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smactaff55

MBNA CCA Help please re validity

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CCA'd MBNA and attached what has been received together with T & C's photocopied on reverse of supposed CCA

Have checked through the MBNA posts & threads but would be grateful of opinions and thoughts of fellow CAGGERS

The CCA appears to be IMO the application form. Under section 12 re appl & declaration it does refer to conditions overleaf. Also under section 15 of T & C's it refers to charges @ £5 which would seem to be correct as I made the appl in early 1996

All opinions gratefully accepted. No default nor termination letters yet received.

 

S55

 

 

 

 

 

 

 

MBNA CCA.doc

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Hi Hungrybear

Thanks for your reply. The original form is pretty illegible and crappy. I attach an enlarged copy of my concern which is section 12. I quote from the first paragraph, sentences 9, 10 & 11; " I accept & agree to be bound by the MBNA Credit Card Conditions of Use ( as set out overleaf & amended from time to time ) " I have a copy of T & C's but cannot upload as too large for site limit.

I would value your opinion and observations re this "CCA"

Could I also take the liberty of asking you to look at another thread of mine re HFC I have just bumped it

MBNA Enlarged CCA Part12.RTF

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Hi Hungrybear

Thanks for your reply. The original form is pretty illegible and crappy. I attach an enlarged copy of my concern which is section 12. I quote from the first paragraph, sentences 9, 10 & 11; " I accept & agree to be bound by the MBNA Credit Card Conditions of Use ( as set out overleaf & amended from time to time ) " I have a copy of T & C's but cannot upload as too large for site limit.

I would value your opinion and observations re this "CCA"

Could I also take the liberty of asking you to look at another thread of mine re HFC I have just bumped it

 

so the conditions of use were overleaf. what about the terms and conditions including apr and some reference to setting a limit?

 

Also this was never intended to become an executed agreement because there is nowhere for them to sign.

 

From what I have seen this is not enforceable. I think there is a special section somwhere on here for mbna application forms, I know there are a few threads kicking about.

 

Now, I dont want to get you too excited. I would not put my hand on my heart and say unenforceable for two reasons:

1) I've not seen the terms, BUT the application does not refer to terms as such

2) I always prefer to have at least 2 people say something is unenforceable before getting too excited.

 

Having said that it says application and they clearly never intended executing it as an agreement.

 

(I hope you'll agree that it's too important to get flippant about it)

 

- I did have an mbna account myself but never got as far as the agreement, it went statute barred first - shame eh:D?

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Thanks Hungrybear. Your comments are highly valued.

The T & C's appear OK re APR & Credit Limit but I agree with yourself that what they have sent me is a copy appl form with nowhere for them to sign to make it an executed agreement.

I will send them the letter re not being a true copy of CCA and keep the account in dispute and see what happens.

I won't get excited and take each stage as it happens. I'm still being hounded by tele calls ( 6 today ). Just pick up phone and leave on side so they can talk to the fresh air or my cat!!!!

Once again, many thanks.

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Thanks Hungrybear. Your comments are highly valued.

The T & C's appear OK re APR & Credit Limit but the application dont say terms it says conditions - does the other document saythat?but I agree with yourself that what they have sent me is a copy appl form with nowhere for them to sign to make it an executed agreement. signature ONLY means they need a court to enforce so in itself it aint enough.

I will send them the letter re not being a true copy of CCA and keep the account in dispute and see what happens.agreed

I won't get excited and take each stage as it happens. yes, treat it as a game, that way it dont get stressful. I'm still being hounded by tele calls ( 6 today ). Just pick up phone and leave on side so they can talk to the fresh air or my cat!!!! just so long as your cat dont know your card details:lol:

Once again, many thanks.If it helps we are ALL here to help

 

speak to the pdsa, maybe your cat can do then for harassment:D.

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Hi smactaff55, just come from your thread in the MBNA forum. I defo think you should get an SAR to them to get copies of any deault notice they claim to have sent, and the communications log to se when they sent it. Also ask them if they have assigned/sold the debt.

 

Once you get a response to that we can assess the Default Notice's validity.

 

Oh and keep ahold of any letters you have from them demanding you pay the full balance - they could proove important ;)


I have no legal qualifications whatsoever, so please check any input I have for accuracy. And please correct me if you disagree!

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