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MBNA CCA Request


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Hi Everyone,

 

Sent a CCA request to MBNA.

 

Sorry scanner not working at the moment, but would appreciate if with your knowledge of MBNA if this is an enforceable agreement.

 

Received today a copy of :

 

Credit Card Application Form.

 

It is headed Credit Agreement Regulated by the Consumer Credit Act 1974

 

Down the left hand side of the page are Terms and Conditions 1-3. On the back of this is adverstising " see how much you could save " etc

 

Seperate sheet with remaining terms and conditions, not numbered or headed.

 

At the bottom of the application is my signature but none of the lender.

 

Any advice appreciated.

 

Many thanks

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Hi there is divided opinion on the enforceability of application forms some say enforceable some not. My own opinion is that if an application form contains all prescribed terms etc then a court could rule enforceable if any of the prescribed terms are missing and signed before April 2007 then unenforceable.

 

dpick

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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Thank you dpick,

 

I am sure this has been asked lots of times, but could I ask if you have time to confirm what the prescribed terms I should be looking for are and also I have read about " 4 corners" again confusd on this. Have also read somewhere that my signature should be after all the terms and conditions, if sections 1-3 are on the application with the rest being on a seprate sheet, does this affect it?

 

This application was made 2005.

 

Once again many thanks.

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Hi on this point I am not to sure I believe that within the 4 corners can cover separate pages but those pages must be numbered/marked in such a way that it cannot be mistaken as separate documents ie dp1/1 and dp1/2 etc not page 1 of 4 with no other id marking..

 

dpick

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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Hi dpick,

 

Thank you, just one other question, sorry but I am picking up bits of info from different parts of the site.

 

On the application form they have sent, I believe that for it to be enforceable one of the prescribed terms must be the amount of credit or the credit limit. All this application says is

1a. " we will choose your credit limit and tell you what it is" should this be an actual figure?

Application date 2005.

Many Thanks

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Without sight difficult to give a considered opinion, but by the date (2005) this may be just what it says it is - an Application Form.

 

It may be that you could send the 'Account in dispute' letter and see what happens next, ie. how 'heavy' they get. If they start making 'offers' this is usually a sign that they are not confident that they have a enforceable Agreement.

 

Dear Sirs,

Account no xxxxxxxxxxxxxx

 

Re: my request under the Consumer Credit Act 1974

This account is in dispute .

On xx/xx/2009 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere Application Form which did not comply with the requirements of the Consumer Credit Act 1974.

The document sent purporting to be a Credit Agreement does not contain any of the Prescribed Terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the Prescribed Terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the Terms are present in the document suplied.

Since this document does not contain the required Prescribed Terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states:

127(3) The Court shall not make an Enforcement Order under section 65(1) if section 61(1)(a)(signing of Agreements) was not complied with unless a document (whether or not in the prescribed form and complying with Regulations under section 60(1)) itself containing all the Prescribed Terms of the Agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection.

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states;

2.6 Examples of unfair practices are as follows:

Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

I require you to produce a compliant copy of my credit Agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

Since the supplied Agreement is unenforceable it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

I respectfully request a response to this letter in 14 days

 

I trust this out lines the situation

Print name do not sign

 

 

See if any of the above is correct, amend to suit and send by Recorded Delivery.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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