion that the copy of the agreement does not comply with the conditions set out by the Consumer Credit Act 1974 s.61.(1) which states that an agreement must contain certain prescribed terms, the Consumer Credit Act ( Agreements) Regulations 1983 s.6 sets out how these terms should be contained with in one single document and if not, is not enforceable by the court Consumer credit Act 1974 s.127(3) , recent case law Wilson V Hurstanger Neutral Citation Number: [2007] EWCA Civ 299.

 

Furthermore, please note that I am only prepared to communicate with you in writing. Should it be your intention as you have warned to arrange a “doorstep call”, please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone from a doorstop collection service company to visit me and should it be necessary, I will seek an injunction.'

Live Life-Debt Free

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  • 2 years later...

hi folks, i have just one like this lads,does anybody exactly how to reply and thet've got my telephone number, called me, i refused to confirm or deny anything and asked them to send everything in writing, dont know how they got my number as its ex directory and only family and work got it. no idea what to say to them, please, if you can, help

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