Mbna 'agreement' - now threat of legal action

[the_shadow]

But regardless of the day of posting, it arrived on 9th, due date 23rd:confused:

 

Hi AA99 you're missing the point.. in the eyes of the law they have to allow two definite days for postage and then count the 14 days [unless they can prove otherwise, which means either sent recorded/special or courier delivery]. So as it was sent on a Friday they should have allowed Mon+Tues and then counted the 14 days. They've still shorted you by one day.

 

PmW

[the_shadow]

indeed it will

 

Read your complete thread last night Pompey, well done, some fantastic defence/witness statements in there

 

PmW

[the_shadow]

Hmm Is it worth asking what exactly! they have edited out/in?

 

After all if they've provided a copy which has your signature/your address/the OC's signature... what else worth leaving out is there and therefore the editing must have been to add something?

 

Under the Important Data Protection part it states you must "read condition 13 in the terms & conditions provided" implying its a separate sheet that was sent thus enforcing the prescribed terms being in a seperate booklet as you suggest.

 

Also was your credit limit shown in the apr table? if not and if no statement declaring how to work out the apr if its not listed in the table then thats another possible avenue of unenforcability according to PT

 

From pt2537

 

let me expand slightly

 

The law as we all know requires a "A term stating the rate of any interest on the credit to be provided under the agreement"

 

So on the MBNA agreement it says £1000, £3000 & £5000 yes?

 

and under each amount of credit it says the various rates , Yes?

 

So what if your credit limit isnt there?

 

What if your credit limit was £10,000? £15,000 ???

 

there is nothing within the agreement to qualify the rate of interest if your credit limit isnt set out on the agreement? with me so far?

 

So MBNA may try and argue that the full details are found in a set of terms and conditions somewhere which we dont know about blah blah blah

 

Well that angle fails at the first hurdle as the Agreement Regulations , at Reg 2(4) requires all this info to be set out as a whole and not interspersed with other info so it cannot be set out elsewhere

 

so if your credit limit was different to that stated on your agreement KERCHING:wink:

 

does that help???????????????

PmW

[the_shadow]

It looks like a template to be honest so most of it is irrelevant. But it probably does why everyone has been getting upset about their stuff from MBNA which is the same as mine.

 

If 1st credit are admitting they are editing the information required under the CCA requests, surely that is illegal?

 

Either way, it makes them all unenforcable IMHO.

 

They are allowed to remove "certain" items that pertain to security.. i.e. signature box, names/addresses... anything else is a no-no according to a "true-copy" according to the regs as far as I understand it.

[the_shadow]

Had a girl on the home phone yesterday from 1st Credit asking me to confirm I was happy that there was no fraud on the account.

 

I told her I hadn't mentioned fraud and the account was in dispute because they hadn't complied with my CCA request.

 

She still banged on about fraud and I why I hadn't confirmed I was happy as such as requested in their letter.

 

I told her I couldn't comment until I had the full, compliant agreement.

 

She then tried to get me to confirm that once I had the full agreement, that they DID have that I would clear the outstanding amount.

 

I just reiterated my, 'no comment until I recieve a full, compliant agreement', statement. That cheered her up no end, hehehhe.

 

She promised to send it out yesterday, so I will see what happens.

 

Puzzled as to why they are so keen about my alleged fraud bit. I have not mentioned it, so I figure there is some angle there that they are worried about. Just have to work it out.

 

Funny lot to deal with though..

 

Perhaps the signature on the agreement is "iffy"

[the_shadow]

How an earth can they get a temporary charge! !You either get a charging order imposed by a court or you dont! Surely there is no half measure like a temporary charge? These DCAs are unbeleivable

 

Searched and found this:

 

If a DCA applies for a charging order the court automatically puts an interim charging order on the property:mad:, the land registry will then mark the record and the defendant will be unable to sell the property:mad: until the case is heard in court. A copy of the Interim charging order should be sent to the defendant.

 

They can only get the above if they have already got a judgement against you though.....

 

Got the above from here

 

S.

[the_shadow]

mine was also charged off would be interesting to know what this means i do know that the amount was charged to another account number as i have a statement showing this PF

 

If you mean the literal sense of the word in accounting "Charged off" means to register the amount as a loss on the balance sheet.

 

This I believe allows them to obtain tax relief on the amount.

 

S.

[the_shadow]

Could someone please look at what MBNA have sent me. Is this enforceable?

 

[ATTACH]8456[/ATTACH]

 

[ATTACH]8457[/ATTACH]

 

Fraid the images are too small to read

 

S.

[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.

[the_shadow]

Whilst on the subject of signatures, doesn't it have to be signed by them as well?

 

to make it a proper executed agreement it should be signed and dated by them, this can be in the form of a stamp though.

 

S.