MBNA CCA is it enforceable? Advice greatly appreciated

[falten]

I requested a copy of my CCA from MBNA a while ago. The account went into dispute and then I sent the dispute letter as they hadn't provided any copy of a signed CCA. Then a few weeks ago a copy of an electronically signed agreement arrived from MBNA. I would really appreciate any advice as to whether the agreement is enforceable. They are saying that their next step is legal action. I have attached a copy and have blocked out my personal details and reference number on the first page. I noticed that there were no reference numbers or anything else linking the pages together, is this correct?

 

Thanks

Falten

Full page photo.pdf

[supasnooper]

Hi there,

 

The agreement for the account you have posted up appears to be one that you have applied for online.

 

As such, a tick represents your signature and contains the prescribed terms.

 

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

 

 

Is My Agreement Enforceable - Useful

 

 

Consumer Credit Agreements

[falten]

Thanks supasnooper for your response. I have read through the link on enforceability of CCAs. On the MBNA CCA that I posted, it stated that MBNA will choose my credit limit and tell me what it is. Is this sufficient details with regards a credit limit on the credit card, does this not sound more like an application for credit form?

 

The other thing is the "Your right to Cancel" section states "once you have signed the agreement you will have a short time in which to cancel it. We will send you details of how and when you can do this." Is this allowed?

 

MBNA refers to details in paragraphs 1 - 14. On this agreement there are only sections 1 - 3.

 

Thanks

Falten

[supasnooper]

Thanks supasnooper for your response. I have read through the link on enforceability of CCAs. On the MBNA CCA that I posted, it stated that MBNA will choose my credit limit and tell me what it is. Is this sufficient details with regards a credit limit on the credit card, does this not sound more like an application for credit form?

 

Yes, MBNA can choose the credit limit.

 

The other thing is the "Your right to Cancel" section states "once you have signed the agreement you will have a short time in which to cancel it. We will send you details of how and when you can do this." Is this allowed?

 

Yes it is.

 

MBNA refers to details in paragraphs 1 - 14. On this agreement there are only sections 1 - 3.

 

If MBNA have referred to certain paragraphs then they must be be within the agreement.

However, I would exercise caution here as it is an online agreement and it would be very easy for them to produce the missing paragraphs

 

Thanks

Falten

 

Hope my comments help.

 

HAve MBNA sent you a Default Notice under section 87 of the Consumer Credit Act 1974 ?