Unenforceable CCA's

[burkey38]

A few questions from a complete novice...

 

I had a couple of credit cards with MBNA on which I racked up huge balances which I paid and then re-claimed charges.

 

These accounts are now closed but I was wondering if the CCAs in relation to these accounts were unenforceable can I get all or some of the money that I paid, back. Sounds stupid I know but thats what various unenforceable CCA companies are advertising.

 

 

I have a CCA agreement from Capital one which was signed by me in May 2003. I have a scanner and have scanned it but cant get it on this post(told you I was a newbie)!

 

It's pretty similar to others on here in that it seems to be a cut and paste job with the infamous section 3 or 2.3 as amended in one I saw earlier.

 

Would it appear that this agreement/application is unenforceable? With my CCA request on 29th February 2009 to which I received it yesterday, I also requested details of when the debt was passed to Capquest but did not receive this.

 

What should I do next?

 

Thanks

[the_shadow]

A few questions from a complete novice...

 

I had a couple of credit cards with MBNA on which I racked up huge balances which I paid and then re-claimed charges.

 

These accounts are now closed but I was wondering if the CCAs in relation to these accounts were unenforceable can I get all or some of the money that I paid, back. Sounds stupid I know but thats what various unenforceable CCA companies are advertising.

 

Even if the agreements which are now terminated could be found to be unenforceable the courts would deem the monies paid as a gift!

 

S.

[payback68]

If the Accounts are closed and you have already re-claimed charges how will you continue to re-claim any outlay on the basis of unenforceable CCA?.

 

They are closed accounts.

 

Regards.

[maroondevo52]

Hello and Welcome, burkey38

 

A few questions from a complete novice...

 

I had a couple of credit cards with MBNA on which I racked up huge balances which I paid and then re-claimed charges.

 

These accounts are now closed but I was wondering if the CCAs in relation to these accounts were unenforceable can I get all or some of the money that I paid, back.

 

I very much doubt it as Courts look on this as false enrichment

 

I have a CCA agreement from Capital one which was signed by me in May 2003. I have a scanner and have scanned it but cant get it on this post(told you I was a newbie)!

 

It's pretty similar to others on here in that it seems to be a cut and paste job with the infamous section 3 or 2.3 as amended in one I saw earlier.

 

Would it appear that this agreement/application is unenforceable? With my CCA request on 29th February 2009 to which I received it yesterday, I also requested details of when the debt was passed to Capquest but did not receive this.

 

What should I do next?

 

Have a look at this guide..........

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

Regards.

 

Scott.