Mbna 'agreement' - now threat of legal action

[fleeced_by_rbos]

I just had an interesting thought. Shouldn't we all have copies of the agreement provided by MBNA?

 

This is one of the problems of an application form being considered to be an agreement. Whenever you sign a contract you get a copy. If you don't get a copy of your application form then how can you be sure what they send you is the original or anything like it? This may be a nice legal point.

 

I filled in an application form for a Virgin card in motorway service station! I of course didn't get the chance to make a photocopy and never received any other forms or contracts - just the card in the post. My agreement is also rather dodgey - prescribed terms on the back of the application form, all photocopied of course with nothing to tie them together and no room for a signature from MBNA to execute the agreement.

 

Underdog, your application form doesn't appear to have a signature box for MBNA either or am I going blind?!

 

Oh yeh, I love the "We strongly recommend Payment Protection Cover" - ha, I bet they do!

[fleeced_by_rbos]

Good to have you onboard FBR.

 

Nope, your eyes do not deceive you, there is no signature box for mbna on either the abbey or the virgin agreement/ application form.

 

You made a good point - every other contract you sign, you do expect a copy, don't you?

 

By the way, the prescribed terms on the back of your dodgy agreement - do they carry a date stamp in the bottom right hand corner of 12/01, by any chance?

 

Mine looks like it has the date 11/02 and specifies charges of £20 which would have been correct at the time I applied I think, although there is no way to be sure the application form and the prescribed terms on the back of it are part of the same original document.

[fleeced_by_rbos]

Hi user2006, your Virgin card is run by MBNA therefore you send all communication to MBNA. If you need any specific help, you should start you own thread where you'll get more help and your questions won't get drowned in this general-ranting-thread! ;-)

 

Good luck

FBR

[fleeced_by_rbos]

MBNA have sold by debt to 1st Credit who have sent me a letter threatening legal action. Anyone with good advice on how to deal with them please. This is despite me appointing a debt management company. Shouls I send them a letter requesting a copy of the agreement. If so, who should I send it to, MBNA or 1st Credit?

 

Did you CCA them? If so and you now have a disputed agreement with them, then they cannot pass it on until that is resolved. Well we are currently discussing the point of whether they are allowed to enforce any rights, but that would seem like an obvious one that they couldn't enforce - that would mean any creditor could wriggle out of any dispute by passing it on and then if the DCA has the same response from you then they could pass it on again indefinitely whilst the account picks up more interest and charges which doesn't seem right and against the CCA wording.

 

If you CCA'd MBNA then you could forward that letter and any response on to the DCA and demand that the DCA does not undertake any action as the account is in dispute. If you haven't CCA'd MBNA then CCA the DCA instead.

[fleeced_by_rbos]

I think many financial institutions are like packs of wolves at the moment, they are more hungry for our money than ever now so they hunt with more enthusiasm than they ever did before. So why bother communicating when they can continue to hound and threaten, it's easier for them isn't it?

 

A sad indictment of what the core values of the financial industry are me thinks.