Mbna Cca - Is This Enforceable???

[Duffychick]

Hi all,

 

This is the CCA that MBNA have sent me for one of the two cards that I have with them.

At first glance I had a horrible feeling that this might be enforceable but I'm not 100% sure. The important - data protection section mentions condition 11 but I can't see a condition 11 in what they've sent. It was scanned by them back to back and the poor quality is down to them not me:-)

Would you please take a look and give me your opinions.

 

http://i338.photobucket.com/albums/n440/duffychick/img026.jpg

http://i338.photobucket.com/albums/n440/duffychick/img025.jpg

 

Many thanks

 

DC

[MikeBigg]

I'm quite new to this, but isn't the text supposed to say "CREDIT CARD AGREEMENT ..."

 

Mike

[ccman]

Is that all that they sent? Neither seems to be even A4? Could you scan up everything else please? If there is anything of course!

[Duffychick]

Hi ccman,

 

I'm afraid that's it! Apart from the current T&C's and the latest statement that's all they sent. It isn't A4 size and looks like one of those postcard type things that was filled out.

Am I assuming that it isn't enforceable?

[Duffychick]

UPDATE:

 

No further info received after the above CCA other than a new monthly statement and an email. I still have absolutely no idea how they got my email address but this is what they sent on Wednesday 15th:

 

"We would much rather come to an agreement with you directly than take further action however, you are leaving us with no choice. Due to regulatory requirements we will be forced to default your account, which will remain on your credit file for six years. A Default does not relieve you of the responsibility to repay the debt, which may be legally assigned to a third party for collection.

 

To prevent recovery action, please call an account manager on 01244 681461, they will be available Monday to Thursday 8am to 9pm, Friday 8am to 5pm and Saturday 8am to 12pm."

 

Not sure that this is an acceptable email to send to someone especially as they have no idea if I share my computer with someone or whether my emails can be seen by anyone else:shock:. The fact is that I do and they can but luckily it's the OH and he is fully aware of the situation.

 

Me thinks this will be another thing to complain about if they ever take me to court.

[blueda]

What you have scanned on looks unenforcable to me, and the e-mail as you say is unacceptable.

[Duffychick]

Got this little charmer through the post today, I'm not taking any notice as I know they can't do anything without a judgment but my god they really know how to make a girl's day!

 

http://i338.photobucket.com/albums/n440/duffychick/img032.jpg

[blueda]

This looks like a scare tactic as credit cards are unsecured debt. Site team will be along soon.

[blueda]

Before a creditor can request a charging order on a property for un-secured debt, they would need to be granted a county court judgment (English law ) and the terms of the county court order would need to be broken.

[citizenB]

Typical MBNA thuggery.

 

The "priority application form " is poor and there appears to be no relationship between two bits of paper.

 

It might be a good idea to have a look round various MBNA threads and see what steps other MBNA victims have come up against.

 

As you rightly say, until they actually get a court order, none of the things they say they will do can happen. One day, MBNA might actually get the message that they abide by the laws of this country. Whether they like it or not:)

[PrillaSXV]

Typical MBNA thuggery.

 

The "priority application form " is poor and there appears to be no relationship between two bits of paper.

 

It might be a good idea to have a look round various MBNA threads and see what steps other MBNA victims have come up against.

 

As you rightly say, until they actually get a court order, none of the things they say they will do can happen. One day, MBNA might actually get the message that they abide by the laws of this country. Whether they like it or not:)

 

I have a similar problem with MBNA but don't own any property. I have told them the last agreement they sent me contains nothing legally required and spoke to them on the phone since. MBNA on the back foot, the guy i spoke to said he would try to dig a better copy for me and in the same call offered me a 25% settlement for the account if payment is made within 60 days. He sounded like he knew they didnt have the proper copy going by his voice and frustration. Only my own experience but i'm glad i spoke to them on the phone, although 95% of people here would say it's a bad idea.

[Duffychick]

Hi JoeZ, I agree sometimes it does help.

I also got a phone call the day I got the above letter and when I ranted about them having my email address they took it off their records (apparently).

I also mentioned the account was in dispute etc and to give her her due she did read through their computer "file" to see if she could help further.

 

Good luck with your problems and keep us all updated:)

[citizenB]

When you say he offered you a 25% settlement if you were to pay within 60 days.. was that 25% of the outstanding amount or 75% of the outstanding amount ?

 

Be assured that unless you receive that offer in writing and that it is for a F&F settlement and the account marked satisfied, you may well find yourself dealing with a DCA for the rest of it.

[PrillaSXV]

When you say he offered you a 25% settlement if you were to pay within 60 days.. was that 25% of the outstanding amount or 75% of the outstanding amount ?

 

Be assured that unless you receive that offer in writing and that it is for a F&F settlement and the account marked satisfied, you may well find yourself dealing with a DCA for the rest of it.

 

 

MBNA total Debt £9040. Thier offer to me £2260 full settlement of account with e-mail advising they will not sell / pass the rest and it would be written off. No one will ever chase for payment. Only bad bit, they cannot mark credit file as satisfied in full, don't care though, it's shot to bits anyway.

[Duffychick]

UPDATE:

 

I was going to sit back and let MBNA hang themselves due to not having provided an enforceable CCA but having read many many threads (and arguments) on here I have decided to send a CPR 31.16 letter.

 

They have been harrassing me by phone (which no longer bothers me) and in the process have turned me back into a teenager cos I constantly say "Whatever" in a very sarcastic manner to all their threats and arguments. They no longer bother with security questions so next time I'm tempted to get my sister to answer it, pretend to be me and then throw the truth at them and see how fast they disappear when I quote Data Protection at them:D

 

Will send CPR S/D and see what happens.

[Duffychick]

Got a call from MBNA again today, still no security questions:-x

 

Was a very bizarre conversation. Young lady confirmed that I was in dispute with them and that I was after a copy of my application form. I said no, copy of my consumer credit agreement. She said they are the same thing.

Also said I owed them a £1 to provide it. When I disagreed as it was requested under CPR she said that's the same as section 78! I didn't point out that they had already responded to the S78 - talk about not having a clue what they're doing.

Anyway, she then said that a default was due to be put on the account tonight unless I paid - she then asked if that was alright???!!!!!

I told her that I wasn't giving her permission to do anything - obviously they were recording the call and would want to use that later.

She then said that I'd receive a letter in 7-10 days advising me which debt collector would have the debt passed to them, again she asked if that was alright - I obviously smelled a rat and just said do what you must and hung up.

 

Now I'm obviously not going to get any further response to my CPR and that is due to expire on 3rd June so I am assuming that I will just send the 2nd letter in the CPR process and see what happens?

[PrillaSXV]

MBNA debt settled at last!

 

total debt £9040

 

paid, £2100 full and final settlement.

 

woohoo! Barclaycard have just made me a 25% full and final offer as well. Looking good!

[UNCLE BUCK]

WOW!!! what a great result, congratulations:D

 

how long had you been not paying your monthly statement?

[PrillaSXV]

WOW!!! what a great result, congratulations:D

 

how long had you been not paying your monthly statement?

 

account in dispute since November 08 and at this point was dealing with Payplan who were making contributions on my behalf of around £30 a month since december. Told them will be made redundant next month (which may happen) and they were pleading for a settlement. Bent over backwards

 

Just had a call from Mercers on behalf of Barclaycard, 25% full and final settlement, said no way as account in dispute since Novermber as well, quoted loads of legal blah blah which im getting good at now and and they are now offerering 25% f+f from November statement. Said i'll think about it but want it in writing first, so waiting for that now. Yay!

[Duffychick]

Sent CPR 2nd letter special delivery yesterday, not holding my breath for anything other than another copy of what they've already sent - that is if they even acknowledge my correspondence!

[citizenB]

Got this little charmer through the post today, I'm not taking any notice as I know they can't do anything without a judgment but my god they really know how to make a girl's day!

 

http://i338.photobucket.com/albums/n440/duffychick/img032.jpg

 

DC, I have been having a think about the letter that MBNA sent you. Can I suggest you send a copy of it to the OFT, using the letter in the link below. You will need to amend it slightly to reflect the fact that it is the Original Creditor using this kind of tactic.

 

http://www.consumerforums.com/resources/templates-library/50-complaint-in-respect-of-dca-threat-re-expired-debt/101-complaint-in-respect-of-invalid-cca-agreement

 

 

You will need to send a copy of the document they sent you and a copy of that threatening letter with the OFT letter.

 

You will receive a letter from the OFT that basically says they are unable to act on behalf of an individual however, they will ask you to sign a form adivsing that they will be keeping your information on file until such times as there are sufficient complaints against the company to take action.

 

The more people that complain about the initimadatory tactics used by MBNA the better.

[Duffychick]

I will do that as you are absolutely right, more complaints the better:D

[Duffychick]

Still no acknowledgement of my CPR requests but I have received a default notice. The DN appears to be correct with dates and wording and it gives me until 25th June to remedy the situation. Guess what?! - they've put a default on my credit file as of 7th June 2009, same day the DN was issued:mad:

[citizenB]

Still no acknowledgement of my CPR requests but I have received a default notice. The DN appears to be correct with dates and wording and it gives me until 25th June to remedy the situation. Guess what?! - they've put a default on my credit file as of 7th June 2009, same day the DN was issued:mad:

 

That's clever, the 7th of June was a Sunday. So Monday, earliest it could have gone out. How was it posted.. 1st, 2nd or UK Mail. ?

[Duffychick]

Hi CB, can't tell from the envelope how it was sent as just a code where you would normally have the 1 or 2 to show first or second class.