MBNA CCA credit limit ... CCA received

[johno23]

Hi all

 

I have a CCA back from MBNA not sure if it is enforceable, but will scan up later.

 

However it is very difficult to read and also it states the credit limit is £3000 and I have signed this document.

 

The balance is actually over £9000 with them still adding interest from their default of a CCA from October.

 

Can i take the interest of the 3000 and offer them a F&F for 1500.

 

Is it right that if the agreement was enforceable it would only be for the credit limit of 3000 stated on the signed agreement.

 

ManyThanks

 

Johno23

[postggj]

hi johno

 

an enforceable mbna agreement, enough said

 

it would seem the balance is charges and interest

 

claim them back

 

and no, they cant add charges etc while in dispute, but they do

[johno23]

If a credit agreement is at £10000 but an agreement stated £3000 limit would you only be legally responsible for the £3000 stated in the signed agreement.

 

ManyThanks

 

Johno23

[postggj]

i take it the original credit card was 3 grand and over time they increased it to 10 grand

 

you would be liable for the 10 grand

 

i take it we are talking about a credit card account which is a rolling credit account and not some loan or hp

[johno23]

It is a credit card with an agreement which was signed for 3000 credit limit but was increased to 10000.

 

Any way will scan up the agreement in a couple of hours and hopefully it is still unenforceable.

 

The agreement is very small does it have to be a certain size document ie A4

[postggj]

mbna are not very good with agreements

 

to upload the agreement google photo bucket

use the upload link for message boards with out thumb nails option

 

deleate personel details

 

photo bucket is very good for edditing etc

 

it does it for you a lot of the time

[johno23]

Here is the agreement! Would appreciate advice on enforceability!

 

 

 

 

 

 

 

 

[johno23]

any advice caggers!!

[car2403]

The question here is one of construction of the agreement.

 

To be enforceable, it requires a credit limit, interest rates and repayment terms - but they all have to be part of a single signature document to be enforced in Court.

 

We've seen this in other MBNA threads, where the signature appears to be on a different document to the prescribed terms. It would be worth your while looking through some of the MBNA success threads and coming back here with any questions.

 

Oh, thread renamed...

[johno23]

Ok from reading other threads what I can gather from the two documents attached is that they are not related.

 

The first document states when assessing your application. So i have signed an appliaction form.

It also states before signing the agreement you must read section 11 in the terms and conditions provided.

It also states that we will use our credit scoring system to assess your application.

 

The second document states that the rest of your terms & conditions paragraphs 4 - 19 can be found in the full copy which is enclosed.

also why does it only state interest APR for 1,000, 3000 & 5000

 

so not in the full signed agreement.

 

Not sure though if all the prescribed terms are in the second document.

 

Can someone please help and look to see if i am on the right lines here!

 

Much appreciated

 

Johno

Edited June 7, 2009 by johno23

[car2403]

I think you are, yes.

 

The prescribed terms cannot be in another document - they have to appear as part of the agreement document that is signed by the Debtor to be enforceable

[johno23]

Thanks all for your excellent advice.

 

I have read another thread with the same CCA as me and all comments state it is unenforceable.

 

So will just sit back and wait for their next step!!

[johno23]

Interesting the letters i have received recently from MBNA

 

Notice of a potential court order on your property - our intintial investigation indicate that you are a homeowner.

 

We have undertaken a credit enquiry and we have noticed you are making regular payments to some creditors

 

Are they allowed to undertake a credit enquiry

 

thanks

[johno23]

ok very little communication from MBNA teally, apart from a phone call now and then.

 

MBNA make contact now on mobile phones so very hard to bar all numbers.

 

however they at the moment keep making threats that they are going to sell the debt.

 

still waiting for their next move

[Guest]

Hi Johno, I have been sent a CCA exactly the same as yours (except mine is for £15,000). I've subscribed to your thread. Maybe we can help each other?

 

I received mine as part of a S7 DPA request, so I've sent a formal CCA request with £1 to see if they send me the same thing.

 

I can see no evidence that the two halves of the document fit together.

 

(my CCA is here)

 

Cheers

 

Simon

[johno23]

Ok

Account has now been terminated and sold to a DCA.

 

I have received notifcation of this by MBNA and it also states this on my credit file.

 

I am now awaiting contact by the DCA, so dodgy CCA, dodgy default notice, looking good!

[johno23]

Sold to experto Credito anyone heard of these monkeys!!

[supasnooper]

Yes, Experto Credito appear to be MBNA's latest choice for dumping their unenforceable debt on.

 

Have a search on the forum for them.

[johno23]

Hi All

 

I have just looked at my credit report with Call credit and I have a default put on my file last year.

 

Well my report states a default for the last eight months, are they allowed to put a default on every month, especially as the account is terminated.

 

Thanks

 

Johno

Edited May 10, 2010 by johno23

[johno23]

hi all

 

Would like some help if possible please!

 

I have Experto Credite chasing me for a debt of over £10K.

 

I asked Experto for a copy of the credit agreement and default notice.

 

Experto have been assigned the debt by MBNA.

 

The credit agreement I received was unsigned.

 

The default notice was for the arrears dated 9th october 2009 to remedy the breach by the 26th October 2009.

 

I am not sure if this was first or second class.

 

The letter of assignment they sent to me was dated 21st June 2010 as they say this is the date they sent it because the info is computer generated from the date it was ordered from MBNA.

 

Please can someone give me some advice on the dates as the 9th October was a friday. Also if I should send a letter of unlawful recission.

 

Have just donated to this wonderful site again

 

Many Thanks as always!!

 

Johno23

[cerberusalert]

If it was posted 1st class you would be deemed to have received it 13th... 14 days to remedy = 27th, second class it would be 29th.

[johno23]

Thanks Cerbs

so i will send the letter that i accept unlawful recission of contract.

is that sent to original creditor or experto who now own the debt

many thanks

[johno23]

Hi all

 

I realise that I need to send unlawful recission of contract letter due to an invalid deafult notice.

 

Now I have just checked my credit files and a default and termination of the account occured on the 30th Sept 09.

 

Now the default notice was only sent on the 9th Oct 09 for the breach to be remeded on the 26 October 09.

 

What does this mean that they have terminated and defaulted before the receiving of a default notice.

 

Many Thanks

[johno23]

Hi

 

I have just had a letter sent to me by Fairfax solicitors, debt was sold to credite experto who have now got fairfax to contact me.

 

Are fairfax likely to go to court if a ignore, or do i need to respond.

 

Anyone got any ideas of a letter i should send.

 

Thanks

 

Johno