TONKA v MBNA MONEYCLUB

[banker_rhymes_with]

Hello M1!

 

BRW could you pop over to the Lloyds site i have a CCA that needs

looking at...

 

 

No problem, will do.

 

I'm still learning, so am by no means an expert. But if I can help at all, be glad to do so.

 

The more eyes to look at these things the better, as between us, someone can often spot a way to help that was overlooked at first sight.

 

Cheers,

BRW

[Tonka99]

Hi BRW

 

very busy here today things are looking up ,not been on the site

many thanks for looking around my threads

with regard to this MBNA cca it arrived in an envelope A4 it has a

large black line down either side with details on front fixed sum

loan agreement by the consumer credit act 1974 on the reverse

are further terms and conditions its such small writing that i am having

to use a magnifying glass to read it ,in the letter atached to it it says

i am pleased to enclose a copy of your signed agreement forms.

any thoughts as to what can be done if anything , still no sign of

the other cca,s from them .

very many thanks for your time

 

cheers 4 now M1

[banker_rhymes_with]

Hello M1!

 

If this is the same one that is shown on Post #1, that one does look reasonably clear, albeit that the writing is small and not easy to read. If it can be read, then they are OK on the "Readily Legible" issue.

 

But if the Signature Dates are such that they pre-signed it before you, i.e. it arrived already Dated and Signed, then my comments in Post #4 should still apply.

 

I believe you mentioned the Signature Dates were signed Them then You...

 

i signed 21.03

They signed 18.03

 

 

If you check out Davefirewalker's long Thread...

 

CCA's and Dave against the world !!!

 

Dave was in a similar position I think, and the MBNA offered him a 50% reduction in the Loan Balance out of the blue. He had, at that stage, only asked for a Copy of his Agreement via S77, and an S.A.R - (Subject Access Request). For them to do this out of the blue, suggests they already knew they had messed up in some fundamental way.

 

If you can, try to get one of the CAG Legal bods to review, as I have yet to see how far I can go with this myself. Thus far, my comments at Post #4 are what I have researched about this, both here on CAG and via the Web.

 

I think you may be wise to spend £10 and submit a Subject Access Request to them, as that may add additional background to see what they think they did send to you after the Agreement was Executed. However, whatever they think they sent, I believe the Law requires that they must also be able to verify that they complied with their obligations.

 

As I understand it, as it was a Cancellable Agreement, they had 7 Days after Execution to Send you a Copy of the Agreement along with a Cancellation Notice. Failure to do this, means a Court cannot Enforce the Agreement under s65(1) because s127(4) doesn't allow them to if they failed to comply as required.

 

This is my own interpretation, perhaps others can take a look and comment on this.

 

Cheers,

BRW

[Fred Bassett]

Fred

 

re post #14 - I don't think it's a criminal offence not to comply with the CCA

 

Steven,

 

I got the template from this site although I'm damned if I can find it now.

 

Regards.

 

Fred

[steven4064]

Steven,

 

I got the template from this site although I'm damned if I can find it now.

 

Regards.

 

Fred

I have that problem all the time. I've started downloading stuff onto my PC but now I can't find them on my PC

[Fred Bassett]

Steven,

 

I was more concerned with whether I'd put the wrong thing on my letter, i.e. whether or not it's a criminal offence.

 

Regards.

 

Fred

[steven4064]

I was more concerned with whether I'd put the wrong thing on my letter, i.e. whether or not it's a criminal offence.

I was being pedantic - I don'th think it matters.

[Tonka99]

Hello All

 

udate ; MBNA Business are out of time with the cca , had letter today ,we have been unable to contact you , please cll us immediately ,

failure to do so may result in futher action being taken to recover the full outstanding balance on your account .

 

M1

[Tonka99]

Hello all

 

Have had returned this cca from mbna could some kind person please

take a look for me its a cc taken out in 2004 .

 

http://i302.photobucket.com/albums/nn99/sexeysarms/aolcca.jpg

 

http://i302.photobucket.com/albums/nn99/sexeysarms/aol2.jpg

 

http://i302.photobucket.com/albums/nn99/sexeysarms/aol2.jpg

 

 

http://i302.photobucket.com/albums/nn99/sexeysarms/aoltc3.jpg

 

btw this came back on the 19th day !!

 

to me it looks like the t/c are on the back , its only 1/4 of a A4 page

as are the t/c .

 

very many thanks to all who have looked .

 

Regards T99

[rory32]

to me it looks like the t/c are on the back

So why do they have a different refence number then? If they were on the back they should have the same reference number as the front of the form.

[banker_rhymes_with]

Hello All!

 

The Terms seem to jump from 3B to what looks like the latter part of 5A, as there's some Text before you get to 5B. There's a bunch of stuff missing from 3B until 5B, although there is the tail end of what must be 5A (otherwise why is there a 5B).

 

Plus the Terms from ...5B onwards are on suspiciously clean Sheets of what looks like A4 Paper. None of that seems to relate to the first two Crabby Pages which look to be from an Application Form mailer folded many times.

 

My guess is they have a Scan of the Page you Signed, then a Scan of another Page that, as Rory32 has pointed out, seems to have wacky References that do not relate, then they have just Copied further Terms from some other Document.

 

The key will be to work out if the first two Pages come from the same Document and, between them, does the 1st/2nd Page have ALL of the Prescribed Terms.

 

If one is missing and contained on the "Clean Sheets", then I would suggest this is not Enforceable as at least one Prescribed Term is missing from the "Four Corners" of the Agreement Document...possibly all may be missing if Page 2 is not part of the same Document as Page 1.

 

Page 1 does not seem to have any Prescribed Terms.

 

If all they have is a Scan of 1 and 2, then I think they could well have a hard time making this one Stick as being an Enforceable Agreement.

 

Hope this helps.

 

Cheers,

BRW

[Tonka99]

Hello all

 

First many thanks to Rory and BRW for their time and thoughts

 

from what you say it would appear that this was a mailer i cant remember

we have moved so many times cant find much of the things i need .

the 1st and 2nd pages do seem to be a little torn around the edges ,

across the top of no1 is a date stamp 01 05 my signeture is for 12.04

the clean sheets are pre 06 as the late payment charges ect are £12.00

as in no1 they are £25.00, also on no1 or 2 there is no box for ppc which

i have been paying , i am selfemployed and have been for nine years .

Any thoughts on what to do next

 

many thanks to all who have looked

 

cheers T99

[steven4064]

The PPI is an issue - if you were self-employed when you signed up there is no way that PPI is apprpriate as they wouldn't pay out on it. Therefore you have either

 

a ggod case that you have been paying for someting you didn't agree to (box is not ticked), or

a good case that it was mis-sold

 

Either way you can claim all those payments back.

[Tonka99]

Hello again

 

Im back again with another cca could some kind person please take a look

and advise

 

http://i302.photobucket.com/albums/nn99/sexeysarms/ccarobfront.jpg

 

http://i302.photobucket.com/albums/nn99/sexeysarms/frontcoverrobcca-1.jpg

 

T/c are the same as AOL already posted

 

many thanks to all who have looked

cheers T99

[banker_rhymes_with]

Hello T99!

 

I regret it looks to be Enforceable, but I'll have another look in the Cold Light of Day.

 

I think the Prescribed Terms are all there, but does it have your Name/Address and both your Signature and theirs?

 

Others may spot something I've missed.

 

Sorry this is not better news, so far!

 

Cheers,

BRW

[Tonka99]

Hello BRW

 

thanks for looking , yes ive signed it but dont see they have ,all there

is at the top left hand corner is someones name , its not in a box or

anything which says on behalf of mbna .

 

I think now would be a good time to send a SAR to these bods at least get back what i can to reduce the debt.

 

cheers till later

T99

[banker_rhymes_with]

Hello T99

 

yes ive signed it but dont see they have ,all there

is at the top left hand corner is someones name , its not in a box or

anything which says on behalf of mbna

 

So it may be improperly executed, which is better than nothing!

 

Yes, hit them with a Subject Access Request, £10 Fee and send that Special Delivery. 40 Calendar Days to Respond.

 

There are some good Template Letters for the S.A.R - (Subject Access Request) on CAG, as you may wish to send them a general one, or an onerous one that demands every last scrap of detail. You need to think about what you want back from this, and send them the SAR Letter that is appropriate.

 

If you think they may have additional things like Telephone Call Logs that could support a Harassment Claim, or Counter-Claim, then make sure your SAR Letter asks for any such detail. Sometimes you need to spell out what you need, even though they ought to send you the lot.

 

Many bankers will just send you the minimum, unless you make it quite clear, in Tiny Tot language, what you must have.

 

I hope this helps.

 

Cheers,

BRW

[Tonka99]

Bump

[Tonka99]

Hello all

 

update on the loan , ive recieved a letter from our friends today .

its on the thinest A4 copy paper ive ever seen have a look !

 

http://i302.photobucket.com/albums/nn99/sexeysarms/loanmbnaletter.jpg

 

been hand written , came in a brown envelope again hand written .

 

Im thinking because this agreement is pretty much ok i might go for

the much reduced payment , i do realise that i will be paying for maybe

the next 500 years :o

"There is an issue with the ppi as im selfemployed and have been for years , maybe get them off my back now and go back for the charges

and ppi later.

 

Any thoughts advise

thanks to all who have looked

 

cheers T99

[steven4064]

The other (possibly best) option is to let them take you to court and then counterclaim for the charges and PPI - that will give them a real headache

[Tonka99]

Hello all

 

Been looking at this one and think maybe its time to kick a**

 

they have charged me £25.00 for PPI each month for 3 1/2 years

and unless they can prove i signed somewhere then i want it back,

cant read the t/c on the so called back of the agreement is not much

good , in the other pre 2006 t/c the annual interest is 34.9%

plus they have not signed it.

 

Im ready now for the WAR any help would be great

 

thanks to all who have looked

 

cheers T99

[steven4064]

I think what you do is to start a claim for repayment of PPI payments plus interst at 34.9% on the basis that

 

a) you never agreed to pay it

b) it would have been useless anyway as you were self-employed at the time

 

You follow exactly the same procedure as reclaiming bank charges.

[Tonka99]

HI guys

 

Many thanks for the advice ,well if you guys are there to help then

sure i will do just that been looking at all the letters they have sent

regarding this loan and maybe your right in as far as they keep threating

and have been since Jan this year its all if you dont pay up we will shot you

then the next week they say would you like some help lower payments

do they know something i dont .

I have even had a loan application from AFB with a ref MB*****

now thats not nice

any way its time to make a move with this bunch of carrot crunchers

cant sit on it much longer .

 

thanks guys

 

cheers T99

[Tonka99]

Hi Steven

 

Thanks for your prompt reply , unfortunatly i dont have all the statements

and am going to have to do a SAR , now because i have 5 issues with this

lot do i just send 1 or 1 for each or like i have to BC send 1 with all the

account no,s on it

thanks

T99

[steven4064]

You only need one SAR - putting al the account numbers on will make sure they don't forget anything