MBNA CCA received - any comments please

[sofasobad]

Hi there

 

Been lurking & following the great advice on here - can anyone shed any info as to the enforceability or otherwise of this

 

Thanks & best regards

 

SFSB

MBNA.PDF

[underdog13]

Looks like the financial terms may have been cut and pasted to the end. Not easy to tell on the scans, but are the two pages of equal length?

[underdog13]

The date codes at the bottom of the two pages are different; page one is 02/00 page two is 01/00 - now if this was the same form, why would it carry two different dates???

[dpick]

Hi on the first page a very distinct fold line that does not seem to be on the reverse(second page)

 

dpick

[almond]

hi

on some of the copy you can see the other side but on other parts you can't thats not right to me, also the sofa is'nt lined up on the page looks like part of it is missing. the second page the t&c are;nt lined up either.

[Windywoo]

Doesn't look right to me!!!

 

As we've already said, the dates are different, the pages do not line up and there is evidence of a fold!

[sofasobad]

Thanks all who have commented.

 

I received it as a 'back to back' A4 page, & noticed the fold. The 2 pages are of equal length but look to be a microfiche print out, and it is an application form as well.

 

I hadn't seen the date code discrepancy!

 

Are the prescribed terms all there, as I can only see 2 references to credit limit: -

 

From section 8 - Principal Cardholders Request and Declaration:

 

"I understand that MBNA reserve the right to issue a gold or standard card which will have a lower credit limit"

 

From the Financial & Related Conditions, section 1: -

 

"We will from time to time choose the credit limit & notify you of this"

 

I can only see these from the high res scan, as the copy seems to have been reduced in size (again why I think microfiche print out, along with the black side bars)

 

There is no mention of late payment charges, unless they are in the MBNA Terms and Conditions, which are referenced in the statement "I have received a copy of and agree to be bound by the MBNA Credit Card Terms & Conditions"

 

I got the document from the DCA dealing with it, who took quite a bit longer than the 12+2 day limit, and they haven't called me (yet!). I think I will send a leter saying the copy is almost unreadable, and I think that it doesn't seem to contain the prescribed terms.

 

Or has anyone any better ideas?

 

Thanx

 

S

[sofasobad]

Am thinking of sending this to the DCA who supplied the document: -

 

"Further to your letter dated 9th January 2008, I have received a document in response to my CCA request. However, I do not believe it meets the necessary legal requirement of a true credit card agreement for a number of reasons, and as such the document is unenforceable

 

I look forward to hearing your response on this matter, and hope to hear from you within 14 days unless you consider this matter closed

 

I don't think I should give them any more info, do you

Edited February 16, 2009 by sofasobad

[sofasobad]

Bump (Please)

[Dark]

Copying part of a post by 'banker rhymes with': link

 

He makes a point that is equally relevant to your agreement:

 

It has the wrong Heading if they want this Application Form to become a Credit Card Agreement. They've omitted the word Card. See Consumer Credit (Agreements) Regulations 1983 SI 1983/1553. Schedule 1 of SI 1983/1553 (see link above) says (1(d) applies to your Card):

 

 

(1) Subject to paragraph (2) below, a heading in one of the following forms of words--

 

(a) "Hire Purchase Agreement regulated by the Consumer Credit Act 1974";

 

(b) "Conditional Sale Agreement regulated by the Consumer Credit Act 1974";

 

© "Fixed Sum Loan Agreement regulated by the Consumer Credit Act 1974"; or

 

(d) "Credit Card Agreement regulated by the Consumer Credit Act 1974",as the case may require.

NOTE - See my CORRECTION below.

 

(2) If none of the headings in 1(a) to (d) above are applicable a heading in the following form of words--

 

"Credit Agreement regulated by the Consumer Credit Act 1974".

 

(3) Where the document and a pawn-receipt are combined, the words ", and Pawn Receipt," shall be inserted in the heading after the word "Agreement".

 

(4) Where the document embodies an agreement of which at least one part is a credit agreement not regulated by the Act, the word "partly" shall be inserted before "regulated" unless the regulated and unregulated parts of the agreement are clearly separate.

 

(5) Where the credit is being secured on land the words "secured on" followed by the address of the land shall be inserted at the end of the heading.

I don't know if this would invalidate the agreement though.

 

I havent looked at it to see if anything is else is wrong - I'm pretty new here too.

 

BTW, the two scans look to me like they are the same document. Note the lower folded corner.

 

Dark. I am not a Lawyer.

 

CORRECTION:

 

The agreement includes the option for Payment Protection Insurance. Therefore the agreement is not, in it's entirety, purely a Credit Card Agremeent. Therefore the title "Credit Agreement regulated by the Consumer Credit Act 1974" IS CORRECT.

Edited May 6, 2009 by Dark
CORRECTION

[Harrassed09]

Hello

 

Have been keeping an eye on this post, what was the outcome?

 

I have an MBNA credit card application which I believe is unenforceable, am just about to take this to the next step, just thought I would see how this was progressing

 

H09

[sammytams]

Hi, This is my first post ever, being hounded by Global reference late payment of my mbna platimum card and had originally contacted them in January to say was having financial difficulty and could i pay a reduced amount? Was told yes and they would contact me in 3 months to revise it, since then ive had several horrible calls from debt firm whom say i didnt have agreement in place, when i phoned mbna was told they new nothing of this and could not do anything as i was late paying and unless i had a written agreement through them i had to pay on time. So two months ago i borrowed money from my old mum and paid up, but have since not managed to pay again on time and now owe two months and yes debt company phoning me again.... keep telling them im selfemployed and my business is about to go under and ive no other income, but they dont seem to care or understand me as their english is really bad, i have had this card for years and always paid on time never defaulted until January this year. Can anyone help me!!!!!!!1