Mbna Cca

[ltc1607]

Hi Everyone I just received this CCA from MBNA it is the form I filled in in store to apply for the credit card attached to the form are 4 pages of my current terms and conditions it has consumer credit act 1974 on the form but is it legal ?

[Brassed off]

Hi LTC and Happy New Year

 

Unfortunately, I can't see your scan. Try uploading it to Photobucket - If you're not sure how to use Photobucket, give us a shout

 

However, here's some info by Curlyben that should help you determine whether it's enforceable or not:-

 

Prescribed terms:-

 

Now there's some things you will need to check.

The most important being the prescribed terms that make any credit agreement enforceable:

 

 

Quote:

Originally Posted by 8.1 What are ‘prescribed terms’?

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

For a card the limit maybe a simple statement of how they work it out, but the other terms have to be stated.

 

 

Also, have a look at 42 Man's Agreement Enforceability thread below:-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

 

 

Bo

[ltc1607]

Hi thanks for your reply and Happy New Year to You http://i480.photobucket.com/albums/rr162/ltc1607/LastScan.jpg

http://i480.photobucket.com/albums/rr162/ltc1607/reverse.jpg

have loaded on to photobucket see what you think thanks a lot.

[Brassed off]

I'm no expert on agreements LTC. Perhaps you should post the agreement up in the debt forums for more specialist advice?

 

Have you checked it with the info I provided above?

[Brassed off]

I've asked a fellow Cagger to have a look LTC

[ODC]

I cannot see the Prescribed Terms so IMHO its not enforceable.

[ltc1607]

Thanks for your help Brassed

[guzzleguts]

HI ITC

ARE THEY TRYING TO SUGGEST THEY ARE ON SAME PAGE IE;BACK TO FRONT, BECAUSE ON THEIR OWN UNENFORCEBLE I THINK.

 

I HAVE SIMILAR DOCS FOR TWO ACCOUNTS ONE VIRGIN ONE ABBEY,BUT YOU SEEM TO HAVE VIRGIN APPLICATION FORM AND ABBEY T&c's

 

GG

[ltc1607]

The Terms are the other copy on the back veryt small but you can read it

[guzzleguts]

They look like they are just sending any terms out ,i can not see them being on the back of any original, not that you will ever get to see it but they willneed to enforce.

 

GG

[ltc1607]

http://i480.photobucket.com/albums/rr162/ltc1607/reverse.jpg

on the back of the other page right at bottom

[guzzleguts]

Yes thats them they are the t&c's they sent me for my abbey account which i dont believe were on the back, micro-fishe and poor quality.

 

GG

[ltc1607]

I have a copy of my cca from MBNA that I posted on here in another thread.Having read what others are saying could someone advise if this is correct.My terms and conditions are on the back of the form cut and pasted some have said but is it correct they have to be within the four corners of the signed page if not should it say read terms and conditions overleaf.There is no link from the front signed page to the conditions on the rear.

[maroondevo52]

Threads merged.

 

ltc1607,

 

It's always better to stick to one thread on this subject, so people can see what sort of replies you have had.

 

Regards.

 

Scott.

[ltc1607]

OK will do.what do you think am I right in what I say

[maroondevo52]

Hi,

 

Enforceability of agreements is not my strong point (if I have one)

 

I'm still learning

 

Hopefully someone more clued up than me will assist

 

Regards.

 

Scott.

[citizenB]

I have a copy of my cca from MBNA that I posted on here in another thread.Having read what others are saying could someone advise if this is correct.My terms and conditions are on the back of the form cut and pasted some have said but is it correct they have to be within the four corners of the signed page if not should it say read terms and conditions overleaf.There is no link from the front signed page to the conditions on the rear.

 

 

On the front page, it says.... I have RECEIVED a copy of and agree to be bound by the terms and condiitons.

 

This to me appears to indicate that any terms and conditions were a separate document. All the documents I have seen where the prescribed or terms and conditions were on the back there is a statement on the front saying OVERLEAF.

 

They will, I think have to prove those two documents you have are linked in some way, reference numbers, barcodes etc... of which there appear to be none.

 

I think you will probably need to look at a few of the so called agreements on other threads and make your decision from there.

[ltc1607]

I have just received this letter from mbna as put the account in dispute over the cca. http://i480.photobucket.com/albums/rr162/ltc1607/mbnascan.jpg

The letter ends we trust this clarifies the situation please note no further correspondence will be entered into regarding this matter.What do you think my next move should be help please?

[citizenB]

I am not quite sure what they are on are about.

 

They say

 

"We appreciate the copy of the original agreement is not very clear in parts but it is the best copy we can provide".

 

Then then go on to say..

 

"We also provided you with a copy of the recent agreement including terms and conditions".

 

There can only be one original and no "recent" unless of course you signed another agreement ?.

 

And yes, we know we should have kept a copy. 99% of CAGers wish they had and MBNA are darn pleased they havent.

 

 

This is more or less standard from MBNA. They dont want to play anymore unfortunately. Under the CCA request, they more than likely have supplied all they need to, although that is debatable if the copy is as poor as it looks. There doesnt appear to be any link between the 2 documetns they have sent you.

 

All I can suggest you do at the moment, is have a look at a few other MBNA threads and see the fun and games they are having with MBNA. Then make your decision from there.

 

I can promise you that whilst they have said this is their final response, they will bombard you with all kinds of letters and possibly pass the account over to a DCA. .

[ltc1607]

I only signed the one they just sent me up to date terms

[summerbreeze]

Subbing as received EXACT same letter today

[citizenB]

I only signed the one they just sent me up to date terms

 

Then to be honest, I am totally clueless.

[summerbreeze]

In my case I only signed the original application form which they sent me in reply to CCa request with a seperate sheet of original t and c and current t and c but in the letter they refer to ' the recent agreement '

[ltc1607]

same for me so whats your next move

[ODC]

I would imagine that they would need the ORIGINAL if they wanted to enforce this through a court. Surely under S127 they would need the original complete with signature.