Mbna CCA,

[Talbot]

i would be interested in peoples comments because it looks bog standard, i have had one but it's always after a one off payment. every phone seems to be requesting just a quick £20 payment then we can discuss things but i get the feeling next month will be the same one off payment needed. its like they are on commision.

[Talbot]

that 01244 number is the bully boys who ring (just noticed it) they are a company who ring and bully people to get a one off payment my OH had them and i looked up the number and found lots of complaints about them. not sure if they are part of MBNA or an off shoot but if you ring you will get hassled non stop for 20 quid or so and as far as i know they can't agree to anything. be wary. anybody else got any comments on these characters.

[Indebt1]

Suddenly got the agreement through from MBNA so obviously all a stalling tactic up till today while they search, could any1 advise if this looks like an enforcable agreement?

Edited June 26, 2009 by Indebt1

[Indebt1]

back of form

Edited June 26, 2009 by Indebt1

[Indebt1]

[Indebt1]

[Indebt1]

bump,,, any1?

[Indebt1]

can anybody advise next steps?

[Indebt1]

can someone please please advise if this is an enforcable agreement??

[allthebestintentions]

they have sent me exactly the same thing and i have been told by someone on here that in their opinion it is unenforceable and is just an application form

[Indebt1]

Hi Abi

your agreement seems slightly different then mine though.

Can anybody advise for definate if its enforcable pretty please??

[steven4064]

I think it probably is enforceable (at least by a court). The bit in post #29 contains the prescribed terms and I think is the back of the aplication form in post #28 which has your signature. IN that case, it has the bare minimum required by s127(3) of the CCA 1974 for a court to enforce it.

[Indebt1]

oh crap, not what i wanted to hear. how can i know for certain?

how about if the surname printed on the top has a spelling error and differs from my name printed on the bottom? clutching at straws here.

[Indebt1]

bump

[davey77]

Their letter post 23 is just to get to you call then pay, then agree to pay more. It's not a genuine offer of settlement.

 

I go along with Steven sorry to say in that post 28/29 are probably going to pass in Court especially if it's a 'i hate debtors' Judge, which lets face it, most of them are like.

 

Again i suspect minor spelling errors would not be seen as fatal to the agreement by a Judge.

 

Sorry i can't be more positive.

[steven4064]

I agree with davey I'm afraid

[Indebt1]

How can i get them to freeze interest while i try and pay it off?

[davey77]

How can i get them to freeze interest while i try and pay it off?

 

That's a difficult task as i have found out. My first thought would be to try Payplan. Haven't used them myself but heard mostly good things about them. If they can arrange a payment plan for you i would stipulate that you can only consider it if interest and charges are frozen and see if they can sort it on your behalf.

 

What about the unlawful charges aspect? Have you calculated those, reclaimed them etc. That might make a dent in the overall amount.

[Indebt1]

how would you suggest that i do this, via sar? they havent actually called me since sending the docs out i am almost afraid to rock the boat, but i guess i am being a tad naive if i think they are going to leave me alone:).

[davey77]

No sars.. Payplan are debt management:

 

Debt Management Plans | Debt Advice | Payplan

 

or

 

CCCS - Free Debt Advice from the UK's Leading Debt Charity

 

Yes i have felt like that but they never do go away. At least if you can come to some arrangement you will feel you are getting somewhere and that in itself can take a weight off.

[davey77]

Oh i see what you mean.. SAR to tackle the charges aspect. Yes SAr to get all the statements with a view to adding up all the charges they have hit you with.. there's lots of info here on reclaiming charges.

[Indebt1]

thanks for that

[Indebt1]

What about a call explaining that i am in severe financial difficulty, but i hav someone who has agreed to help reduce the debt (mother).

so say i owe 7k.

my offer is freeze the interest and i would offer to repay 5k over 12 months with the rest written of or my other option at this stage is IVA would that be a threat? or a good offer at this moment in time?

do i endanger anything by trying?

[griffin036]

My advice for what it is worth, having had a CCA back from MBNA which would appear to be enforceable would be to stick with the legibility issue ( I note MBNA in their reply state "the copy is not very clear" ) along the lines of the letter below. Persist with this line of attack, do not speak to them on the phone. Eventually you will get an offer of reduced settlement of about 60% off, ignore that and then comes the 65% off. Accept their offer if that is what you want to do at this stage. Probably your best outcome this side of it going to court.

 

MBNA,

PO Box 1004,

Chester Business Park,

Chester,

CH4 9WW

Dear Sir/Madam,

Re Account: xxxx xxxx xxxx xxxx

Reminder for request for copy of alleged credit agreement under Section 78 of the Consumer Credit Act 1974

 

I wrote to you recently requesting a true copy of any alleged signed, executed credit agreement in relation to the above account.

I note your response to this request in your reply dated xxx and received by myself on the xxx. Thus far I have only received what can only be described as poor copies of an alleged agreement in which parts of the larger print and the smaller print are impossible to read.

 

In support of this I draw your attention to the following:

 

The copy of the agreement you have sent does not comply with the requirements regarding "legibility" under the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983, which state:

 

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

 

Therefore I would assert that this means that you are currently still in default of my request and whilst your default continues, you are not entitled to enforce any part of this alleged agreement.

 

This includes, but is not limited to, the following:

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

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

You may not pass this alleged account to any third party.

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

You may not issue a default notice related to this account.

Please also note that to register information with the credit reference agencies, or to issue a default notice, would also be in breach of Section 13.6 of The Banking Code, which stipulates that you can only register such information if the amount owed is not in dispute.

You have a calendar month from receipt of this letter to rectify your default. Therefore, I must receive fully readable copies of the document I have requested by xxx. Failure to meet this deadline will be reported to the relevant authorities. If you do not have any fully legible copy of this signed agreement in relation to this account, please confirm this in writing.

 

I will be making no further payments to this account until this matter is resolved to my satisfaction. It would be a breach of the Administration of Justice Act 1970 for you to continue to take any action against this account whilst this default remains.

 

Please conduct all communication with me regarding this account in writing only.

 

I look forward to your swift response.

 

Yours faithfully,

Indebt1

[Indebt1]

HI Griffin

thx for that

had a call from them and although i refused to pass security she did ask if i had the cca that they had sent i said i did but i had not recieved a reply to the above therefore untill i do please do not contact.

she insisted on knowing who was advising me if it was a company or a lawyer that she could contact, i refused to be drawn into this conversation and asked that any thing she wants to know must be sent in writing!