help with MBNA

[4Star]

Hi

 

long story, cca'd MBNA in June, no answer, put account in dispute, no response, Cap Quest on the case 'claiming' they bought it (MBNA have never confirmed it), told Cap Quest in dispute, etc.

 

now MBNA have got in touch they say:

 

Our reading of the terms of the executed credit agreement suggests your objections are not well-founded. For the sake of clarity, a copy of the execute agreemnt is enclosed. The enclosed copy cleary contained all the terms and conditions which were legally prescribed at the time it was executed.

 

Please see see the enclosed sheet for more information about our response to your initial request, and why you objects under the agreement in the present case are not accepted.

 

It follows that any current debt under the agreement is not being reasonably queried or disputed and the bank is entitled to collect on the account should it fall into arrears.

 

the information sheet they send is attached, as is the CCA they have sent

 

 

help please as i don't know what to do now !

 

my questions are:

 

1) they say they can send this "copy" and it could not be retrieved in the 12 days time frame, but i asked for it in June ?

 

2) the agreement was under the 1974 act, yet they say a signature is not required under the 1983 act ? can they pick and choose which versions they decide to take things from ?

 

3) they say a "true Copy" has to be provided, but this is not necessarily an exact copy ?

 

further to this can somebody please look through the agreement and tell me if it's ok ?

 

thanks for all your help !

 

 

Andy

Info sheet.pdf

Agreements.pdf

[Deb T]

Hi

 

long story, cca'd MBNA in June, no answer, put account in dispute, no response, Cap Quest on the case 'claiming' they bought it (MBNA have never confirmed it), told Cap Quest in dispute, etc.

 

now MBNA have got in touch they say:

 

Our reading of the terms of the executed credit agreement suggests your objections are not well-founded. For the sake of clarity, a copy of the execute agreemnt is enclosed. The enclosed copy cleary contained all the terms and conditions which were legally prescribed at the time it was executed.

 

Please see see the enclosed sheet for more information about our response to your initial request, and why you objects under the agreement in the present case are not accepted.

 

It follows that any current debt under the agreement is not being reasonably queried or disputed and the bank is entitled to collect on the account should it fall into arrears.

 

the information sheet they send is attached, as is the CCA they have sent

 

 

help please as i don't know what to do now !

 

my questions are:

 

1) they say they can send this "copy" and it could not be retrieved in the 12 days time frame, but i asked for it in June ?

 

2) the agreement was under the 1974 act, yet they say a signature is not required under the 1983 act ? can they pick and choose which versions they decide to take things from ?

 

3) they say a "true Copy" has to be provided, but this is not necessarily an exact copy ?

 

further to this can somebody please look through the agreement and tell me if it's ok ?

 

thanks for all your help !

 

 

Andy

 

 

I've changed my opinion on the std CCA request by virtue of an upcoming

test case (decision/clarification due in January) regarding the validity of CCA production/signed agreement.

 

BBC News - Lenders warned not to mislead customers over debts

 

having said that, the OFT state they are awaiting the judgement before updating their own draft guidance but even then I feel it's cloudy as in my opinion a 'draft guidance' from the OFT does not mean that a previous Act of Parliment be dissed or pulled to pieces and right now with the OFT seeming to have ballsed the action against the banks re the excessive charges by not widening the scope of their action..well then the OFT to me have lost a good amount of credibility anyway.

 

The 74 act is what you signed for but I beleive a later act made some amendments to the 74 act, not sure if it was the 2006 act found here

http://www.opsi.gov.uk/acts/acts2006/pdf/ukpga_20060014_en.pdf

[Bazooka Boo]

Have a look at the link:http://consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/609-mbna-agreementsapplication-forms

Edited December 10, 2009 by Bazooka Boo
Third time Lucky!

[Pinky69]

They are right that they don't have to provide a signed copy in response to a CCA request but they would have to provide the original in court. The time schedule of when they sent it doesn't matter after they have sent it. There is a tick for your signature so I take it it was applied for online. It looks enforceable in my opinion.

[Deb T]

That link takes me back to the main index page Bazooka

[4Star]

They are right that they don't have to provide a signed copy in response to a CCA request but they would have to provide the original in court. The time schedule of when they sent it doesn't matter after they have sent it. There is a tick for your signature so I take it it was applied for online. It looks enforceable in my opinion.

 

they claim they can send this copy to comply with the 12 day request ? yet this turns up 6 months after the request ? why would they send this after 6 months unless they had something to hide ?

 

i undersstand the concept of sending this document as a 'stop gap', but it took them 6 months to find it ?

[Pinky69]

It is not unknown for agreements to turn up years after a request and as MBNA puts everything on microfiche it can take some time to retrieve it. Their agreements prior to legislation in 2006 are rubbish but unfortunately you have one of the new agreements and they are usually enforceable.

[4Star]

It is not unknown for agreements to turn up years after a request and as MBNA puts everything on microfiche it can take some time to retrieve it. Their agreements prior to legislation in 2006 are rubbish but unfortunately you have one of the new agreements and they are usually enforceable.

 

i was sure i'd read somewhere that there were rules for the agreements, things like the terms and the signature had to exist on the same page to show that 'd signed to agree to those specific terms. on this one they are on different pages, and apart from my name and address there is nothing on the other 4 pages that proves any connection to me ? how can i be sure that this is "my" agreement and not one they've taken from somebody else ?

 

also, can they apply a 1983 rule to an agreement that was in line with the 1974 rules ? without me having to re-sign to say i agreed to it ?

 

thanks

 

Andy

[Pinky69]

The prescribed terms have to be in the same section as the signature box but not necessarily on the same page. If it is a 4 page agreement then the precribed terms can be on any of these pages. The 1983 Act does not affect their requirements to send a copy of the executed agreement on request but outlines that the copy does not have to contain your signature. Law amends initial legislation all the time - the 2006 Act also amended certain parts of the 1974 Act eg the requirement to give the debtor 7 days to remedy a breach of agreement was extended to 14 days and that applies to all agreements, pre and post 1974. There is nothing apart from the name and address that identifies you but it is up to you to dispute it if you feel this is not a copy of your agreement.