Mbna Cca

[ellen12]

Hi everyone

 

I have been sent this 'cca' from MBNA. It seems to be an acceptance form for an additional card. It has my signature and the date 1997. Is this enforceable?

 

[Fred Bassett]

Quite simply, no. It's not a credit card agreement, it contains none of the prescribed terms and conditions. Don't pay them a penny more.

 

Regards.

 

Fred

[Pinky69]

I can't read it but though the haze I can see it has none of the prescribed terms require for an agreement - cash limit, interest rate and repayment schedule. I take it you didn't receive any Terms and Conditions either. It is what it say it is - an acceptance form and nothing else. It is as enforceable as a roll of loo paper and that is par for the course for MBNA.

[ellen12]

Thanks Fred. It is a bit complicated but at the time MBNA offered this additional card. I already had a card from earlier that year from them. I think they sent this one for more flexibilty. So i had 2 cards both with their own account number. So in essence I had 2 accounts with them. One has a nil balance for a very long time. This one shown here is the 2nd card they sent Nov. '97 I owe £5000

[Fred Bassett]

I owe £5000 - allegedly

 

Is this the only paperwork you've had from MBNA?

 

Fred

[ellen12]

Hi Pinky There is a very shortened version of T&C's on the reverse. But no mention of default charges. This is shown on a separate sheet. I think they are not from 1997 because the default charge is £12.

[ellen12]

Yes Fred apart from what I think seem to be modern T&C's and a recent statement and a letter saying I am behind on payments.

[Fred Bassett]

Yes Fred apart from what I think seem to be modern T&C's and a recent statement and a letter saying I am behind on payments.

 

 

Ellen,

 

Have a look at this: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

 

You can see for yourself that what they have sent you is in no way enforceable.

 

It's up to you whether or not you pay them, but I can tell you that MBNA simply will not listen to any kind of reason whatsoever. The course for their furrow is already set and they plough on regardless. If you don't pay them, you will get a lot of 'phone calls and some very idiotic letters, postcards, pink pigs etc. and eventually, after about 6 months it will go to a debt collection agency.

 

It looks like they haven't got a leg to stand on though. Just remember the golden rule - NEVER talk to them on the 'phone.

 

Regards.

 

Fred

[ellen12]

Thanks Fred. I will send a non-compliance to the CCA 1974 tomorrow.

[themajor]

thats very similar to my mbna form i got from a cca request. they're clearly application forms though. on the back (if you've got this) are normally a shortened version of the t & c's. Mine had paragraphs 1-3 of the terms and stated that paragraphs 4-19 are on the full copy of the terms which would have been with the actual credit agreement. this would definitley not be enforceable though.

[ellen12]

Thanks Themajor On the back of mine is paragraphs 1 - 12 and it has a title of Financial and Related Conditions. they seem to be a short extract of T&C's. Nothing about a default sum. It is on another sheet they sent me but these are modern T&C's - not 1997!

[ellen12]

I have a clearer Pic. of the 'agreement' from MBNA.

 

lastscan.jpg - Image - Photobucket - Video and Image Hosting

 

Image of CCA - Photobucket - Video and Image Hosting

[angel_1]

am subbing as i want to go and check mine now

 

good luck maz

[Having_A_Knightmare]

There are Perscribed terms in the conditions.

 

Are tey part of the doc?

[ellen12]

They were on the back of the of the acceptance form sheet but don't know if they have been copied from another document they have.

[Fred Bassett]

Hi Ellen, you didn't post these up orginally, but you did say that you thought they were current terms and conditions. What made you think that? It's very difficult to read, but it does have a reference to 1997 on it.

 

Regards.

 

Fred

[ellen12]

trying to get a clearer pic of it.

 

[ellen12]

can't seem to get realy close up to the document, but it says they are paragraphs 1 - 12 and they are provisions contained in conditions 8 and 9 of the MBNA terms and conditions. i think they are from '97. no default charge sum on it. I think they are conditions when you first take the card out. i think the whole thing is part of the original application form. the bottom part of the form?