MBNA Experto say this agreement is enforceable

[Chazzyboy]

 

Experto have sent me some documents after they have had my account in dispute since 2009, they say this satisfies CCA74 S78 and my account is now enforceable but on closer looking at the application form something doesn’t seem right.

 

It’s a three column document and I'm 100% sure the reverse of the form never had any terms and conditions

but blurb about the benefits of the card. Also the diagram on the left hand side column shows how to fold the form for posting, now maybe I'm thick but if the original application had all the terms and conditions on the reverse as the have sent, there would be no room for an address to post back to them.

 

When MBNA issued my default notice the actually sold the account on to experto before the date they had given me to rectify my breach, and the agreement number on the default notice was not the same as the agreement number they had always quoted on all other correspondence.

 

 

I will post application forms as soon as i have reached my posting criteria (20 posts)

Edited February 4, 2011 by Chazzyboy

[Chazzyboy]

Ok here are the links

 

https://dl.dropbox.com/u/7595043/mbna%20application.jpg

 

 

https://dl.dropbox.com/u/7595043/mbna%20application%20reverse.jpg

Edited February 4, 2011 by Chazzyboy

[DemandFairness]

subbing

 

DemandFairness

[PRBrown]

Wow!! An obvious fraud. That bit about how to fold the document is a a give-away, and since the Terms & Conditions (also 3 columns) on what is supposed to be the back are consecutive (7.1 in column 1 is followed by 7.2 in column 2) there no way on earth these two pages are related. How could the rear contain all that information AND have a full column dedicated to the return address? There's definitely something dodgy.

[griffin036]

An obvious fraud? I'd be very carefull about shouting that out!

If you look at the diagram of how to fold the form you will notice there is three folds and four sections to the form, the address part has not been retained and photocopied as it was probably just thrown away.

 

I would be more concerned about the legality of MBNA assigning your debt away in the middle of the Default Notice.