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MBNA have suddenly sent a signed cca after 6 months


Montague123
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Hi all

 

I would really appreciate your help on this one

 

I have been battling with MBNA for the last 6 months

 

I requested a CCA back in Jan to no avail

 

 

They then sold my debt on and suddenly yesterday sent the below

 

I would really appreciate if anybody ould look at it and advise me as to whether it is enforceable

 

Thank you

 

Montagaue

MBNA8.pdf

MBNA88.pdf

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Hi,

I am slightly concerned with this "agreement"

None of the prescribed terms are on it.

They haven't sent you a copy of the original terms and conditions, only the most recent.

Also, on the loosely called agreement, they say they will send out info on your cancellation rights. As the cancellation info is included in the terms and conditions, would it not be logical to assume that you would never have seen the T's&C's when you signed.

 

In my opinion, its unenforceable.

 

You say they have sold the debt on, Who to?

 

 

fox

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You could try this.

 

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

 

As I said, I think it's UNenforceable but keep bumping for more help

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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The T&Cs they sent are obviously not part of the same document as the application form. THe application form therefore is a document that has your signature but not the prescribed terms. It is therefore unenforceable by MBNA (as it is not properly executed) and unenforceable by a court (as it does not comply with s127(3) of the CCA 1974)

Steven

 

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