Mbna 'agreement' - now threat of legal action

[underdog13]

Sorry, I wasn't very clear there I don't think; I was meaning that there wasn't an actual signature space, even if OH had wanted to sign it (he didn't sign this, or any of the others that this has happened with).

 

My other thought was whether if he had signed, would that mean they then had an enforceable agreement, even though it was for essentially a different card.

 

There, clear as mud:D

 

I see what you mean - no space for signature, so it was never intended to be signed and returned. So as executed agreements go, they might as well have stuck your card on a poem by W H Auden:wink:

[underdog13]

Unless the credit card itself is considered a document and it contains all the prescribed terms and the creditor has a copy – I don’t see how it can.

 

Which wouldn't be much good when they ask you to cut them up and send them back:lol:

[Windywoo]

Similar situation here!

 

I remember having a new card when it went over to chip and pin, I think the account number changed, and I know for a fact I didn't sign a new agreement!

[underdog13]

:DWell, I'm sitting here with a great big grin on my face.

 

Had a very illuminating chat with a lawyer about MBNA's allegedly:rolleyes: fraudulent documents - he was astonished; thought I meant a dodgy DCA not a major US bank!

 

To cut a long story short, he seems rather keen and knows a company who will be very interested in this case. Nothing signed and sealed yet, and I know it's early days, but I do feel very encouraged.

 

If everything works out, I'll post up the results. Should anyone else wish to pursue them on similar grounds, I would think that the more claims brought against them the more damning it will be; 1 or 2 allegedly faked documents - oh dear: 5, 10, 20 allegedly faked documents - Krakatoa!

Edited February 13, 2009 by underdog13

[atwozee]

Count me in – I think the back of mine is clearly an embellishment of the original – and the purpose of which is to make me believe they have an enforceable agreement.

I’ve said this before – the originals could easily be checked against any artwork file held by the printer.

No doubt MBNA will wriggle out of any claim made against them regarding dodgy paste-up cca’s.

I just found out today that 1st Credit have purchased my account – LMAO – unenforceable agreement and invalid DN – good luck to them is all I can say.

[lexis200]

Well it doesn't help them with this 'section 8' that is referred to in the DN's loads of us have had does it?

 

It's either a cock up in the DN (unlikely as it's probably correct if you look at current terms on new agreements, otherwise they stand to lose out on every single DN sent).

 

OR

 

If there was a section 8 on older agreements, it shows fraudulent ones have been made up for whatever reason and they neglected to check the terms on them.

[Windywoo]

I shall be extremely interested in the outcome, Underdog - this could definately open up a can of worms for our dear friends at MBNA!!

[atwozee]

Well it doesn't help them with this 'section 8' that is referred to in the DN's loads of us have had does it?

 

My DN actually states ‘paragraph 8’ and this is not a term or a condition of any agreement I allegedly entered into - I don’t think it’s even a recognised legal term – There definitely isn’t a paragraph 8 on the application form which they claim is an agreement – so they are pretty much stuffed.

 

They also state that the agreement will be terminated – so I take it that is the case. No letter of assignment from MBNA either – next it will be a stat demand from 1st Credit or a court claim – happy days. I’m guessing I won’t be alone though.

[lexis200]

My mistake atwozee, so does mine:oops:

[angel_1]

:DWell, I'm sitting here with a great big grin on my face.

 

Had a very illuminating chat with a lawyer about MBNA's allegedly:rolleyes: fraudulent documents - he was astonished; thought I meant a dodgy DCA not a major US bank!

 

To cut a long story short, he seems rather keen and knows a company who will be very interested in this case. Nothing signed and sealed yet, and I know it's early days, but I do feel very encouraged.

 

If everything works out, I'll post up the results. Should anyone else wish to pursue them on similar grounds, I would think that the more claims brought against them the more damning it will be; 1 or 2 allegedly faked documents - oh dear: 5, 10, 20 allegedly faked documents - Krakatoa!

 

 

hiya underdog,,,,dont forget me too matey pls:D

 

me too my dn states "Paragraph 8 of that agreement........

 

oh yes i would be interested too being in that collection of your friends with the solicitor, i mean you only need to get everyone with a mbna thread to then look and decide they too want to join and your solicitor will have quite a few of us

 

i cant wait this is the best news we all have had in such a long time its breathtaking

 

laters have a fun afternoon

 

angel x8)

[angel_1]

My DN actually states ‘paragraph 8’ and this is not a term or a condition of any agreement I allegedly entered into - I don’t think it’s even a recognised legal term – There definitely isn’t a paragraph 8 on the application form which they claim is an agreement – so they are pretty much stuffed.

 

They also state that the agreement will be terminated – so I take it that is the case. No letter of assignment from MBNA either – next it will be a stat demand from 1st Credit or a court claim – happy days. I’m guessing I won’t be alone though.

 

 

hiya atwozee

 

me too like ive just posted to underdog

 

have a fun day laters angel x:lol:

[underdog13]

Great to have you onboard Atwozee:) The more dodgy agreements we can present them with, the stronger our case will be, I should think - just imagine, a mass action against MBNA for (alledged:rolleyes:) fraud, heh heh, heh. Is it ok with you if I tell the solicitor that another person is concerned about the veracity of their purported agreement and may be interested in taking it further (depending on the circumstances of course)?

 

Solicitors will be contacting me again on Monday - can't wait:D They are taking this very seriously, I'm delighted to say. As soon as I have more details I will post them up on this thread.

[atwozee]

Is it ok with you if I tell the solicitor that another person is concerned about the veracity of their purported agreement and may be interested in taking it further (depending on the circumstances of course)?

 

No probs:D

[underdog13]

Whoops just noticed there was a page 5.

 

Great to have you on board too, angel; again is it ok if I tell the solicitor that you might be interested (depending on the circumstances)? Glad the news cheered you up - I've still got a big silly grin on my face, lol.

 

Sorry to hear about first credit, Atwozee - perhaps they won't be so keen to procede on an (alledged:rolleyes:) fraudulent document and will fling it back at MBNA.

 

Wow, you all got DNs - I haven't had a sausage! Did you have to send a SAR to get them, or did they arrive in the post one day?

[underdog13]

No probs:D

 

Great stuff, thanks Atwozee. Really think it will help if there are a few of us.

[hammyhound]

I saw one really blatant forgery (can't remember the thread now, curse my goldfish memory), where MBNA had tacked the same column of prescribed terms on to someones application form and the two backgrounds didn't even match. Their copy and paste skills are improving; small wonder, really, they've had plenty of practice!

 

Interesting to see your "agreement", yes that thread was mine, simple fraud, havent heard a titter from them since - silence is golden.

 

HH

[hammyhound]

Add me to the bandwagon as well!

[cosalt]

I sent MBNA a letter after they sent me two 'application forms' ( I think they are posted on here somewhere ) Informing them they were unenforceable etc etc. They replied saying they are investigating and would reply by the 12th Feb. I have heard nothing.

 

I have not paid them a bean since September after they refused my offer of reduced payment, but apart form plenty of threats have received no default notice or anything similar.

[ltc1607]

sign me up to the band wagon as well cheers

[underdog13]

Interesting to see your "agreement", yes that thread was mine, simple fraud, havent heard a titter from them since - silence is golden.

 

HH

 

Thanks for posting, Hammyhound - now how could an Underdog have forgotten the thread belonged to a Hammyhound, d'oh:lol:

 

Welcome to my kennel, sorry, bandwagon. It's great to have you aboard, especally as your agreement was so blantantly tampered with (alledgedly - got to keep CAGBOT happy;)). Ok to tell the solicitor you may be interested?

[atwozee]

Interesting to see your "agreement", yes that thread was mine, simple fraud, havent heard a titter from them since - silence is golden.

 

HH

 

Just had a look at your alleged agreement and I am speechless – this proves what we have been saying all along – I guess they think fraud is a justified way of trying to enforce these flawed contracts.

 

I knew there was a problem with mine because when they pasted it together they forgot to put some text back in at the bottom – I only realised when I saw someone else’s which was supposed to be the same - it’s not as obvious a forgery as yours though.

[underdog13]

sign me up to the band wagon as well cheers

 

Wonderful, welcome aboard, Itc Ok to tell the solicitor you may be interested? Not wanting to pass him personal details yet - just to say x amount of people are in the same boat and may be interested in taking things further.

[hammyhound]

Yes please add me to the list

 

Here is the agreement for anyone who missed it the first time.

 

http://i375.photobucket.com/albums/oo198/hammond39/ResponsefromMBNA1.jpg

 

http://i375.photobucket.com/albums/oo198/hammond39/ResponsefromMBNA.jpg

 

HH

[atwozee]

I knew there was a problem with mine because when they pasted it together they forgot to put some text back in at the bottom – I only realised when I saw someone else’s which was supposed to be the same - it’s not as obvious a forgery as yours though.

 

In fact UD it’s the same as the back of your virgin application – and they didn’t put any text such as ‘Go on you know you want one’ in the black rectangle – they just left it blank.

[underdog13]

I sent MBNA a letter after they sent me two 'application forms' ( I think they are posted on here somewhere ) Informing them they were unenforceable etc etc. They replied saying they are investigating and would reply by the 12th Feb. I have heard nothing.

 

I have not paid them a bean since September after they refused my offer of reduced payment, but apart form plenty of threats have received no default notice or anything similar.

 

Same as me, Cosalt, no DNs, no termination notices, just lot's of threats. Have you had the 'we know you're a home owner we may get a charging order' letter, yet? The last paragraph of that little missive did make me laugh, 'we prefer not to go to litigation' - neither would I if I were you, MBNA, and I had issued people with (alledgedly) fake agreements:lol: