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squidward

Squidward V Abbey Card MBNA

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Hi All

 

I have been posting in the General debt Issues forum but think it's time to

move it here I hope it's now found it's home !

 

The History,

 

On the 1st April 09 I sent a CCA Request to Abbey card MBNA to which I no reply On the 22nd April I put the Account into dispute and stopped paying them Had various phone calls to my home mobile and work :eek: many of the calls I ignored and a couple I answered just to ask were my CCA was!

 

Well today 22nd June I received the CCA the tear off strip variety with current T&C's, now my question is this enforceable as it looks to have the T&C's printed onto both sides and not within the 4 corners. It also refers to "condition 11" of the terms and conditions provided so a second document.

 

Para 1.4 (b) refers to other conditions in 2.4 3.5 and 3.6 there is no 3.5 or 3.6 ?

 

Any Ideas as to the enforceability of this CCA ?

 

Link to CCA Agreement

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2242346.html

 

Thanks

 

Squidward

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It has the prescribed terms on one side and your signature on the other. It is enforceable unless you can persuade a court that the two bits are not part of the same document. However, I would say that the balance of probabilities is that they are. Unfortunately.


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Hi Steven4064

 

Thank you for your reply

 

unfortunately they do seem to be the front and back of the agreement :mad:

 

Would there be any problems now in SAR and claiming back the charges?

 

Is there any other routes I can take as I really don't want to give these jokers any more of my money than I have to especially as I already paying 34.9% interest on a 9k balance !

 

Also while the account has been in dispute they have applied interest late payment and default charges no Default notice thou...

 

Any help on which way to go now gratefully received.

 

Cheers Squidward

 

P.S got this little gem in the post today.

scan0036copy.jpg

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Yes you most certainly should reclaim charges. Start ASAP. If they take you to couurt in the meantime, countercalim for the charges.

 

And when I say charges, I mean charges plus the interest they levied on the charges at their rate of 30%, or whatever it is. And the 8% on top you are entilted to under s69 of the County Courts ACt 1984.


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Hi One more question

 

The T&C's they sent are there current ones I believe they should have sent the T&C's from when the account was opened - does that mean there still in default or am I just clutching at straws ?

 

Cheers Squid ward

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Under the regulations, they can send current T&Cs in reply to a request under s78. However, that doesn't constitute an enforceable agreement.

 

I have jsut explained this on another thread - http://www.consumeractiongroup.co.uk/forum/mbna/205714-cupcake-mbna-him.html#post2243723


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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