Mbna Cca

[landy_alert]

Hi Itc,

 

My OH has received an almost identical MBNA CCA (just slightly different first page layout) with identical second page photocopied on the reverse.

 

It's a Southampton FC card from 2005, more legible than yours but all same info present (except a box to decline or accept PPI but which he was charged for anyway:().

 

I have been told by a couple of people here that it is enforceable, although I am inclined to disbelieve that the two sides were ever part of the same document.

 

Also, like yours, there is no word 'overleaf' to link the two sides.

 

OH received current t&cs with his CCA (we still have his original ones but not agreement unfortunately) and I understood that they are supposed to provide historic ones.

 

Sorry I can't be of more help, but will be subscribing to your thread if that's ok!

 

Regards,

 

Landy x

[underdog13]

Can't believe those terms were on the back of the original application form - how bad would the graphic designer have to be to design something that poor??

 

In addition, they often refer to the copy of T&Cs in the application form - did anyone actually receive a booklet of T&Cs with their application form? I know I didn't; they always arrived later with the card.

[landy_alert]

That's right UD - we have only recently come across OH's original T&Cs - don't know what happened to agreement itself though - and there is still the sticky place where his card was attached. This isn't dated, but was obviously sent to him AFTER his application was approved:eek:

[summerbreeze]

I dont think there was an ' agreement' for these old cards.

In my case I got an invitation to apply and it already had my name and address pre-printed on it and just filled it in ...sent it off and then got card through the post.

I think the T and C were in a seperate leaflet but dont recall whether they came with the application or with the actual card.

My application form copy that they say is a CCA is on a large piece of paper and the T and C that they want me to think were on the reverse are on a small piece of paper.

There is no way they would put the T and C on the reverse and leave the rest of the sheet perfectly blank.

[summerbreeze]

same for me so whats your next move

 

I am not sure what to do

[landy_alert]

There is no way they would put the T and C on the reverse and leave the rest of the sheet perfectly blank.

 

That's exactly what I was thinking:D

 

However, a couple of the more experienced peeps (steven for one) looked at mine and thought it was enforceable.......

[ltc1607]

it says on mine befre signing you must read condition 11 in the terms provided,there is no 11 also you must be able to read the terms my sixteen year old son who has perfect eyes struggles to read it.I am now thinking of handing it over to a claims company as for a small fee they get the legals to look at it and deal with it

[underdog13]

Be careful with these firms - a lot of them are rip offs.

[landy_alert]

Hi Itc:)

 

Just wondering how you were getting on and if there is an update on what you decided to do with MBNA at all?

 

Regards,

 

Landy x

[ltc1607]

Hi Landy I have not heard from mbna for a few weeks now but I have sent the cca off to be checked and find out if it is enforceable will let you know when I get the results.

[ltc1607]

Hi I received a default notice from MBNA dated the 7th september asking for the full balance and giving me until 24th September to pay in full I also recieved a letter from Experto Credite dated 23rd September saying Varde Investments in Ireland had bought my account.Correct me if I am wrong but should the DN have only asked for the arrears and not the full balance and judging by the date on the Experto letter the account must have been sold before the DN expired.I wrote to Experto explaining the account was in dispute and should not have been sold they have left a message on my phone today saying MBNA have complied all the way and I need to settle the debt.How do you think I should respond to Experto now? It was only reading other threads that made me look at the DN and letter from Experto so I have not informed them about the dates.Help Please.

[ltc1607]

anybody please

[pumpytums]

Hi ltc,

I have exactly the same dates on my default as you and the same purchase date by the DCA. If you look at my thread the general consensus is the Default is junk, no clear 14days (it was sent 2nd class) and also no arrears. (keep your envelopes they are marked with company address)

 

Also the account number on my agreement is completely wrong. Can you check your credit file? My default is not showing or the original account.

 

Have you SAR'ed MBNA yet as many CAG's have found out the account was sold way before the 23rd.

 

I hope this helps.

 

 

Pumpytums

[vint1954]

Hi I received a default notice from MBNA dated the 7th september asking for the full balance and giving me until 24th September to pay in full I also recieved a letter from Experto Credite dated 23rd September saying Varde Investments in Ireland had bought my account.Correct me if I am wrong but should the DN have only asked for the arrears and not the full balance and judging by the date on the Experto letter the account must have been sold before the DN expired.I wrote to Experto explaining the account was in dispute and should not have been sold they have left a message on my phone today saying MBNA have complied all the way and I need to settle the debt.How do you think I should respond to Experto now? It was only reading other threads that made me look at the DN and letter from Experto so I have not informed them about the dates.Help Please.

There were a lot of these went out on the 7th September, all faulty. They were sent second class, uk mail. Hope you kept the envelope. They should give you until 25th September to rectify, however claiming the full amount in the DN is wrong.

 

You may want to do an SAR to MBNA requesting all statements, agreement and screenshots of the account log. this will show when it was sold on.

 

Have a look at Pumpytums thread. It is the same situation as yours. Post again if you need further advice.

[vint1954]

Also have a look at post #140 here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/200901-anatomy-default-notice-8.html#post2541068

[ltc1607]

Thanks Vint what do you think I should do with Experto? I sent a letter saying the account was in dispute should I make them aware of the DN or just ignore them for the time being.

[vint1954]

Thanks Vint what do you think I should do with Experto? I sent a letter saying the account was in dispute should I make them aware of the DN or just ignore them for the time being.

Yes, send the letter that I posted for pumpytums.

[ltc1607]

Hi since starting this thread I handed my dispute with MBNA over to a claims company mine like a lot of others was sold to experto,today I have received a letter from the claims co. solicitors saying,

As your agreement is currently unenforceable your lender cannot obtain judgement but can chase you for payment.We had intended to apply to the Court for an order that your lender delivers up a copy of the agreement compliant with S.78 Court decisions however have indicated that such an application is unlikely to succeed.The Courts are taking the view that the Consumer Credit Act provides its own remedy for borrowers who do not recieve a compliant response to a S.78 request namely that the agreement is unenforceable until the lender has complied.In the circumstances they are refusing to grant delivery up applications.As a consequence we are closing your file.Has anyone any idea what I should do next regarding Experto I have never done an sar request is that worth doing? This claims company has taken a year to get nowhere I knew it was unenforceable from the start I just wanted it brought to a close

[pumpytums]

Hi LTC,

I would send a SAR to MBN@, this will give you the sale date and all the info just in case.

 

With regards to Exspurto I would ignore them. If they had anything they could use they would have done it by now. Companies like Exspurto are debt buyers pure and simple buy it for £1 try and get £10 back.

 

Don't speak to them on the phone as their manner can be quite abusive and aggressive is some cases. Simply refuse to speak to them on the phone and tell them everything must be in writing and hang up.

 

Their latest trick is issuing statutory demands which they have no intention of following through. Easily set aside. A very old DCA trick that simply doesn't work.

 

Pumpytums

[ltc1607]

After over a year MBNA have supplied my solicitor with terms and conditions and he has now dropped the case saying it is enforceable even though you cant read the back of the agreement. The account was sold to Experto like a lot of others on here I had a default saying that I had reapeatedly failed to make payments and that the whole balance was due under section 87 the notice was dated 7th September giving me until the 24th to pay the outstanding balance in full. I then received a letter dated the 23rd of September saying Varde had bought the debt and Experto would be collecting it am I right in saying that the default should have just asked for the arrears and that they should not have sold it befor the default expired?Any idea what my next move should be?

[ltc1607]

bump

[MandM]

After over a year MBNA have supplied my solicitor with terms and conditions and he has now dropped the case saying it is enforceable even though you cant read the back of the agreement. The account was sold to Experto like a lot of others on here I had a default saying that I had reapeatedly failed to make payments and that the whole balance was due under section 87 the notice was dated 7th September giving me until the 24th to pay the outstanding balance in full. I then received a letter dated the 23rd of September saying Varde had bought the debt and Experto would be collecting it am I right in saying that the default should have just asked for the arrears and that they should not have sold it befor the default expired?Any idea what my next move should be?

 

Hello ltc.

 

Yes, the DN should have been for the arrears only. Then if you didn't comply with the DN, THEN they can demand the full amount (in simple terms). Have you done that SAR yet? You may find that the actual dates are even worse for them - pretty likely.

 

M

[ltc1607]

If you put an account in default because no cca is produced,during the default period no interest or charges are to be added to the account or so I was led to believe if the cca is produced 18 months later are they entitled to back date interest and charges to the point it was put in default? The reason I ask is the figure Experto are asking for will include interest and charges added while in default before it was sold to Varde.

[pumpytums]

Additionally ltc,

if you press MBN@ about the fact that they unlawfully rescinded the agreement, they tend to mention that the account was terminated/sold. When you get your comms log back the date of sale is usually a week or so before the DN remedy date.

 

So not only is the CCA naff for starters the the DN was short, it was sold/terminated before the DN date and they asked for the full amount before the DN was up. That's pretty damning in my view.

 

In addition if the CCA was so enforceable I wonder why MBN@ did't take it to court rather than ship it out to Exspurto.

 

 

Pumpytums

[MandM]

If you put an account in default because no cca is produced,during the default period no interest or charges are to be added to the account or so I was led to believe if the cca is produced 18 months later are they entitled to back date interest and charges to the point it was put in default? The reason I ask is the figure Experto are asking for will include interest and charges added while in default before it was sold to Varde.

 

All the more reason to get that SAR done. The statements should give you the breakdown you need of the interest and charges also

 

M