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CCA received - MBNA

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Two questions - I hope someone can help with.

 

1)

 

I received this CCA (attached) from MBNA a while ago now. I think it is enforceable as I had signed it. (Interestingly, another two agreements are still outstanding that were sent to MBNA at the same time as this one they have replied to)

 

I signed the agreement at the time i applied, someone with a clipboard took my details and sent it off.

 

Could anyone comment if this agreement is such that I should be standing my ground and arguing it is actually unenforceable?

 

2)

 

I also have another I received which may be unenforceable, I have a bigger question regarding that situation.

 

I am currently continuing to make payments as I dont want my credit score ruined. Does that mean I will be in a catch 22 situation? ie saying its in dispute but making payments. My main issue is I dont want them to say, thats it, we want the whole balance back now. I can hardly afford the minimum payments, let alone further demands.

 

Even though a cca can be argued to be unenforceable - they can still ruin my credit file cant they?

 

What options are there to avoid credit reports being ruined but claim an agreement should not be enforced. Is me continuing to pay weakening my position should it be drawn into a legal battle?

 

Its all a little confusing regarding the actual logistics of dealing with these requests.

 

I have followed quite a few threads with interest but I am still at a loss what the 'best' course of action is.

 

Thanks everso for any help provided

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Hi,

See the bits in red below.

 

Two questions - I hope someone can help with.

 

1)

 

I received this CCA (attached) from MBNA a while ago now. I think it is enforceable as I had signed it. (Interestingly, another two agreements are still outstanding that were sent to MBNA at the same time as this one they have replied to)

 

I think the agreement is a good un. All the key terms are there as far as I can see

 

I signed the agreement at the time i applied, someone with a clipboard took my details and sent it off.

 

Could anyone comment if this agreement is such that I should be standing my ground and arguing it is actually unenforceable?

 

I don't think any argument will stand up

2)

 

I also have another I received which may be unenforceable, I have a bigger question regarding that situation.

 

I am currently continuing to make payments as I dont want my credit score ruined. Does that mean I will be in a catch 22 situation? ie saying its in dispute but making payments. My main issue is I dont want them to say, thats it, we want the whole balance back now. I can hardly afford the minimum payments, let alone further demands.

 

Even though a cca can be argued to be unenforceable - they can still ruin my credit file cant they?

 

While you are paying at least the minimum, they will be happy but once you start paying less than the minimum, they will mark your file and there is nothing you can do about it. Once you get into financial trouble (through no fault of your own) you get penalised even though you are trying to pay them at least something, You could try the negotiation route and ask them if they won't mark your file but I think it's highly unlikely they'll agree

 

What options are there to avoid credit reports being ruined but claim an agreement should not be enforced. Is me continuing to pay weakening my position should it be drawn into a legal battle?

 

If you were paying them at least something and they took you to court, they would look a little foolish as you could show that you were trying to service your debts

 

Its all a little confusing regarding the actual logistics of dealing with these requests.

 

I have followed quite a few threads with interest but I am still at a loss what the 'best' course of action is.

 

Thanks everso for any help provided

forumbox_top_left.gifforumbox_top_tile.gifforumbox_top_right.gifforumbox_left_tile.gifCredit Report Click link to open in new window.

forumbox_right_tile.gifforumbox_bottom_left.gifforumbox_bottom_tile.gifforumbox_bottom_right.gif

 

 

Have a look here for letters to help when trying to get reduced payments accepted:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Here is a letter that you could send for the agreements that haven't been supplied:

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

Make sure it is sent recorded delivery.

 

I think that in the long run, your credit file is going to get royally screwed over especially if the other agreements that haven't turned up yet either turn up and they're duff or they don't turn up at all and you stop paying. Once you put an account into dispute and stop paying, they will mark your credit file and the Information Commissioner has said it is ok to do so.

 

 

fox

Hope you can make sense of my ramblings :)

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