Mbna 'agreement' - now threat of legal action

[Gazza112]

Hi S

Sorry, I don't know what I have done wrong, do you know how to enlarge them? Not done this before

LK

 

 

Hi LadyK

 

Right what you need to do is the following.

 

first you need to scan your image, once you done that Open up the Photobucket menue. Upload the image to this program, once you have done that in photobucket you will get at dropdown menue. Choose the last option called img code. Right click mouse and copy, you can now paste your image code onto the forum.

 

Hope this helps you.

 

Gaz

[LadyK]

Thanks

Sorry, I don't have access to a scanner, is this the only way?

LadyK

[Gazza112]

Thanks

Sorry, I don't have access to a scanner, is this the only way?

LadyK

 

 

That's no problem just take the photo, then follow the details that i gave you with photobucket.

 

Gaz

[LadyK]

Hi

Think I may have done it (my son helped!).

 

http://i585.photobucket.com/albums/ss298/LadyK_20/mbna2.jpg

http://i585.photobucket.com/albums/ss298/LadyK_20/mbna1.jpg

 

Hope this is better.

LadyK

[cosalt]

Hi

Think I may have done it (my son helped!).

 

http://i585.photobucket.com/albums/ss298/LadyK_20/mbna2.jpg

http://i585.photobucket.com/albums/ss298/LadyK_20/mbna1.jpg

 

Hope this is better.

LadyK

 

Hi LadyK, it is pretty hard to read but from what I can see it looks ok

 

That looks like quite a late agreement to me and most creditors ( although not all ) tended to get their act together about 2004.

 

You really could do with getting a good copy posted up somehow then we can pick it to pieces for you

 

Cosalt

[basa48]

Hi

Think I may have done it (my son helped!).

 

http://i585.photobucket.com/albums/ss298/LadyK_20/mbna2.jpg

http://i585.photobucket.com/albums/ss298/LadyK_20/mbna1.jpg

 

Hope this is better.

LadyK

 

All I can see is the Interest rates may be misquoted.

 

It states APR at 15.9% as well as interest rate at 15.9% pa even though there are 3.0% handling fees for balance transfers, cheque and cash transactions.

 

I think also the prescribed terms (credit limit, rate of interest & repayments) are too much interspersed in other information.

 

A judge could find it unenforceable for those reasons, but IMO not a real deal killer.

[cosalt]

All I can see is the Interest rates may be misquoted.

 

It states APR at 15.9% as well as interest rate at 15.9% pa even though there are 3.0% handling fees for balance transfers, cheque and cash transactions.

 

I think also the prescribed terms (credit limit, rate of interest & repayments) are too much interspersed in other information.

 

A judge could find it unenforceable for those reasons, but IMO not a real deal killer.

 

You have better eyes than me basa

[LadyK]

Thank you for your replies everyone.

 

My main concern was that page is A4 size with three columns, but the reverse was only the width of two columns. I cannot make out what the black strip is supposed to be.

 

Also, in clause 3b it says "details of other service charges are set

out in section 4." ......... There is NO section 4 !

 

Next to this its says rest of T & C in encl leaflet - I didn't think they could do this.

 

Do you think the first column could have been pasted on? Or is this just wishful thinking.

 

LK

[basa48]

Thank you for your replies everyone.

 

My main concern was that page is A4 size with three columns, but the reverse was only the width of two columns. I cannot make out what the black strip is supposed to be.

 

Also, in clause 3b it says "details of other service charges are set

out in section 4." ......... There is NO section 4 !

 

Next to this its says rest of T & C in encl leaflet - I didn't think they could do this.

 

Do you think the first column could have been pasted on? Or is this just wishful thinking.

 

LK

 

Certainly very suspect. I actually think both first and second columns have been added. What are the almost box markings around both signature panels - as if they've been added from elsewhere??

 

And why two document references at the bottom, one dated 06-05, the other 09-05?

[LadyK]

Thanks Basa

 

I thought that the box markings were strange as the others are so clear!

 

There is also an 06-05 within column 1 and 2, if this is relevant.

 

The more I look at it the more I seem to notice, if it is genuine it was very badly done.

 

It has three points at the bottom of the cover page which don't tie in with anything if that makes sense- 'providing you.......' 'as long as you........' but doesn't say what happens if you do these. The other gives the telephone number of 'Customer Satisfaction Helpline' which is also gives at the bottom on column 2 on the reverse - but the telephone numbers are different??

 

Under right to cancel it says details will be sent but on the cover page it tells you. This also says 06-05 - now I'm really confused.

 

And so it goes on.

 

But where can I go from here?

 

Your advise is much appreciated.

LK

[citizenB]

Thanks Basa

 

I thought that the box markings were strange as the others are so clear!

 

There is also an 06-05 within column 1 and 2, if this is relevant.

 

The more I look at it the more I seem to notice, if it is genuine it was very badly done.

 

It has three points at the bottom of the cover page which don't tie in with anything if that makes sense- 'providing you.......' 'as long as you........' but doesn't say what happens if you do these. The other gives the telephone number of 'Customer Satisfaction Helpline' which is also gives at the bottom on column 2 on the reverse - but the telephone numbers are different??

 

Under right to cancel it says details will be sent but on the cover page it tells you. This also says 06-05 - now I'm really confused.

 

And so it goes on.

 

But where can I go from here?

 

Your advise is much appreciated.

LK

 

I think all you can do for the moment is to list all the discrepancies. This will throw sufficient doubt on the document.

[basa48]

I'm confused as to why MBNA have not sent me anything except the current T&Cs since I started asking them for my cca in mid Feb.

 

I've reminded them to send it at least 4 times since. Even sent SAR.

 

Now I get a letter saying they've 'terminated' the account and to return the card (no chance .... they're not getting proof of my sig.!)

 

What is the normal time scale from CCA to getting the 'agreement' ? I wonder if they can't 'construct' one because they haven't got a genuine sig. off me.

 

But then if they haven't got my genuine sig., how would they know that??

 

PS: I'm going to compose a letter requesting the agreement under pre-action protocol. They've got until next week to supply the SAR, then it's going.

[AA99]

I'm confused as to why MBNA have not sent me anything except the current T&Cs since I started asking them for my cca in mid Feb.

 

I've reminded them to send it at least 4 times since. Even sent SAR.

 

Now I get a letter saying they've 'terminated' the account and to return the card (no chance .... they're not getting proof of my sig.!)

 

What is the normal time scale from CCA to getting the 'agreement' ? I wonder if they can't 'construct' one because they haven't got a genuine sig. off me.

 

But then if they haven't got my genuine sig., how would they know that??

 

PS: I'm going to compose a letter requesting the agreement under pre-action protocol. They've got until next week to supply the SAR, then it's going.

 

The ICO got my SAR from MBNA for me, why not go through them:???: At least then you've used one of the authorative bodies. Easy to do online too

[the_shadow]

I'm confused as to why MBNA have not sent me anything except the current T&Cs since I started asking them for my cca in mid Feb.

 

I've reminded them to send it at least 4 times since. Even sent SAR.

 

Now I get a letter saying they've 'terminated' the account and to return the card (no chance .... they're not getting proof of my sig.!)

 

What is the normal time scale from CCA to getting the 'agreement' ? I wonder if they can't 'construct' one because they haven't got a genuine sig. off me.

 

But then if they haven't got my genuine sig., how would they know that??

 

PS: I'm going to compose a letter requesting the agreement under pre-action protocol. They've got until next week to supply the SAR, then it's going.

 

I got my application after making a formal complaint to MBNA asking for the doc, came back quite quickly after that.

 

S.

[WelshMam2009]

I'm confused as to why MBNA have not sent me anything except the current T&Cs since I started asking them for my cca in mid Feb.

 

I've reminded them to send it at least 4 times since. Even sent SAR.

 

Now I get a letter saying they've 'terminated' the account and to return the card (no chance .... they're not getting proof of my sig.!)

 

What is the normal time scale from CCA to getting the 'agreement' ? I wonder if they can't 'construct' one because they haven't got a genuine sig. off me.

 

But then if they haven't got my genuine sig., how would they know that??

 

PS: I'm going to compose a letter requesting the agreement under pre-action protocol. They've got until next week to supply the SAR, then it's going.

 

I've not even recieved terms and conditions for one of my accounts, despite reminding them several times!! Originally requested in Feb/March.

[odezi]

Hello All

 

My battle with MBNA is continuing. They and 1st credit are exhibiting some strange behaviours. They have sent me nothing, account is in dispute, yet they are using threatening behaviour. I have posted my updates on the link below. Any advice will be most welcomed.

 

http://www.consumeractiongroup.co.uk/forum/mbna/193699-mbna-cc-loan-settlement-2.html#post2161676

[basa48]

Hello All

 

My battle with MBNA is continuing. They and 1st credit are exhibiting some strange behaviours. They have sent me nothing, account is in dispute, yet they are using threatening behaviour. I have posted my updates on the link below. Any advice will be most welcomed.

 

http://www.consumeractiongroup.co.uk/forum/mbna/193699-mbna-cc-loan-settlement-2.html#post2161676

 

Normal for MBNA. Just keep reminding them without an agreement how can they expect payments?

[odezi]

I recently received one of my credit card agreement from MBNA. I should be grateful if someone could please look at it and let me know if it meets CCA 1974 requirements. It seems to be short on the terms and conditions it should contain.

 

On the second agreement they have asked HBOS for the agreement but they also say the following:

‘It may be helpful to explain that we are not required to serve a copy of the credit agreement which includes signatures, as the law expressly permits lenders to omit signatures from copies of all credit agreements. What we have to send is a true copy containing all the necessary material terms and conditions. For the avoidance of any doubt, all the necessary prescribed terms and conditions are included in the enclosed credit agreement.’

The problem with this statement is that they have not sent the second agreement. All they have sent is a recent terms and conditions with rates at 34.9% which definitely was not the rate when I took out the card in 1999.

 

I should be grateful if someone could please advise me on how to proceed with both agreements.

[basa48]

I recently received one of my credit card agreement from MBNA. I should be grateful if someone could please look at it and let me know if it meets CCA 1974 requirements. It seems to be short on the terms and conditions it should contain.

 

On the second agreement they have asked HBOS for the agreement but they also say the following:

‘It may be helpful to explain that we are not required to serve a copy of the credit agreement which includes signatures, as the law expressly permits lenders to omit signatures from copies of all credit agreements. What we have to send is a true copy containing all the necessary material terms and conditions. For the avoidance of any doubt, all the necessary prescribed terms and conditions are included in the enclosed credit agreement.’

The problem with this statement is that they have not sent the second agreement. All they have sent is a recent terms and conditions with rates at 34.9% which definitely was not the rate when I took out the card in 1999.

 

I should be grateful if someone could please advise me on how to proceed with both agreements.

 

Your attachments are far too small to make any assessment at all. You're best putting them on Image hosting, free photo sharing & video sharing at Photobucket and posting a link to them.

 

As for HBOS, they are fobbing you off. Maybe because they haven't yet dug your agreement out of their archives, or they can't find one. Certainly what you describe as what they have sent so far is less use than toilet paper as a credit agreement.

 

You should certainly write back to HBOS explaining that what they have sent in no way is a true copy of an agreement for the account. First off T&Cs are not the agreement and in any case the current ones were not the ones you would have signed up to.

 

Oh and BTW explain that without a properly executed agreement you are not obliged to offer any payments to the account.

Edited June 26, 2009 by basa48

[Mightyacorn]

MBNA sent me an agreement :-

 

 

and allegedly on the back:-

 

 

Anyone tell me please, enforceable or not?

[sunflower99]

Hi Mightyacorn

I was told that if post code on back is different from one one on front that can be queried! As you know no evidence to prove what they imply is on back or second page is actually on original ;)Though my eyesight not very good am i correct in saying that the front page ie the application form make no reference to any precribed terms overleaf.!

[sunflower99]

Mbna seem to love implying that agreements have overleaf ts and cs lately! so though you can never be a 100% sure unless you force them to bring it to court or arrange to visit them at Chester towers to view it!Though something tells me they will not be to keen!

[Mightyacorn]

Hi Sunflower,

Just above the signature box it does actually say t's and c's overleaf. I do notice the different postcodes, but what is the significance?

 

MA

Edited June 27, 2009 by Mightyacorn

[sunflower99]

somebody told me to look at MBNA agreement to see if it had different post code and was told thisHowever in my case i can not see different postcodes and may not be sugnifiacant but some cagger told me this- addition I think on the terms side they have an MBNA address with a different postcode to the address on the signature side so if its from the same doc why the difference

[basa48]

MBNA sent me an agreement :-

 

Anyone tell me please, enforceable or not?

 

Unfortunately there is nothing I can see that I would want to go into court and claim unenforceable with.