Unenforeable Agreements - Father to be a little concerned

[StuMoney09]

Hello,

 

Not sure if this is in the right place so hopefully one of you helpful people might be able to redirect me. I have £5500 on an MBNA card at a whopping 35% apr. I may be dreaming but am very keen to find out if it is enforceable as I'll be the sole provider for my family when my wife gives birth and could do without the £150 minimum payment a month. They won't reduce their interest rate or do anything to aid me paying it back. I should note that I have never missed a payment. In their eyes I'm the perfect customer.

 

I believe it was maybe six or seven years ago I signed up for a card at a service station on the m6. Hungry for overprized food and attacked by an eager sales gimp.

 

I recorded a phone conversation requesting my credit agreement with them stating the date and a week or so later received their current terms and conditions. This morning I posted the following letter with a postal order for £1 based on this forum's woderful advice.

 

Xxxxxxx

Xxxxxx

Xxxxx

05-03-2009

 

 

MBNA Europe Bank Ltd

PO Box 1004

Chester Business Park

Chester

CH4 9WW

 

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxxxxxxx

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement. I am now making a formal request for the signed agreement as my initial request over the telephone dated and recorded on 20-02-09 achieved a copy of terms and conditions only.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

 

 

 

 

 

 

 

Mr xxxxxxxxxxx

 

 

I was wondering:

 

 

1) If the credit agreement turns out to look unenforceable what do I do next?

 

 

2) What do I do if the agreement doesn't turn up after 12 working days?

 

 

3) Is there any risk involved with challenging the agreement as unenforeable?

 

4) What possible outcomes am I looking at or how long will it take to rectify?

 

 

 

 

Any help would be very very appreciated.

 

[cds]

1. put them in dispute

 

2. put them in dispute

 

3. they will do everything they can to ruin your credit history

 

4. having the debt declared unenforceable, this means they cannot pursue it through the courts, you still owe the money but you cannot be forced to pay. Your credit file will hold the information for six years.

 

all cheery stuff

 

cds

[clemma]

Hi, I'll answer your questions to the best of my knowledge.

 

 

1) If the credit agreement turns out to look unenforceable what do I do next?

 

There is a dispute letter you can send them which puts them in default of the request. I will keep an eye out on your thread and will post the appropriate letter for you. Try and scan and post anything you receive on here (makes it easier to give advice), blanking out personal details. You can use photobucket to do this.

 

2) What do I do if the agreement doesn't turn up after 12 working days?

 

Again, you can send the dispute letter.

 

3) Is there any risk involved with challenging the agreement as unenforeable?

 

Only to the OC or any DCA they pass it on to

 

4) What possible outcomes am I looking at or how long will it take to rectify?

 

Possible outcome - whilst it is in dispute it will be passed from DCA to DCA. Don't worry about that though. There is a fantastic letter you can send when and if that happens. The OC is NOT allowed to pass this on whilst the account is in dispute

[StuMoney09]

Thanks for your advice guys. Looking forward to seeing my cca. I am a homeowner with one year left on my mortgage before having to renew. I guess the sensible thing will be to find out where I stand with each creditor and wait until I have arranged a longer mortgage before starting a dispute.

 

Is this the right thing to do?

[pepper_mclean]

Hi I also have a Virgin card (MBNA) with an outstanding balance of £4500 have sent for the credit agreement and was sent back a 2 page what looked liked a scanned document. I have sent them the second letter 14/2/09 very kindly posted on this site "account in dispute" have recorded post evidence - they have not replied, what can I do now? Thanks x

[cds]

Until they make their next move there is nothing you can do, bit like a game of tennis until the ball comes back. Just keep reading the posts.

 

cds