MBNA CCA received from DLC

[Salfordian]

Hi All-

 

a while back I posted on here about DLC chasing me for a debt I had with MBNA and how abusive and unprofessional their beahviour. On the advice of some back in May I wrote to them seeking a copy of the original CCA.

 

Finally today I received this- do you think it is enforceable. I don't want to shirk my responsibilities but as I stated before, I was trying to pay this off and they were being so difficult about it at every turn. The debt is a little over £3,000. I still don't know if they have bought the debt or are simply enforcing it.

 

 

 

BTW I simply erased my name- it was not left out of the application

Edited August 20, 2008 by Salfordian

[Salfordian]

I should add that it seems to be a photocopy and this was also attached to it

 

[creditcardmug]

Is the second scan the back of the first? does it say T&Cs overleaf above your sig?

[Salfordian]

Is the second scan the back of the first?

 

No it is a separate sheet

 

 

does it say T&Cs overleaf above your sig?

 

 

you mean just above my sig? It says I have the right to cancel and exact details of how and when will be sent to me by post.

 

Then it says- This is a Credit Agreement regulated by the Credit Consumer Act 1974. Sign only if you want to be legally bound by it's terms.

 

 

 

At no point does it say the terms and conditions are over-leaf either before or after my signature. It only says underneath the part entitled Principal Cardholder's request and declaration- Before you sign the agreement you must read condition 11 in the terms and conditions provided. I don't know if it says 1.1 or 11. But there is no condition 11.

[creditcardmug]

Well IF they could show in court that the second page was part of the agreement, then it would be enforceable IMO.

I think the only way they could do that is if they have the actual original, but you have no way of knowing that at this stage.

I cant actually read what it says but the prescribed terms appear to be on page 2

[Salfordian]

it doesn't actually state the amount of credit at any point. It just says that from time to time they will choose the credit limit and notify me of it. In relation to payment it just says- By the payment due date shown on the relevant statement you must make at least the minimum payment shown. It says they will choose the first date of the first statement and later statements will fall one month apart As for the APR it says - it depends on limit and transaction and gives examples of credit limits in relation to retail and cash advances.

 

Under the section about loss or misuse of cards it says-

 

 

Set out below are the important financial and related particulars taken from conditions 1&2 of the Virgin Credit Card Terms and Conditions. Conditions 1 and 2 and the other conditions referred to in these paragraphs and the applicable definitions can be found in the full Virgin Credit Card Terms and Conditions enclosed which form part of the Agreement between us and you.

[Salfordian]

Not sure if it makes any difference but I'll mention it anyway...

 

On the first page under the part where it says Representative Use Only it asks

 

if the form has been completed by the customer and it's marked "no".

[Hopeful1]

Mmmm, i'm hesitant with this....

 

...as Creditcardmug has pointed out, the page you have signed should have a clear link to the T & Cs which i cannot see. However, it could be a risk to allow it to go to court. If they did have a true linked agreement you would be in trouble. I am doubtful they would have, but you never know.

 

Have you done a S.A.R? It may be worth it to see what paperwork comes in that.

 

Do you think there are any charges on this? If so, i would start reclaiming.

 

Can you rememeber where you filled this form in?

[Salfordian]

Just bumping this thread for relevance.....(ps- did not see your post til now Hopeful1 so please accept my apologies for not responding)

 

Shortly after I recieved this CCA, I was advised by Hillesden that the account would now be returned to the handlers and they would be in contact regarding making payments. That was in August 08.

 

 

Only last week did I get a letter from DLC claiming they were working on behalf of Hillesden Securities and were contacting me regarding the debt account.They asked to contact them immediately at the number they provided and that "failure to respond to this letter may result in further action which could increase the value of your debt. If we do not hear from you within the next 7 days we may visit this address to confirm the information we hold."

 

 

Advice on my next move please? Do they seem like they are starting from scratch? They did not identify the credit card company. Can I say I acknowledge no debt to DLC or Hillesden Securities and request a CCA and proof they own the debt and should I tell them they cannot visit my property?? They seem really inept.

[summerbreeze]

Subbing to this interesting thread

[Salfordian]

bump! sorry. still need advice as 7 day warning from them is up tomorrow.Thanks.

[creditcardmug]

Yes basically send them a prove it letter, whilst protesting you have no idea what they are talking about.

 

I dont have a letter for this but i do for doorstep visits, ill post that up so that you can incorporate it into the letter.

 

Further to this all calls from your Doorstep Collectors must also cease unconditionally and with immediate effect. I note 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.).

 

Take note, I revoke license under English Common Law for you, or any of 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 to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.

 

[Salfordian]

Many Thanks CreditCardMug. I appreciate it. They are such a nightmare. I wanted to pay this off but they have made it nothing but difficult and have been continually hostile.