MBNA cca - is it enforceable please

[up2meears]

Hi Everyone,

 

Could someone please have a look at the attached and let me know if it is enforceable. I have been looking for similar ccas but each one I've found is slightly different. So now I'm confuzzled (which isn't hard for me )

 

If it is unenforcable what is my best way forward?

 

I appreciate all your advice and fingers crossed I've uploaded attachments ok.

 

Thanks

 

I've removed the images cos I posted them up wrong. Thanks Fred Bassett for the advice

 

Up2 x

Edited June 28, 2009 by up2meears

[miss muppet]

Well, the first one clearly states application form, where was the second page - on the back or separate? Is it as illegible as it seems?

[up2meears]

Hi Miss Muppet,

 

The second page was on a seperate piece of A4 paper to the signiture form and T&Cs.

[Benni Bronx]

Hi guys

 

Never posted on here before but in the process of getting cc declared as unenforcable by MBNA.

 

The form they have sent me is almost identical to Dave Firewalkers in his original thread.

 

The prescribed terms of the Credit Limit and Interest Rate are missing and a signature for the lender.

 

They are now threatening a Legal Charge on my property even though I know that it wouldn't stand up.

 

I am also going to send them an SAR as I am aware that I can reclaim some money from them???

 

Is there a standard letter that I can use to request this???

 

Sorry for Hi-Jacking this thread!!! Maybe I should start my own thread but don't know how?? Lol...

[Benni Bronx]

Sorry to quickly add that it is almost identical to the one on this thread too!

 

And also that it is only the same as the 1st copy above. They sent me no application form :-S

Edited June 28, 2009 by Benni Bronx

[miss muppet]

Well, you two, have a good look around here, particularly at the legal issues thread and also do a search on consumer credit agreements. You will get a good old run around from MBNA and should also do a Subject Access request with £10 postal order to see what that turns up, they probably won't reply until they are absolutely forced to do so ie. just before court action but you can report them to the Information Commisioner.

[miss muppet]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/86182-fred-bassett-mbna.html#post779349

 

I'm hoping that the the above link will be to fred basset's thread which is concerned with application forms which should help!

[miss muppet]

ok, I'm on a roll now, I didn't even know this was on the site and hope I have mastered linkbacks sufficiently to point it out to you:-

http://www.consumeractiongroup.co.uk/forum/legal-issues/163425-re-me-mbna-court-7.html#post2172499

follow the link in that post and there is tons of info on MBNA!

[up2meears]

Thank you Miss Muppet,

 

I'll have a god look around

[Benni Bronx]

Thanks for those! Hope to report some positive news in the not too distant future

[cerberusalert]

[cerberusalert]

If they are the front and reverse of the same CCA it would be enforceable, however I'm not totally convinced that they are. If you look at the top right hand corner of the first part of the form there is a jagged edge protruding, however when you look on the lower copy which is supposed to be the reverse, it doesn't show on the top left hand corner which it should.

[up2meears]

Cerberusalert, My knight in shining armour. Once again coming to my rescue. Bless you

[up2meears]

Oh dear, Thanks for that,

 

That jagged edge shows on both bits of what they sent me. It's just the way I've copied it. So there is nothing that makes it unenforcable?

[cerberusalert]

All the prescribed terms are within the four corners of the document so it would be deemed as enforceable.

 

Have they defaulted you yet?

[up2meears]

I remember getting something about a default about 4 years ago, but I've searched high and low and can't find anything

[up2meears]

Would it be worth me sending off a SAR? would a default be part of this?

[cerberusalert]

That's a pity you can't find it. You could send a SAR but the chances are they don't have a copy of it either.

[cerberusalert]

What's the state of play with this a/c, have you been paying it since you were sent a default notice?

[up2meears]

Sorry, comp crashed.

 

I had been paying at least the min payment until I went off sick from my job in 2002, when I started paying a 1.00 token payment.

 

I stopped paying the token payment in March when I sent for the CCA

[cerberusalert]

Are you paying MBNA or an outside DCA?

[up2meears]

I was paying Link Financial

[cerberusalert]

It sounds as if Link have bought the debt, that's a pity I was hoping it was still MBNA. To be honest I think your stuck with having to pay them £1 per month.

[up2meears]

Oh dear, 'tis a sad Sunday for me

 

I might send a SAR anyway, because I'm sure I was paying PPI. It says I was on the "application" they sent with the CCA, but I haven't asked for it on the signiture form?

 

Also, I know I am just clutching at straws, but shouldn't the credit limit be visible on the signiture form?

 

Thanks again

[Benni Bronx]

How can this be enforceable??? There is no credit limit set on the form and that is an integral part of the prescribed terms is it not???