MBNA CCA Enforceable??

[gizmo7]

 

 

Hi Steven, The above is the copy of what i received as a valid CCA from MBNA. Please advise.:?

Edited January 30, 2009 by gizmo7
duplicate

[gizmo7]

Hi Steven, The below links are for the MBNA CCA request i made. Please advise:?

 

http://i606.photobucket.com/albums/tt147/ringo7-2009/mbna2.jpg

 

 

 

http://i606.photobucket.com/albums/tt147/ringo7-2009/mbna.jpg

 

Can anyone advise if the above application can be considered a valid CCA??

Edited January 30, 2009 by gizmo7

[westendwendy]

Hi Gizmo,

 

The image isn't big enough to read, could you upload it to photobucket and post it again.

 

Image hosting, free photo sharing & video sharing at Photobucket

 

 

Sorry, didin't realise you had posted this in another thread:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/181072-mbna-cca-enforceable.html

[creditcardmug]

Does it say on the part you signed where the prescribed terms are to be found?, i doubt it,...the usual mbna rubbish!

[steven4064]

Hi gizmo

 

A couple of points.

 

If the copies you have are as bad as they appear, then MBNA have not complied with your request under s78. Regulation 2 of the Consumer Credit (CAncellation Notices and copies of Docments) Regulations 19834 says

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the

The copy you posted clearly does not comply.

 

If and whenb they send you a legible copy, whether the agreement is enforceable or not hinges on whether the two pages are front and back of the same docuemnt. The prescribed terms are on the document you labelled as mbna2.jpg (I know that because I have seen them before) and the signature is obviously on the other page.

 

The agreement is not properly executed and can only be enforced by a court. S127 (3) limits enforceability to documents with signature and rpescribed terms in the same docuemnt.

[gizmo7]

Does it say on the part you signed where the prescribed terms are to be found?, i doubt it,...the usual mbna rubbish!

It says in the section above the signature box the following:

I have received a copy of and agree to be bound by the MBNA credit card terms and conditions.

This would seem to indicate page 2 is not the reverse of the signed document. Also it is not headed credit CARD agreement as i thought it ought to be. Please advise anyone:?

[gizmo7]

Hi gizmo

 

A couple of points.

 

If the copies you have are as bad as they appear, then MBNA have not complied with your request under s78. Regulation 2 of the Consumer Credit (CAncellation Notices and copies of Docments) Regulations 19834 says The copy you posted clearly does not comply.

 

If and whenb they send you a legible copy, whether the agreement is enforceable or not hinges on whether the two pages are front and back of the same docuemnt. The prescribed terms are on the document you labelled as mbna2.jpg (I know that because I have seen them before) and the signature is obviously on the other page.

 

The agreement is not properly executed and can only be enforced by a court. S127 (3) limits enforceability to documents with signature and rpescribed terms in the same docuemnt.

Steven, you are right that i have had to use a magnifying glass to read most of it and the Financial and related terms are the worst. When you have seen these T&C's before were they on a seperate sheet. The other thing is you stated in your earlier threads that the agreement must be headed properly: Quote: credit card agreement regulated by the CCA1974. My agreement does not mention the word CARD in its heading or in the signature box. Please advise:?

[steven4064]

I've never managed to get an unambiguous answer to that question. Signing to say you have read the T&Cs means nothing as far as the CCA 1974 is concerned - that is quite clear - the prescribed terms and signature must be in teh same document.

[gizmo7]

Steven, I have as you advised sent a letter to MBNA to request a legible copy if it exists. If they provide this what steps can i take to see if the T&C's are embodied in the signed document.