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Help with MBNA CCA


shaaarn
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Would anyone be able to help me, Ive received a copy of my CCA 36 days after my request.

 

Could someone have a look at this and let me know if this is a valid CCA?

 

A second document will be added next.

 

Many thanks.

cca1.jpg

cca2.jpg

cca3.jpg

cca4.jpg

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The images are too small for my myopia to cope with I'm afraid shaaarn. Could you use photobucket or similar to upload & also scan as complete pages rather than pieces?

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Ive rescanned these and added them to photobucket, hopefully you will be able to see them and any help would be appreciated greatly-

 

http://i255.photobucket.com/albums/hh148/shaaarn/cca.jpg

 

http://i255.photobucket.com/albums/hh148/shaaarn/ccaback.jpg

 

Can someone advise as to whether these are correct.

 

Many thanks

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Well at first glance shaaarn, I would say this would be difficult for MBNA to prove enforceability unless they can show:

1. Scan 2 is related in some tangible way to Scan 1 as

(a) there does not seem to be any ref. to scan 2 on scan 1

(b) scan 2 has 2001 ref. at the bottom whereas scan 1 is dated Nov. 2002 (which is possible but grounds for query) - you would need to check if the interest rates on scan 2 were actually in force in 2002.

© scan 1 has dotted scissor lines, scan 2 doesn't.

2. There is mention of Condition 11 in T&Cs but where are the related T&Cs? If they cannot be produced with some linkage to your agreement, why not? Again suspicious.

 

I would def. query it as unenforceable but if MBNA were to take you to court, you should insist on the original agreement being supplied & you would have to prove to a DJ that this def. did not comply with the provisions of the CCA1974, quote previous judgments re. 'links' etc.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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I have also been provided with some general terms and conditions.

 

 

Do the T&Cs they supplied come from 2002? ie. are they fudged up from a recently issued T&Cs? If so, they cannot be linked to your agreement & are therefore irelevant.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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