MBNA (Virgin) Credit Card!!!!

[Krackerjaxx]

Hi anyone,

 

I'd like some advice if there's anybody out there to help me.

 

I sent a request for a copy of my agreement under the CCA. I've received a copy of what looks like my application form - I have signed it at the bottom but it doesn't look like an agreement.

 

Am i right in believing it should contain the credit limit, interest rate etc., as it doesn't.

 

Does this mean they don't have one and if that's the case can this be unenforceable. Also I noticed no box was ticked on the PPI section - they've been charging me PPI on my monthly statements.

 

What should i do regarding the application form and the PPI they're charging me.

 

Any advice greatly accepted.

 

Thanx Krackerjaxx

[sunflower99]

Is it a pre 2007 agreement?Any cca drawn up before 2007 has to contains prescribed terms on same document as signaure wthin the four corners so to speak! otherwise it is not legally enfoeceable in court

[Krackerjaxx]

Hi yea it was 2003.

[sunflower99]

sounds like yours is unenforceable as it contains no prescribed terms and being from 2003 very likely unlikely they got a properly excuted original executed agreement:)

[sunflower99]

Dear Sirs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a copy of an application form and your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

 

Yours faithfully

__________________

[sunflower99]

You could hit them with the above letter amended to suit to show them you dont accept application form with no prescribed temrm suitable reponse:)

[Krackerjaxx]

Thanx sunflower, don't think I mentioned that I hadn't ticked any PPI box yet they've been charging my account - so I mentioned this in my return letter and they've replied saying the PPI is being investigted - but nothing about the application form. Should I wait and c what they say about the PPI before pushing the application form?

 

Thanks

[Krackerjaxx]

MBNA (Virgin) rang me today about the PPI, she tried to say that I would of agreed to the PPI when I activated the card! I disagreed, she put me on hold for a few minutes then come back to say "to reslove this mater they'll refund me £408 plus £15 interest - i didn't know what to say so made an excuse about cooking tea and she's ringing back tomorrow. She is also supposed to be looking into what's happend to my CCA request and why I only received an application form. What should I do when she rings back tomorrow????

[sunflower99]

HI Krackerjax

personally i dont dicuss things with DCA sover phone and a lot of caggers agree with me its aways best to have things in writing,amd there is also no proofF what was said and none if just over phone! ,I suspect there is quite a high chance they will not find anything enforceable as an alleged CCA for agreement in an account that old so you could ignore cca and waitto see what their next move is,I am afraid i not been down the road of claiming back unfair payment protecton plan money so might need to ask someone else about that ,I dont know how fair £408 plus interestis ,Have you got a Sar equest of them and aded up PPP charges,?to get an idea of what they should be paying ,I hope someone else will be along to help you with ppI payments questions

[Krackerjaxx]

Thanx for that sunflower - they must be in the wrong to offer me a refund without me having to kick off but i'm thinking it must be more than that! Think a Subject Access Request would be a good idea.

I'll let you know the outcome.

[Krackerjaxx]

Hi Sunflower

 

MBNA have agreed to refund the PPI.... but to the credit card - I think not! I've also received a letter back saying that the application form constitutes an agreement, could this be possible. Again I have written back to them saying it's not a properly executed agreement just an application form with some photocopied T&C's stapled to the back. So I've told them unless they provide me with a properly executed agreement I want the balance of £500 shown as settled an d my credit file marked as settled! Am i right i doing this

 

Thanx Krackerjxx