MBNA /cca please look

[holley]

MBNA have sent a cca well over the 12+ 2 days allowed but still could someone please take a look and let me know if it is a valid cca I'm really not sure and if not what they should have included.

Thanks very much

[clemma]

It depends whether these 2 documents are front and back. If they are then I would say it is enforceable.

[holley]

No 2 seperate sheets

[clemma]

Ok - well as there is nothing linking the 2 together (i.e. nothing on the application form to say T&C's on reverse), then send the following letter.

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

Dear Sir/Madam

 

RE: Agreement/Account number

 

Thank you for your response to my letter dated xxxxxx 2009, making a formal request for a true copy of the original credit agreement for the above account under the Consumer Credit Act 1974 (Sections 77-79).

 

The documents you supplied me appear to be no more than an application form, and as such are not a satisfactory response to my request. Nowhere on the front of the document is there any reference to the prescribed terms and conditions that such an agreement must contain. I must assume that these are unconnected documents and once again inadequate to satisfy your obligations.

 

As you are aware you are obliged to provide me with a true copy of my agreement as defined under Section 189 of the CCA 1974. and I consider that you have failed to comply with my request for these documents

 

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested documents. This deadline has now passed and I have not received the requested documents from you.

 

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable & I therefore consider that this account is in dispute with immediate effect & it follows that all payments to this account are suspended forthwith.

 

I draw your attention to the legal requirement that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:

You must not demand any payment on this account, nor am I obliged to offer any payment to you.

You must not add any further interest or charges to this account.

You must not pass this account to any third party.

You must not register any information in respect of this account with any of the credit reference agencies.

You must not issue a default notice on this account

I hereby give you notice that if you proceed with any of the above actions, I will file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service.

 

Yours faithfully

 

Someone else should be a long to take a look, so wait for another opinion first

[holley]

Thats great thanks everso much for the letter

[SB100]

I sent that- they ignored me - surprise, surprise.

 

Its an application form, no more, no less.

 

As previously mentioned, if they were to show that they were on reverse sides of the same piece of paper then it may be deemed enforceable, but I sincerely doubt it.

 

Also, I'm not sure that the Cancellation rights would be considered sufficient, and the word 'card' is ommitted from the title (between 'credit' and 'agreement' making it unsuitable for use as an agreement

[cerberusalert]

There is no way that those two sheets are related to each other. The first page is a 'fold & moisten' application which would have had the banks address & prepaid postage licence printed on the reverse.

[holley]

I hadnt even noticed that thanks