All out vs MBNA

[All out]

Interesting point about cancellation. Here is what it says on about that.

 

"YOUR RIGHT TO CANCEL

Once you have signed this agreement you will have for a short time the right to cancel it. Exact details of how and when you can do this will besent to you by post by the bank"

 

There does not apear to be anything about a "credit limit" other than that in the table! I have no idea what my credit limit was? How could I find out?

Edited May 20, 2009 by All out

[the_shadow]

Interesting point about cancellation. Here is what it says on about that.

 

"YOUR RIGHT TO CANCEL

Once you have signed this agreement you will have for a short time the right to cancel it. Exact details of how and when you can do this will besent to you by post by the bank"

 

There does not apear to be anything about a "credit limit" other than that in the table! I have no idea what my credit limit was? How could I find out?

 

Credit limit will show on statements usually. The terms and conditions (page2) appear (its small and on its side and hard to look at) to mention credit limit in Item 1)

 

S.

[All out]

Credit limit will show on statements usually. The terms and conditions (page2) appear (its small and on its side and hard to look at) to mention credit limit in Item 1)

 

S.

 

So it does. Missed it! My credit limit was 1,500 not one of those shown in the table. Found it on the info I got from my SAR.

[the_shadow]

So it does. Missed it! My credit limit was 1,500 not one of those shown in the table. Found it on the info I got from my SAR.

 

I thought 1500 was there in the table tbh?

 

Ok.... reason I asked is it isnt clear about the interest rate as there are numerous references in the t&c to interest but I cant see a clear statement telling you your interest, the table lists credit limits and rates but there also doesnt appear to be a statement "if your credit limit is not shown use the next lowest credit limit to ascertain your interest rates" or something similar.

 

The t&c are hard to read, is that the best quality you can get on them, I can blow them up but the noise means its very hard to read figures.

 

For that you may have them under this legislation anyway.

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 .

Hope you dont mind but I've put a message on another thread to ask other MBNA caggers to take a look as they know most of the agreements off by heart now, they've been looking at the alleged cut & shut attempts for so long.

 

S.

[summerbreeze]

Fuuny but on a lot of other CCAs I have seen on here the column at the left has been replaced with squeezed in T and C and often look like cut and paste jobs.

 

My view on this type of CCA is that why would they cover the front with writing and then leave more than half the back blank ???

 

These narrow T and c are more likely to have been on the fold over type of application forms

 

Take a look at the various examples in CitizenB's excellent library thread in the stickies

Edited May 20, 2009 by summerbreeze
dont know my left from my right !

[All out]

OK I will try and zoom in so you can see what's what.

 

What about the cancellation right. Is it sufficient for them to just say what they have said. I am not aware of getting anything that detailed them in the way suggested.

 

The three credit limits specified are 1,000, 3,000 and 5,000. No 1,500.

 

From what I can remember I think this application was one of those fold in on itself ones. Can not be entirely sure since it was nearly 12 years ago.

[All out]

OK let's try this one. You can zoom in further on photobucket

 

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Edited May 21, 2009 by All out

[steven4064]

This is a standard MBNA 'agreement' - to be enforceable, it needs you signature somewhere

[All out]

This is a standard MBNA 'agreement' - to be enforceable, it needs you signature somewhere

 

Hi, Sorry it is a bit confusing this is just the same as above only zoomed in. I guess it is front and back but now way of confirming for sure.

 

If it is then I assume it is enforceable. The question is have they got the prescribed terms correct. Especially, regarding interest on the credit limit and cancellation rights.

[steven4064]

As far as I can see (it's still a bit small) the prescribed terms and cancellation rights are OK

[All out]

What are your thoughts on the theshadows comments regarding the credit limit. I am not sure I could use the legibility angle because although small my copy seem OK.

 

Ok.... reason I asked is it isnt clear about the interest rate as there are numerous references in the t&c to interest but I cant see a clear statement telling you your interest, the table lists credit limits and rates but there also doesnt appear to be a statement "if your credit limit is not shown use the next lowest credit limit to ascertain your interest rates" or something similar

[the_shadow]

What are your thoughts on the theshadows comments regarding the credit limit. I am not sure I could use the legibility angle because although small my copy seem OK.

 

Just to clarify this comes from PT2537, I cant find the thread but I've quoted him from the main MBNA one.

 

 

let me expand slightly

 

The law as we all know requires a "A term stating the rate of any interest on the credit to be provided under the agreement"

 

So on the MBNA agreement it says £1000, £3000 & £5000 yes?

 

and under each amount of credit it says the various rates , Yes?

 

So what if your credit limit isnt there?

 

What if your credit limit was £10,000? £15,000 ???

 

there is nothing within the agreement to qualify the rate of interest if your credit limit isnt set out on the agreement? with me so far?

 

So MBNA may try and argue that the full details are found in a set of terms and conditions somewhere which we dont know about blah blah blah

 

Well that angle fails at the first hurdle as the Agreement Regulations , at Reg 2(4) requires all this info to be set out as a whole and not interspersed with other info so it cannot be set out elsewhere

 

so if your credit limit was different to that stated on your agreement KERCHING

 

does that help???????????????

 

I have no idea if this argument has been put forward either in court or to MBNA before now and it does rely on there NOT being a statement mentioning you to take the next lowest credit limit's APR if yours is not in the table. Your t&c are too small for me to read this.

 

S.

[WelshMam2009]

I'm sure in subsequent discussions it was concluded that your limit should be above £5,000 to use this argument but please read through to confirm as my memory may be playing tricks!!

[the_shadow]

I'm sure in subsequent discussions it was concluded that your limit should be above £5,000 to use this argument but please read through to confirm as my memory may be playing tricks!!

 

Could you possibly post the thread, I couldnt remember where and took it from a quote on another thread.

 

Cheers

 

S.

[Chalkitup]

Could you possibly post the thread, I couldnt remember where and took it from a quote on another thread.

 

Cheers

 

S.

 

 

 

All MBNA Caggers Fight Against MBNA's underhand tactics - Page 4 - The Consumer Forums

 

POST 208

 

Edit ..... Thinks!!! ...... that might be the main thread that you took it from!! I must get more sleep!!

 

 

Onwards and Upwards

 

Chalkitup

Edited May 22, 2009 by Chalkitup
Got it wrong!!