MBNA CCA - is it valid - help

[sunboy]

HI

 

I have had this account since 96 and recently requested my CCA. They sent this back to me which I believe is an application form and not an agreement. Advice on validity and next steps would be much appreciated.

 

Especially since I called them today to ask why my interest rate had gone up from 16.9% to 34.9% in the time that I have had the card, having never missed a payment, defaulted etc. They gave me the most unbelievable flannel I have ever heard such as they have to charge more because the interest rates are low and the credit crunch, state of the economy etc etc. When I asked to speak to someone more senior because I wanted to enquire as to the specific reasons regarding my interest rate being jacked up despite my good record they refused and just said it's a variable rate card so they can do it legally. I asked what was the difference between them and a loan shark and the response was "I can't answer that"!!!!!!!

 

http://i1014.photobucket.com/albums/af267/skhanna76/Doc-03_02_20101703-page-1.jpg

http://i1014.photobucket.com/albums/af267/skhanna76/Doc-03_02_20101714-page-1.jpg

 

I hope I have put these on right - first time I have done this.

[sunboy]

forgot to say - I also asked them why they were offering people rates of 5.9% for life if conditions were so bad - again no answer and I asked if I could transfer my balance on to one of these cards being a long standing customer - they said I would have to apply for one of those cards as a new customer. Why aren't they helping their loyal customers????

[bobdauilda]

forgot to say - I also asked them why they were offering people rates of 5.9% for life if conditions were so bad - again no answer and I asked if I could transfer my balance on to one of these cards being a long standing customer - they said I would have to apply for one of those cards as a new customer. Why aren't they helping their loyal customers????

 

That's because after a year of being on the 5.9% deal they will analyse your account and if you are not making them enough money they deploy the Cheshire based MIB hit squad that will remove you from their committment. It's in the small print of the T&C's section 12 paragraph 4.1 sub section 2.19a.

[Dotty50]

Hi Sunboy,

 

Welcome to the club!

 

Take a look here to see if there is one like yours.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/609-mbna-agreementsapplication-forms

[sunboy]

thnk you Dotty - I will definitely check out the thread. I have been studying and restudying the CCA they sent and it is an application form rather than a completed agreement - i have read that someone is testing that through the courts so it will be interesting to see what happens.

 

I have written MBNA a complaint letter about the way my call was handled and their refusal to tell me why my interest rate has more than doubled despite a good payment record - will post reply when I get it.

 

Looked at me egg cca yesterday and that interest rate has nearly tripled in the time that I have had the card - again with an excellent payment record - i feel another fight coming on but that agreement refers to an approved limit rather than a credit limit so may be unenforcable.

[Dotty50]

thnk you Dotty - I will definitely check out the thread. I have been studying and restudying the CCA they sent and it is an application form rather than a completed agreement - i have read that someone is testing that through the courts so it will be interesting to see what happens.

 

Here is a very long thread about the test cases.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/240186-dissecting-manchester-test-case.html

 

I have written MBNA a complaint letter about the way my call was handled and their refusal to tell me why my interest rate has more than doubled despite a good payment record - will post reply when I get it.

 

Don't hold your breath for their reply! Your situation is exactly the same as many on here and I will be surprised if you get anywhere with them

Looked at me egg cca yesterday and that interest rate has nearly tripled in the time that I have had the card - again with an excellent payment record - i feel another fight coming on but that agreement refers to an approved limit rather than a credit limit so may be unenforcable.

 

[I]I transferred my Egg card a while ago to an egg loan at a good rate (5.9%) so don't have a problem with them and that will be finished at the end of this year

 

If you stop payments (your choice) be prepared for your credit rating to be trashed and they will bombard you with telephone calls (Home, work and Mobile) If you access MBNA online you should delete any phone numbers before you take any action[/i]

[sunboy]

thanks for all your advice Dotty - seems the MBNA one is enforcable - it is the same as the 1996 one in the thread. Might stop DD and then offer them a F&F settlement if I can borrow some money!

[Dotty50]

Hi Sunboy,

 

I can't give any opinion on the documents you posted because they are not too clear. Are they any better in real life? If not, then that is an issue to start with as they have to supply a legible one at least.

[sunboy]

Hi Dotty

unfortunately the real ones are not too much better but looking at the thread above it does look like they might be enforcable. My fight with them now is about the interest rate - they have responded to my complaint letter with a letter saying that they are investigating (stalling!)

I think I will go the FOS now with my complaint.

[Dotty50]

Well they are very good at stalling.

 

FOS are inundated with complaints too, so take a while to respond from what I read on here!