MBNA CCA Valid?

[alimehmet]

Hi Guys and Girls

 

I requested back in October a copy of my original CCA from Experto Credite as my debt had been passed over to them. It took them nearly 6 weeks to send me a copy of what they have on file. Given that they exceeded the statutory limit to return, I have now put my account in to dispute. However I have recently received from Expoerto my supposed CCA.

 

Here is the full copy of it

 

 

 

 

 

 

 

 

Any advice or suggestions on what I should next would be greatly appreciated.

 

thanks in advance

Ali

Edited December 15, 2009 by alimehmet

[citizenB]

Hi ali

 

Have you edited a signature out or was there no signature on this ?

 

 

Did you have payment protection on this, because the boxes have been ticked

 

Was this an online application ?

[alimehmet]

Hi Citizen B

 

There was no signature on this - what you see, with the exception of my personal details ie address and credit card number is the entire agreement.

 

My application was online and yes it did have payment protection.

[citizenB]

Aha, right. I dont really know very much about online applications. Not sure how the "tick for signature" system works.

 

Will try and find someone who has more knowledge about this.

 

I would have thought that they would still have needed a "proper" signature.. but as I say, I am not certain.

 

Will put out an S.O.S. for you.

[alimehmet]

exactly, and as far as I can recall, they sent me out a form which i signed and sent back to them. I requested from them a signed copy of my application, and they have informed me that this is all they have.

 

Thanks for your help and input, much appreciated

[citizenB]

exactly, and as far as I can recall, they sent me out a form which i signed and sent back to them. I requested from them a signed copy of my application, and they have informed me that this is all they have.

 

Thanks for your help and input, much appreciated

 

 

Oooh, that is interesting. I know there was a date by when a physical signature was no longer required.. I think it was sometime in 2006. But will check for you.

[IdaInFife]

no signature needed for online agreement at the time this was taken but I do not see your name/adress on this - did you blank out your name and addy?

[alimehmet]

yes i did IdaInFife

[IdaInFife]

looks ok then

[alimehmet]

how could that be, i havent signed for anything, and this agreement could have been knocked up by anybody - the dates could have changed, etc?

[IdaInFife]

it's an online agreement

 

The Consumer Credit Act 1974 (Electronic Communications) Order 2004

 

which req a tick box instead of a signature

[alimehmet]

so you are basically saying Ida, i dont have any recourse? Even though they didnt provide me with a copy of this CCA some 50 days later? The fact that they have increased my interest rate from what was agreed at 15.4% to over 35%?

 

Anyone else have an opinion on this issue?

[johnerog]

so you are basically saying Ida, i dont have any recourse? Even though they didnt provide me with a copy of this CCA some 50 days later? The fact that they have increased my interest rate from what was agreed at 15.4% to over 35%?

 

Anyone else have an opinion on this issue?

 

Sorry ali, its not what you want to hear but it does look like a correctly executed agreement.

The fifty days is irrelevant once they complied.

But maybe and I mean maybe, 35% does look to me like unfair practice. OFT country or maybe ombudsman.

Somebody else please comment.

[IdaInFife]

so you are basically saying Ida, i dont have any recourse? Even though they didnt provide me with a copy of this CCA some 50 days later? The fact that they have increased my interest rate from what was agreed at 15.4% to over 35%?

 

Anyone else have an opinion on this issue?

 

I am only commenting on your question about cca.....

 

yes its compliant no matter how long they took.

 

 

re the interst rate, i am not up to speed with the unfair temrs regarding interest increases

[alimehmet]

anyone have a view on how i should approach this, I was thinking I should write to Experto asking them to confirm if they have sent me everything under the SAR - just to make sure they have nothing further up their sleeve. Also want to obtain from them a list of all charges, when and for how much. I think there is a case under the UTCCR to reclaim all my charges back

 

Any help/guidance would be appreciate

[citizenB]

No harm in asking them to confirm that all information they hold on you in respect of your financial dealings with them has been provided.

 

This could prove useful if at some time in the future if they suddenly "discover" something that should have been provided in the SAR.

[alimehmet]

thanks CB - who do I write to though given that my debt has been passed/sold on to Experto Credite? Experto were the ones who requested the Credit Agreement from MBNA - but if I want all my information to include bank charges, notices of defaults etc, do I request this from MBNA or from Experto?