mbna cca... is it enforceable

[allthebestintentions]

hi guys i was wondering if someone could take a look at this documents from mbna and tell me if the agreement is enforceable. i remember filling this form in at an airport so im assuming its just the application?? if it is unenforceable whats next step

 

thanks in advance

[allthebestintentions]

sorry for being a fool but how can i see the documents full size or have i done something wrong??

[silverfox1961]

Hi,

Try this how-to I stole

 

 

It seems tricky at first, but is fairly simple really.

 

1, Scan your DCA letter/whatever you want to show on the forum.

Ideal setting is 100dpi as it's closest to computer monitor display resolution.

 

2, Save the scanned image as a jpeg

Step 2.5 Edit out any personal information, barcodes or any other comments, notes or markings around the edge of the document. Never change the original document you received

2.5, Load the saved image into MS Paint. (comes free with Windows.) Use the pain brush or spray can to remove/paint over any personal info, such as name, account number, address, etc. Also remove any barcodes, as some DCAs may be able to identify you from these.

 

3, Create an account on Photobucket.

 

4, Once you have a Photobucket account, you'll find on the main webpage little box where you can upload photos. Click the "upload image" box and then tell it where on your hard disk you saved your scanned jpeg. It will then upload the image to Photobucket and it will show you thumbnails of the images you have uploaded. Under each image there are links that you can copy and paste.

 

5, Copy the IMG link below the image you want to put on the forum. Then reply to thread on CAG. Right click with the mouse and select "paste" from the little menu that pops up.

 

6, You'll then get some text appear in your message that looks a bit like this.

 

 

When you submit the reply, the text will change into the image you uploaded onto photobucket. The text you copied and pasted is just the information the forum needs, so it knows where to find your photo and display it in your message.

 

 

Courtesy of Fuzzybobble

[allthebestintentions]

Image hosting, free photo sharing & video sharing at Photobucket

[allthebestintentions]

hi again i think thats it now so if someone gets a chance to look over them that would be awesome

Edited November 17, 2009 by allthebestintentions

[allthebestintentions]

thanks silverfox

[silverfox1961]

As I see it, there are none of the required terms on the signature page and no reference on the signature page to separate terms and conditions.

 

I would wait for more experienced eyes to look it over but in my opinion, it's unenforceable.

 

An account in dispute letter is in order. I happen to like this one:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172071-letter-co-solicitors.html#post1856406

 

Don't forget

Never sign the letters unless you can ensure that it can't be "lifted". If you need to sign, I recommend using this:

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=9902&d=1245343818

 

Send all letters by recorded delivery.

 

 

fox

[allthebestintentions]

thanks for that. my signature is on the form from the application but obviously its covered up. that was my only concern because it is signed and dated.

[silverfox1961]

To make an agreement enforceable there needs to be the important terms included within the 4 corners of the signature page. These are:

 

The APR

A credit limit or a statement saying they will set the limit

Repayment terms.

 

I can't see any of these on your agreement (unless my eyes are well dodgy )

 

Matters not that you have signed it because you didn't know what you signing for as you were not given the terms and conditions nor were they on the form to allow you to make an informed judgement.

[steven4064]

The prescribed terms (credit limit, repayment terms and interest rate as silverfox says) have to be within the 4 corners of the document (not necessarily the signature page). However, the T&Cs they ahve sent are clearly here a seperate 2-page, 3 column document. So, IMHO, this agreement is not enforceable.

 

Many MBNA application forms have these prescribed terms on the back, often in a thin column on one side af a large advertisment. They have not demonstrated this in your case.

[allthebestintentions]

hi guys just wondering if someone can help me. when they posted this application form out as the cca they sent me a form asking if i require any other info i can get the sar if i send them £10. Im going to send for it but if they have a cca should they also post that with the sar?

[silverfox1961]

If you specify exactly what you want in your SAR, they ought to supply it but be prepared for them to bluff their way out of giving you it all.

It may get so bad that you might have to do what I'm doing, taking a creditor to court to enforce compliance.

If you're lucky, you'll get everything you asked for.

 

fox

[allthebestintentions]

Pictures by soggy3 - Photobucket

 

hi i have added the letter which was sent on my behalf by a firm which i was going to use because of lack of time confidence and know how and was wondering if someone can look over it to see if its ok and perhaps give me a link for a letter to put the account in dispute. thanks alot

[silverfox1961]

Hi,

I got your PM but I have no idea what you wanted me to look at.

That letter from Brunel Franklin was just a more legalese CCA request.

As for putting the account into dispute, I did post a link to an account in dispute letter in post 7 but here's an alternative one one for you to have a look at:

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

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

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

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

 

If you need anything else just shout and I will help if I'm able.

 

 

fox

[allthebestintentions]

i did see the letter you put up but wasnt sure if it was relevant to the letter brunnel franklin sent out for me and just wanted to make sure. thanks for the reply. i will post letter out tomorrow and keep you posted. thanks again

[allthebestintentions]

i sent that letter off this morning recorded delivery. i havent paid this month and this is the first payment i have missed... whats the procedure now... i suppose i will be bombarded with phone calls and the likes?

[allthebestintentions]

would someone be good enough to give me a quick explanation as to why my form is not enforceable. sorry to be a pest but im just really trying to get to grips with this site.

[allthebestintentions]

hi guys i have received my statement today. i havent received any letter or anything to say they have received my previous letter. They have not put a late fee on my account but have said it is overdue. I think their time is up on the 22nd but maybe someone can confirm that. What is the next step for me please?

[allthebestintentions]

Hi can anyone advise me on the next step after the account in dispute letter..thanks

[silverfox1961]

HI, Got your PM.

 

As you have sent the account in dispute letter, there's not much more you can do. The ball is in their court.

 

Chances are they will try to flog the debt off to a freindly () DCA but you will be able to see them off.

 

If MBNA start hassling you, complain to them first and if they dismiss your complaint, go higher (OFT, FOS, Trading Standards, MP,MEP)

 

 

fox

[allthebestintentions]

okey dokey...thanks for that

[allthebestintentions]

just received this email and am wondering what to do about it. i have not received any reply from my account in dispute letter but i was told on fri over a phone call i answered from them that they were looking into it and i should get a response soon.. any ideas. thanks

 

 

 

 

 

Despite the reminders on your statement and our attempts to resolve this matter, we have not received a payment. You should be aware that prompt payment avoids late charges and negative information being registered against you with the Credit Card Reference Agencies. A good credit record is vital if you plan further borrowings in the future such as a mortgage or a personal loan.

 

Please call us on 08000 280689 to discuss this matter. Our specialists are available Monday to Thursday 8am to 9pm, Friday 8am to 7pm and Saturday 9am to 3pm.

[steven4064]

Just write back - tell them you are not going to ring and they shouldn't ring you, the account is in dispute and you will not respond to any communication until they resolve the dispute

[allthebestintentions]

http://s659.photobucket.com/albums/uu314/soggy3/?action=view&current=mbnaletter.jpg

 

 

hi guys

any ideas how i should respond to this

 

cheers

[allthebestintentions]

anyone??