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cag_MBNA

Valid CCA? MBNA Debt

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Alledged MBNA Debt, now passed to Link. I'm out of the country, and was in discussions with MBNA regards a short settlement when they defaulted it, and I'd asked them to put the account in dispute until they provided a breakdown of charges v interest v late payments v "actual cost to them"

 

I sent a SAR and CCA request, and they never responded to the CCA but cashed both cheques, and sent me a whole load of stuff in response to SAR. I think the CCA signature is faked. (Ever since I can remember, my signature leans to the right, but this one leans to the left)

 

Can someone please review and advise if this is a valid and enforceable CCA?

 

http://imgfreehost.com/out.php?i28728_Page1.jpg

http://imgfreehost.com/out.php?i28729_Page2.jpg

out.php?i28728_Page1.jpg

(I can't believe they'd fake a signature on a invalid CCA), but I am 99.9% sure I never signed anything, and am equally sure that is not my signature.

 

Has anyone else experienced similar faked signatures? And what is recommended next steps? (remembering I am out of country, and am unlikely to return. Not at all bothered about CCJs, etc.)

 

Also, how enforceable is a debt outside the UK, if I am living in Ireland. I don't want Irish credit history affected, surely UK law (CCA etc) is un-enforceable outside the UK. I also don't believe Link would have bought the debt if they knew I was out of the country.

 

Thanks,

 

 

Yours confused.

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To be enforceable, an agreement must have the prescribed terms and your signature in the same document. THe prescribed terms are on the first page and your signature on the second. The questoin then is whether this is one document. IMHO a court would probably rule it was on the balance of probabilities - so, yes, IMO it is enforceable.


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Its a long shot but perhaps you can collect more information.

I am not sure what good it is turning up with a CCA that is enforceable if they have violated implied terms of the contract - e.g. defaulting while in dispute, not responding to a CCA within the prescribed periods.

 

Its worth arguing - but look for every little detail. Particularly if you can read the document - look to see if any term references another document, particularly a document that you could not have had in your posession when signing.

 

I couldnt really see if it was signed by both debtor and creditor. I know banks often argue that creditor doesnt need to sign, or that signing a new token counts - but I think this can be argued from the point of view that the processes laid down should be followed exactly. Did the account number change with a new card? Does the card you have now reflect the same product?

 

For example if your original agreement is for a standard card, but subsequently improperly served cards were issued with different terms and a different product name (i.e. a platinum card) it is a different product and the original contract may not apply.

 

The devil is in the detail - but enough details in your favour and you can argue that its material.

 

Enforcement from one country in the EU to another is supposed to be a straightforward exercise....although I really doubt this is the case in practice.

 

One final thought, a graphologist would be able to tell you objectively if the signature is yours. Cast doubt on the signature, have it corroborated by an expert and its a start. Also, try to date the form. Check with other caggers if that form of agreement was around when your account was opened. A certain bank that had changed its logo over the years sent me a CCA and terms, with an obvious anachronis. Needless to say, despite the signed CCA they settled on the basis of a cleverly worded part 36 offer.

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