Does this MBNA postal agreement satisfy CCA requirements ?

[obewan]

Just received attached documents from MBNA re a postal application with all CCA details on reverse of application - does this meet CCA requirements ?

MBNA.PDF

[42man]

Is the agreement largely illegible ? Am I right in thinking the date is 2000 ?

[obewan]

Is the agreement largely illegible ? Am I right in thinking the date is 2000 ?

 

 

Yes 2000 - copy difficult to read.

[citizenB]

This is a mailer application form. I have seen a few of these from different companies on the forum. What interests me is that the front of the application form has all the personal details. The backside has what would appear to be some prescribed terms on the bottom of half (under the dotted line) and the address of, in this case MBNA at the top.

 

I find it very odd that any company would produce a form that when folded in half would indicate the contents of the inside to be personal details of the sender and would be visible to all and sundry Even if this was a form that folds into 3 that particular section would be visible.

Edited November 4, 2008 by citizenB

[obewan]

yes but how enforceable is this ??

 

I assume as not " embeded" within the signature document - unenforceable ??

[42man]

It's whether or not you could convince a judge of this Obewan -

 

A valid credit agreement must contain certain terms within the signature document (s.60(1)(2) CCA 1974). These core terms are the credit limit, repayment terms and the rate of interest (SI 1983/1553 (6 Signing of agreement) which states that the prescribed terms must be within the signature document. (Column 2 schedule 6). s.61(1)(a) states the agreement must contain all the prescribed terms and be signed by both the debtor and on behalf of the creditor.

 

Further, s.127(3) CCA 1974 makes the account unenforceable if it is not in the proper form and content or improperly executed.

 

In Wilson and another v Hurstanger Ltd (2007) it was stated “In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties … and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under s.61 that all the terms should be in a single document, and backed up by the provisions of section 127(3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions, and the only question for the court is whether they are, on a true construction, included in the agreement”.

[obewan]

Has anyone founf the Financial ombudsman any help in resolving claims on validity of Agreements in relation to the Consumer Credit Act ?

[fedup74]

Hi obewan:) I've sent my complaint to FOS about MBNA not supplying enforceable CCA, selling account on whilst in dispute, trying to make me take out a loan and generally not listening to complaints. I will let you know the outcome, but I have a feeling I'm in for a long wait!!

[obewan]

Hi obewan:) I've sent my complaint to FOS about MBNA not supplying enforceable CCA, selling account on whilst in dispute, trying to make me take out a loan and generally not listening to complaints. I will let you know the outcome, but I have a feeling I'm in for a long wait!!

 

 

Thanks .. I have also complained about MBNA - not responding, looks like we are in the same position !

 

Cheers

[fedup74]

Well at least we have cost them £800-£900:D Makes a nice change doesn't it?

[Windywoo]

IMO you're wasting your time!

 

I complained to the FOS regarding an agreement MBNA had supplied me with. They were very non committal, and said it would be up to a court to decide whether it was enforceable!

[creditcardmug]

IMO you're wasting your time!

 

I complained to the FOS regarding an agreement MBNA had supplied me with. They were very non committal, and said it would be up to a court to decide whether it was enforceable!

 

That seems to be the consensus on here, the one good thing is the creditor has to pay £450 to be investigated.

 

I suppose if enough people complain to them, one day they will have to do something to earn their salaries.

[100mel]

The FOS is about as much use as a chocolate teapot - I have another complaint with them on Cabot but only because I want to show in court that I've exhausted all possible means. Seems to me that despite CCA - no agreement in place etc they just side with the DCA. Hopefully, if enough of us complain to the FOS at a cost of £500 re Cabot it will make their owners in an even worse plight and be even keener to offload them

 

Mel

[42man]

I agree, the FOS seem to take sides on the most part of the banks....160+ harrassing calls and they did nothing which in my view means they don't feel that, up to 8 calls a day is harrassment despite what the OFT, TS and Ofcom say....and then missed the plot on excessive charges....!!

[Josie8]

The FOS will merely say that the question of unenforceability is for the courts to determine and will then witter on about how you have borrowed the money so should therefore repay it etc etc etc ............ Think they're a member of the same old boys club that the FSA, Trading Standards and the Banks are.................. Still it does cost the banks £450 for each complaint you make.

[Dollydoo]

The FOS have just told me that the question of unenforceability is for the courts to decide and then bleated on about my having had the benefit of spending on the credit card so I do owe the debt. seems a pretty pointless exercise complaining to the FOS re credit agreements. I'm now waiting to see what will happen next.