Mbna Cca ???

[axxsabian]

Hi there.

just wondering if someone could take a look at my MBNA CCA that was recieved today,

Not sure what i'm looking at

 

 

 

Just need some advice on the next step ( if there is one ):D

[diamondgirl]

Hi and welcome

 

I'm sorry to say it's just a bit to small for me to read and I've left the specs at work.

Sure somone will be along who can read it soon.

 

DG

[Mydogsawestie]

Hi axxsabian I have some similar on my post Court papers help required pls if you look at postings #105 to #107. Mine however does not have credit limit though.

 

The CCA should inform you of the APR and interest rate, the method of repayment and also the credit limit or method the limit will be determined (for a loan the actual credit limit is required)

 

Under section 59, 60, 127

The Pescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

[axxsabian]

Hi and welcome

 

I'm sorry to say it's just a bit to small for me to read and I've left the specs at work.

Sure somone will be along who can read it soon.

 

DG

 

Hi there, thanks for looking will see what happens

[axxsabian]

Hi axxsabian I have some similar on my post Court papers help required pls if you look at postings #105 to #107. Mine however does not have credit limit though.

 

The CCA should inform you of the APR and interest rate, the method of repayment and also the credit limit or method the limit will be determined (for a loan the actual credit limit is required)

 

Under section 59, 60, 127

The Pescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

 

 

Hi there thanks for looking, just looking at my cca it seems its all there unless any one can spot anything else, just want to make sure everything is as it should be:grin:

[axxsabian]

Sorry Just Bumping

[axxsabian]

Sorry Guys Bumping Again :d just looking for more opinions please

Edited July 2, 2009 by axxsabian

[axxsabian]

hi there just wondering if anyone can take a quick look at what i received from mbna i know this is an old thread but need to get something sorted with it now, just wont your opinions on it

thanks

[supasnooper]

MDAW has correctly answered your question earlier.

 

Have a look at these links which may help you understand the enforceabilty of the paperwork (courtesy of 42man & steven4064) -

 

 

Is My Agreement Enforceable - Useful

Consumer Credit Agreements

[axxsabian]

Well it's been sometime now since i started this post so ithink its time i should continue as the situation has changed on the account.

I've been looking through my paper work and found the default notice would someone have a glance at it please

[axxsabian]

Also recieved a little letter from your freind and mine " Restons "

 

[supasnooper]

This Default Notice changes things for you.

 

Do you happen to have the envelope that this letter came in ?

 

As usual, MBNA have given a 17 day period for you to remedy the Default Notice.

However, MBNA 99% of the time will post out Default Notices using UKMAil S delivery service which is a 2nd class postage service.

 

HAve a read of this post for more info - http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

 

I'd also read these two threads to see how a defective DN played a part in these cases-

 

http://www.consumeractiongroup.co.uk/forum/DCA-legal-successes/170484-fairbyblue-mbna-restons-court.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/160395-restons-court-action.html

[axxsabian]

Then we sent in our token offer along with a common financial statement completed in con junction with the CAB and this is what we got back

[axxsabian]

Hi there supasnooper , sorry but i dont have the envoplope thr DN came in as it was back in march:mad:

[supasnooper]

Hi there supasnooper , sorry but i dont have the envoplope thr DN came in as it was back in march:mad:

 

 

Oh well.....never mind.

 

I'd make a start reading the threads I've posted the links to.

[axxsabian]

And like a stupid numpty i sent an SAR to restons thinking they would seek the information from MBNA as they say in there first letter " All letters regarding the account should be addressed to restons " and this is what we got

 

Edited February 26, 2010 by axxsabian

[axxsabian]

Oh well.....never mind.

 

I'd make a start reading the threads I've posted the links to.

 

 

does the DN look in order to you or is there somthing not right ??

[supasnooper]

It may not be such a waste of £10.00.

 

Keep the SAR response safe and then use it as a checklist later on.

 

Read the links I posted earlier as to why.

 

Please do get a SAR off to MBNA as soon as possible....and make sure you request the Comms Log........ read the links I posted earlier.

[axxsabian]

The thing about restons reply to my SAR is that they hold no information about me what so ever only my name address and how much they say i owe, so how can they threaten " legal action " if they dont hold any relivant info on the account, surley it's in there best interest to have that info to make a judgment on weather or not that legal action can be considered

[supasnooper]

does the DN look in order to you or is there somthing not right ??

 

 

The DN is defective - read post #12.

 

the reply I posted was a response to you not having kept the envelope and that you should start reading the threads I've posted links to. These links will give a huge insight into how Restons play the game.

[axxsabian]

The DN is defective - read post #12.

 

the reply I posted was a response to you not having kept the envelope and that you should start reading the threads I've posted links to. These links will give a huge insight into how Restons play the game.

 

 

so by them only asking for only the arrears on the account they no longer have a live account and have recinded on the actual agreement and terminated it

[axxsabian]

Also recieved this letter from restond regarding a reply i put together to there SAR responce just outlining that they should have sought the relivant info from MBNA and if they do not hold the info required please pass the account back to MBNA and stop wasting everybodys time with the threat of legal action

 

 

[supasnooper]

Restons letter is correct....they have complied with your SAR to them.

 

Restons have responded correctly to the request.

 

If Restons proceed with legal action, then they will request the details they need from the creditor.

 

Now get the SAR off to MBNA; read the two threads I posted and forget about Restons SAR letters for now.

[axxsabian]

Sent the SAR off yesterday afternoon recorded delivery, we shall see what happens,

[supasnooper]

Excellent.............let's see what comes back.