MBNA Credit Card, weird CCA response

[roguewarrior]

Hi,

 

Hoping for some advice for how to proceed with MBNA.

 

I originally wrote asking for copy of CCA in June 09. I used the template letters provided here. I heard nothing, until I received a letter in September notifying me of an intrest rate increase to 34.9%.

 

In September, I sent them the 2nd template letter, "account in dispute", copied below.

 

I heard nothing from them until last week, although their letter is dated the first week of November, it had not been franked, so I had to collect it and pay their charges from the post office sorting office. Seriously!

 

I am not entirely sure what it is that they have sent me. It appears to be a standard letter on MBNA stationery, with 7 additional pages, which appear to be print outs on plain paper, none of them dated. There is no signature, either mine or anyone from MBNA, although there are "tick boxes" which are ticked with a date underneath.

 

Is this an enforceable agreement, as they claim?

 

They have never responded within any set, given time limit. They have never sent me their complaints procedure.

 

As far as I am concerned, the account is in dispute until they provide a signed CCA, which has all relevant terms correctly laid out within the original document.

 

What should I do next? I cancelled the Direct Debit and have had 1 default letter sent out, which I need to reply to very soon.

 

I have attcahed the first 5 of 8 pages here, and the rest will appear in the next thread.

Advice please.

[roguewarrior]

Here are the last 3 pages.

[supasnooper]

Unfortunately the scans are too small to read.

 

have a look at post 15 on how to use photobucket - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[roguewarrior]

Thanks supasnooper for pointing that out.

 

Pages 7 & 8 appear to bea copy of an internal MBNA document, about how to respond to CCA requests.

 

Click the image below to access all 8 pages:

 

[usaname]

Hi rogue,

 

Pages 7 & 8 are the standard response they send out to try and make you think that they are right and you are wrong. They think that if they put it on paper it must be right.

 

If I were you I'd compare what they say they do against what they actually did - I'm sure you'll find a discrepancy.

[roguewarrior]

What is the legal perspective when CCA have been applied for and processed online without any actual physical signature being made?

[usaname]

Hi,

 

Are you saying that you applied for the card on-line?

 

If you did then the tick box is the equivalent to your signature.

 

If, on a paper application, you don't sign it then it doesn't get processed and you don't get the card.

 

Similarly, with an online application, if you don't tick the box (your online signature) the processing of the application goes no further, you don't get the card.

 

If it was a physical application form and subsequent CCA, then they are not obliged to provide you with the CCA complete with signature(s). If the matter is pursued in court then they will need to produce the CCA with signatures.

 

Hope that helps.

[roguewarrior]

Hi Usaname,

 

Yes, this was an on-line application, which was followed up with a paper form and direct debit.

 

I have asked them to provide me with the true copy of the signed CCA agreement, with all the original contemporaneous & relevant terms which I am suppsoed to have agreed to, in a paper form. I am convinced that they do not have my signature for the original CCA on file as I have asked for it and the only thing they have sent me in almost 5 months is the attached documents.

 

Am I right in assuming that for a CCA to be enforceable it needs a dated signature, and all the relevant terms of the CCA need to be encompassed within the original document and not separate addendums?

 

Are these documents which they have sent legally binding or not?

 

Is an on-line application with no signatures legally binding?

 

I am grateful for your attention and any help you may give.

[usaname]

Is an on-line application with no signatures legally binding?

 

From a Legal Dictionary:

signature

1 a: the act of signing one's name or of making a mark in lieu thereof

b: the name of a person written with his or her own hand to signify that the writing which precedes accords with his or her wishes or intentions

c: any mark (as initials, stamp, or printed name) made on a document and intended to serve as an indication of the party's execution or authentication of the document and intent to be bound by it

(see also private signature)

2: a distinguishing or identifying mark, feature, or quality

esp

: a distinctive method of committing a crime that is characteristic of an offender

 

So, in the eyes of the Law, a tick in a box is the equivalent of signature.