Monkeykiwi -v- MBNA/Virgin

[Monkeykiwi]

I have been reading and reading and reading through as many threads as I can re MBNA/Virgin, and I would be really grateful if someone would have a look at the copy of the agreement which MBNA recently sent through to me. It's not a great copy, but it's as good as it gets, sadly, although they did send a letter saying that it was 'the best copy' they could provide. I can actually just about read the copy they sent through to me, though, so don't think I can use the 'illegibility' standpoint.

 

Can you check if all prescribed terms are there?

 

It makes reference to another document, which isn't there.

 

Bizarrely, I found the T&Cs they sent through with the actual card in my pile of filing, and the APRs etc are completely different.

 

I would be grateful for as much advice as possible, because, bless their hearts, they have started sending us the postcards, are about to enter a DN, and sell it on to a third party. PLEASE HELP!!!

 

I haven't used photobucket before so hope this works:

 

Pictures by Monkeykiwi - Photobucket

[citizenB]

Monkey,

 

Your "agreement" looks like so many others that have been posted and for the most part I believe they are being challenged.

 

Here is a link to the library where there are quite a few different copies of MBNA agrrements. See if there is one that is compatible with yours and read any comments posted with it.

 

http://consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/609-mbna-agreementsapplication-forms

 

HTH.

[Monkeykiwi]

Thanks Citizen. I have been through LOADS of the ones that I have seen on CAG, and whilst a number of them are similar, I haven't found one the same. As far as I can tell, there is an issue in proving that the back refers to the front. One other issue I have been reading about is that the Credit Limit was above the amounts in their magic table,and therefore there was no confirmation of the amount they would charge, but I don't know if that is strong enough for my next letter. On the basis that they haven't supplied the rest of the T&Cs referred to in this section, I suppose I could respond saying that they haven't complied with my Credit Agreement Request, and see if that holds things off for a little. However, having read everything I have I don't hold out much hope for that being a prevention of the DN ... Any advice greatly appreciated!!

[vint1954]

Thanks Citizen. I have been through LOADS of the ones that I have seen on CAG, and whilst a number of them are similar, I haven't found one the same. As far as I can tell, there is an issue in proving that the back refers to the front. One other issue I have been reading about is that the Credit Limit was above the amounts in their magic table,and therefore there was no confirmation of the amount they would charge, but I don't know if that is strong enough for my next letter. On the basis that they haven't supplied the rest of the T&Cs referred to in this section, I suppose I could respond saying that they haven't complied with my Credit Agreement Request, and see if that holds things off for a little. However, having read everything I have I don't hold out much hope for that being a prevention of the DN ... Any advice greatly appreciated!!

Try responding with the template letter, but inserting:

 

OFT statement:

 

“The copy of the executed agreement need not be an exact copy but it must be a ‘true copy’ and not some reconstruction of what the original might have been and it must contain the same terms as the original. Where the terms have been varied as provided for within the agreement, the copy of the original agreement must be accompanied by a document setting out the current terms, as varied. Certain details may be omitted from the original agreement eg the signature but the debtor must be in no doubt as to the true nature of his obligations under the loan.

 

Should no original agreement be in existence it is very hard to say that the copy the creditor offers to the debtor is, in fact, a true copy as there would be no original with which to compare it. In our view the onus of proof would be on the creditor to show that the copy is a true one and where none existed he may have difficulty discharging this. Neither should creditors suggest that a consumer has signed a credit agreement where they are unable to provide evidence to support this — to do so is likely to be a misleading action under Regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008 (the CPRs) and would also constitute an unfair or improper business practice.”

 

Most MBNA agreements are poor from this time.

I take it that you have already put the account in dispute?

MBNA will be hard pushed to sell the debt, without the origonal agreement, but they will try.

[WAG6021]

Hi

 

I have just won a case against MBNA for a credit card one of the reasons the county court judge dismissed the case was that the copy of the credit agreement was not clear and legible as prescribed under the CCA 1974 and it was deemed to be unenforceable, i would write and tell them that the agreement is unenforceable on these grounds

 

best of luck

[vint1954]

Hi

 

I have just won a case against MBNA for a credit card one of the reasons the county court judge dismissed the case was that the copy of the credit agreement was not clear and legible as prescribed under the CCA 1974 and it was deemed to be unenforceable, i would write and tell them that the agreement is unenforceable on these grounds

 

best of luck

Yes,

 

The second template letter goes into the unenforceability issue.

 

Did the Judge write off the debt?

[WAG6021]

Yes the whole debt was written off the credit agreement was not the only issue but it would of been enough on its own to deem the agreement unenforceable

[vint1954]

Yes the whole debt was written off the credit agreement was not the only issue but it would of been enough on its own to deem the agreement unenforceable

Well done. Are you able to detail the other issues.

[WAG6021]

Well the original dispute with MBNA was over PPI and interest rate

 

MBNA applied PPI to the account although I did not apply for it and when I got in trouble they doubled the interest rate on the card.

 

In court MBNA breached the CCA 1974 by the following

 

1) Unclear credit agreement as stated earlier

2) failure to inform me of a raise in interest

3) failure to produce a default notice

 

Link who purchased the debt were in breach because they issued a default notice

 

1) After the commencement of court proceedings

2) they included court costs in the figure on the default notice

3) they did not allow me the correct time to comply withe the default notice