Is my MBNA CCA enforceable?

[mickey33]

I have received this back from MBNA following a request for a copy of my original signed application a breakdown of the account charges and a copy of the terms and conditions for my ppi policy which I was advised I couldn't claim on.

Like many other insurance products I have with products on loans and cards I have not been able to claim for one payment on any of them.

I have been paying £200 a month after being advised I was working towards a partial settlement which I have MBNA emailed confirmation of. I requested this to be backed up in writing on letter headed paper and on doing this they sent me a default notice as I stopped the payments when I was informed there was no record of the agreement on the system.

I have since sent another letter with a complaint about the ppi and enclosing the emails I saved for my records asking for an explanation. No reply so far that was two weeks ago.

Anyway here is a link for the agreement they sent me:

 

http://i33.photobucket.com/albums/d63/carryboyuk/Consumer%20Forum%20Action/File0041.jpg

 

http://i33.photobucket.com/albums/d63/carryboyuk/Consumer%20Forum%20Action/File0036.jpg

 

http://i33.photobucket.com/albums/d63/carryboyuk/Consumer%20Forum%20Action/File0037.jpg

 

http://i33.photobucket.com/albums/d63/carryboyuk/Consumer%20Forum%20Action/File0039.jpg

 

http://i33.photobucket.com/albums/d63/carryboyuk/Consumer%20Forum%20Action/File0039.jpg

 

http://i33.photobucket.com/albums/d63/carryboyuk/Consumer%20Forum%20Action/File0040.jpg

[supasnooper]

The agreement would be enforceable as it does contain the prescribed terms.

It would appear that you applied for the card online, and therefore a tick would suffice to be your electronic signature that you agree to the agreement.

 

Please can you post up the Default Notice.

 

Did you keep the envelope the DN came in ?

Edited October 21, 2009 by supasnooper
additions

[Mydogsawestie]

Yes Supasnooper is right since Oct 2004 online applications are valid without a signature, as long as the box is ticked. Before this, they had to send out a separate CCA for you to sign. Lets hope Supasnooper can confirm if your default notice is perhaps defective for you....hope you have your matters sorted soon

[mickey33]

Does the agreement also have to state the credit limit anywhere? I also have to challenge them on the PPi as the advice given was incorrect and rendered the policy useless.

[Mydogsawestie]

Have a look at these copied from other threads to help you.

 

Consumer Credit Agreements - a guide to enforceability

The Prescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

[mickey33]

Here is a link to a copy of the default notice as requested:

 

http://i33.photobucket.com/albums/d63/carryboyuk/Consumer%20Forum%20Action/File0042.jpg

 

I didn't keep the original envelope sorry.

[griffin036]

It seems mbna send these out using uk mail which is deemed to be a second class post, therefore if date of posting is 09/10/09 it would deemed to have been served on 13/10/09 giving you until the 27/10/09 to rectify. As they are one day short of the requirement the d/n is deffective IMHO.

[mickey33]

I have sent a complaint letter to MBNA regarding my insurance and have asked why I was misled regarding the regular payments that I made on the account in the last 12 months at £200 a month. To date no reply sent recorded who do I escalate this to now it has been over a month.

[mickey33]

Any help anyone?

[alternative-answer]

Mine isn't, if it predates April 2007 the chances are it breaches the CCA. PM me and I'll tell you more!

[IdaInFife]

Please keep any advice to the Open forum

 

ida x

[mickey33]

Thanks ida I agree with that. I will be sending a letter to the financial ombudsman about this matter I am fed up with being ignored.

[IdaInFife]

You DN is faulty

 

have a read of this to understand:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/200901-anatomy-default-notice.html

 

 

dated 09th oc which was a friday 2 days for posting plus 14 days would take you 28 th

 

ida x

[mickey33]

Hi ida,

 

the DN does appear to be faulty what action can I now take.

 

No confirmation yet that the agreement has been terminated and no response to my complaint letter in relation to my ppi and payments made on account that were meant to be working towards an agreed settlement.

 

It does baffle me that when you comply with everything thats required of you then the moment you start asking reasonable questions they jump all over you in thanks for your previous loyalty no wonder so many customers like me are left miffed.

[IdaInFife]

to be honest, what i would do at the moment is nothing and wait for termination notice.

 

did they give a reason that you could not claim? missold on an online agreement would be hard to say otherwise

 

is there a specific reason that they would not pay out?

 

If I would you i would serch the legal forums to read up more about faulty dn's so you fully understand the process but do not give this up to them

 

Ida x

[HP Mum]

Can someone advise if this MBNA Agreement (below on Photobucket link) is enforceable ?

It was taken out in May 2005.

One page document, front and back details.

 

I have had loads of letters from LINK Financial, agreed to pay them a nominal amount against mbna debt, but stopped paying them in July. Am worried now that I will get a Claim form through soon for repayment of the whole debt. Want to pre-empt that by either sending request pursuant to S.78 of CCA 74 or a CPR 31.16 request.

 

Please help.

 

http://i841.photobucket.com/albums/zz340/hpmum/mbnacca.jpg

 

http://i841.photobucket.com/albums/zz340/hpmum/mbnaccabackpage.jpg

 

Thanks in advance.

[supasnooper]

It seems mbna send these out using uk mail which is deemed to be a second class post, therefore if date of posting is 09/10/09 it would deemed to have been served on 13/10/09 giving you until the 27/10/09 to rectify. As they are one day short of the requirement the d/n is deffective IMHO.

 

Whilst what griffin036 says is correct; technically the date that the Default Notice would be deemed served is Thursday 15th October 2009 This would only allow 12 days to rectify the Default Notice.

 

Why ?

Saturday and Sunday are not counted as actual working days for service.

 

The relevant info can be found here -

 

B_R_W's post on DN's

 

 

BTW - I'm not being picky but it gives the claimants less room to manoeuvre.......and ensures you've done your homework.

[mickey33]

Hi Ida,

 

MBNA will not respond to any recorded written requests for any explanation as to why I was not able to claim on the insurance. I requested a claim form and then backed that up in writing as well and received nothing. I called and asked for the insurance section I was put through I then explained my circumstances.

Full time carer for wife and child wife suffering with disability etc had to shut my business to be at home and was informed it was unlikely I would be successful but forms would be sent that were never received.

Ignored and still ignored even as recently as last month and the request went in mid last year.

Not sure what else to do but wait. I called numerous times just to be informed they are not the type of organisation that puts things in writing that was stated by a staff member which will remain nameless for now.

[HP Mum]

Can someone please have a look at my agreements and advise best way forward for me....

 

http://i841.photobucket.com/albums/z...um/mbnacca.jpg

 

http://i841.photobucket.com/albums/z...cabackpage.jpg

[Jules55]

Can you still send a CCA's off to credit card Companies (all cards taken out between 1990-2000 ) if you have been under a Debt Management Programme for about 6 months?

[chickenboy]

If you have an application form for a credit card,and nothing else, it is not a credit agreement and so it is NOT enforceable by itself!!!!!!!!!!!

My solicitor has advised me that a credit agreement should be about 20-30 pages long! If you have not signed something of this length then you,like everyone else prior to April 2007, have NOT signed a credit agreement and they cannot enforce the debt!

The procedure for applying for a credit card after April 2007 is far more stringent-after you send them the completed application form they will send you the credit agreement for you to sign/date etc.Only when they get this back will they issue you with a card.

[chickenboy]

The fact that you are in a DMP is not relevant.

If they do not have a properly executed agreement they cannot enforce the debt.

[griffin036]

If you have an application form for a credit card,and nothing else, it is not a credit agreement and so it is NOT enforceable by itself!!!!!!!!!!!

My solicitor has advised me that a credit agreement should be about 20-30 pages long! If you have not signed something of this length then you,like everyone else prior to April 2007, have NOT signed a credit agreement and they cannot enforce the debt!

The procedure for applying for a credit card after April 2007 is far more stringent-after you send them the completed application form they will send you the credit agreement for you to sign/date etc.Only when they get this back will they issue you with a card.

 

I think you would be treading on extremely dodgy ground if you rely on your "solicitors" advice. Application forms ( pre 2007) which contain prescribed terms and signed by both debtor and creditor would be found by a DJ to be enforceable. A member of the site team has already commented on the OP's cca, being in his opinion enforceable. The only issue in the OP's favour being that the DN would seem to be defective.