Interest on dodgey CCAs

[unredacted]

Hi all

I recently received my CCA from mbna which turns out to be unreadable one sided application form, after carefull examination with large magnifying glass I find it contains no priscribed terms and conditions but is duly signed by me.

Now I'm thinking why do they charge interest of varying rates to this alleged account when they have not been given the right to do so.

I think that I should ask for all the interest paid to be returned if they cannot prove authority to charge interest.

Has anybody tried this route and if so the form of letter please?

[amber]

Firstly, you need to post up a copy of your CCA so the members of the site can help you in assessing its enforceability. Minus your personal details of course. You can use Photobucket to do this.

Does it tell you your Credit Limit?

Does it state your APR?

Did they send you the T&C's from the accounts inception?

When did you take out the account?

 

Post it up then folk will be able to advise you further.

 

Regards

 

 

Amber

[unredacted]

Hi Amber.

I would gladly post the form but it is unreadable and only then a good guesstjmation with magnifying glass. It is a5 with persoal details but no prescribed terms or reference to anysuch terms. Under the heading Application form it states it is a credit aggreement regulated by the act and so on but gives no detail in the credit agreement box save I apply for a credit card and agree to the terms and conditions of use. the agreement dates from early 1997

[amber]

Advice given to me from maroondevo, so thanks to him x

 

The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 SI No. 1557 states:

 

Legibility of notices and copy documents and wording of prescribed Forms

2.-(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper.

[amber]

Here's the letter to send:

 

You might have to edit this to suit..................

 

 

Dear Sir,

 

Thank you for the reply to my letter dated XX/XX.2009.

 

Having taken the time to look over the documents supplied in response to my statutory request made under the Consumer Credit Act 1974, I have the following concerns.

 

The document entitled “credit card agreement regulated by the Consumer Credit Act 1974” which appears to bear my signature fails to comply with the requirements of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557). In particular section 2 of the Regulations.

 

As you will be no doubt aware, the Copy Document Regulations requires that documents are easily legible and clearly the terms of the agreement are not easily legible, in fact far from it. Many of the terms are blurred and cannot be interpreted and I am further unable to make out the prescribed terms as required by schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). After taking advice on this matter, I am of the belief that this agreement that you have presented before me, as it stands would be unenforceable even by court order. Therefore, I require that you provide me a clearly legible copy of the agreement, where all the terms are clearly legible

 

Should you not be able to supply a clearly legible copy containing the necessary prescribed terms, I would suggest that you give consideration to cancelling this account and reducing the balance to zero. Of course the alternative would be to seek a declaration of my rights under Section 142(1) of the Consumer Credit Act 1974. I am advised that with the documents that you have supplied there would be an extremely good prospect of success with such a declaration. However, I am mindful of additional costs that such action could incur both on my part and on yours so I trust you will give consideration to this request

 

I would appreciate your due diligence in this matter and look forward to hearing from you in writing.

 

 

Yours Sincerely

 

 

Regards.

 

 

***The CCA they had 12+2 days, which is long gone, I'd send the letter and give them 7 days to comply.

Edited December 2, 2009 by amber
end bit!