My Cca From Mbna Please Look

[ANDREAMOUR]

had this today

 

Edited July 24, 2009 by ANDREAMOUR
left personel info on

[exchange]

Hi Andreamour, been subbed to your thread for a while and wanted to make sure you had seen this.

Petition to: Request a special investigation by the FSA and OFT into the harrassment by consumers and their families through the debt collection practices of MBNA and specifically the practices related to telephone calls and defaults while in dispute

[ANDREAMOUR]

hi exchange

i hadnt seen that ive been so busy lately ive been struggling just to up date my posts

ive just signed up now

( ;

[haggis1984]

subbing

[Redfish]

Subbing to your thread ANDREAMOUR, I was also sent illegible agreements/application forms from MBNA for Abbey and Virgin credit cards.

[ANDREAMOUR]

Hi red fish

have you got any further than me on this?

[Redfish]

Nothing more Andreamour, I'm trying to put these cases with solicitors is all. Obviously I have written to MBNA to say the agreements are illegible, but all I have is harrassment phone calls from RMA

[Capricorn1601]

subbing

[ANDREAMOUR]

So you have a solicitor dealing with it?

Thats good

[Redfish]

Don't know if that's good yet or not, haven't used this solicitor before and have not heard anyone else using them ... but they are free! I'm going to keep track of this myself so that I agree with what they are doing every step of the way.

[ANDREAMOUR]

Free?

How did you manage to get a free solicitor?

Sounds interesting

[Redfish]

I mean they operate a no win no fee arrangement, they don't take any money up front and don't take any of your compensation, so in practice they are free. Actually I didn't go with them because they were putting all their unenforceability cases on hold until one of the test cases gets decided, they are only doing harrassment injunctions at the mo. But they also said they were only in the business of taking lenders to court, but not defending if a lender takes me to court - because they say they have too many cases and have limited themselves to that.

 

But I am consulting with another free solicitors to see if they will take my cases, just faxed them my agreements. It took a bit of guesswork to google the right terms and I got a few just on google. What matters most to me is the barrister they appoint.

Edited August 4, 2009 by Redfish

[ANDREAMOUR]

Oh right i see.

Ive seen a lot of adverts for them.

Good luck then

[Redfish]

Well here's an update after speaking with the solicitor (in particular the solicitor who audits agreements to see if they can be challenged).

 

On the illegible agreements provided, she told me that I should write to Abbey and Virgin under Section 136 of the CCA. I have to get out the legislation and read it, or maybe there is a template letter on this site somewhere:???: Anyway, what I understood by this is that it would be asking Abbey or Virgin to admit the agreement is unenforceable because they could not produce a legible copy. Then they either have to produce a legible one or accept its unenforcibility.

[ANDREAMOUR]

mmm Clear as mud! lol

[Capricorn1601]

Section 136 is:

 

Power to vary agreements and securities.

[Capricorn1601]

136. The court may in an order made by it under this Act include such provision as it considers just for amending any agreement or security in consequence of a term of the order.

[Capricorn1601]

section 136 provides that an agreement may be amended as a consequence of a time order - for example, by reducing the rate of interest or extending the term of the agreement.

 

The consumer can apply for a time order following receipt of a default notice, or a notice of enforcement action under the Act. The court can also make a time order as part of proceedings brought by the lender for enforcement of the agreement or to recover possession of goods or land (for example, mortgage repossession).

[Capricorn1601]

Not quite sure how this has any bearing on your agreement??? Giving you extra time to pay or reducing the interest is not forcing their hand in getting them to admit that it is unenforceable

[Redfish]

Thanks Capricorn ... good to get the explanation of 136 at least, but like you still can't see the relevance yet. I'll see what she says when I speak to her tomorrow.

[ANDREAMOUR]

Abbey or Virgin to admit the agreement is unenforceable because they could not produce a legible copy. Then they either have to produce a legible one or accept its unenforcibility.

 

Just had a look at the letter mbna sent me and they stated that the original agreement wasnt that clear but the best they could give me

so thats accepting that is ellegible!

[Monkeykiwi]

We are also fighting MBNA for a dubious agreement missing prescribed terms and T&Cs. interestingly, though, I found the T&C they sent when they sent the actual card through and they are vastly different from what appears on the reverse of the application form which MBNA claim constitutes the agreement in conjunction with the T&Cs which they haven't been able to produce.

 

They have also just sent an intended Default Notice, so am gonna hit them with as much as I can. Andreamour, they also stated that they were aware the copy they sent was difficult to read but it was the best copy they could provide!

 

One question I don't know if anyone can help with - their statement about Cancellation is woolly at best, and I have been searching for any regulations about what should be contained within this section, but can't find anything. Can anyone point me in the right direction?

 

Interesting too about the mole - seriously, not content with terrifying us with all their other methods they now try to infiltrate our support network! I wonder how they sleep at night?

[mraxe]

Hi ANDREAMOUR,

 

Sorry about the irrelevance but what are you using to paste your documents, I'm desperately trying to enlarge my CCA's in the post

[cerberusalert]

Hi ANDREAMOUR,

 

Sorry about the irrelevance but what are you using to paste your documents, I'm desperately trying to enlarge my CCA's in the post

If you upload them to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & then copy and paste the URL back here we'll be able to see them.

 

On the Tinypic page left click the 'choose' button & a seperate window will open, choose which file you want to upload and left click 'open', the window will close then left click 'upload now' button. Your document will upload to tiny pic & the page will refresh giving a list of links. Just copy & paste the Url link back here & we'll be able to see it.

[mraxe]

Thanks guys got there in the end...