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Mitch524

MBNA CCA is it enforceable ?

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Thanks 42man did you have a look at the agreement in question ?

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Can someone please have a look at the agreement in the link above and give advice thanks.

Is it enforceable or not ?

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Mitch,

The application form that is posted in the above link is for an abbey national credit card not MBNA. I cannot see the perscribed terms but you have covered most of it.

I note that you also applied for the PPI and if this was misold you may have the right to claim back all the payments you made on this. You would need to send them a Subject Access Request to find out what the charges are in order to begin claiming them back if you feel they were mis-sold in the first place

I'd be tempted to send them this letter to see what response you get...

 

Re: my request under the Consumer Credit Act 1974

account is in Dispute

On --/--/--- I wrote to you requesting that you supply me a true copy of the executed credit agreement for this account. In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974. The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document. Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states 127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced. In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection. The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states: 2.6 Examples of unfair practices are as follows:

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case.

I respectfully request a response to this letter in 14 days

I trust this outlines the situation

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Thanks Exasperated,

 

It was an MBNA Rangers Card CCA I requested and this is what they sent me in error. I do have the Abbey Card that this belongs to but no CCA has been requested thus far.

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Mitch,

Sorry I am a bit confused you requested a CCA from MBNA and they sent you this Abbey credit card application? and as yet you have not requested Abbey:confused:

The letter posted previuosly is only relevant if in response to your CCA request they sent an application form without the perscribed terms

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Abbey Cards are run by MBNA they have sent this out possibly because this is the only thing they have for me as the card I requested the CCA for was initially a Bank of Scotland card which MBNA took over some time ago. I also requested from them a CCA for a Virgin Card but nothing has been returned for this.

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Ok Mitch,

Then if the time has expired in which they are entitled to respond to your CCA request have you placed the accounts in dispute with the template letter from here?

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