Cap1 & CCA return

[A+]

Thats the top half to two thirds, if you need the rest let me know, as i feel this may contain the most important stuff

[underdog13]

A+, can you remember what your original credit limit on the account was?

[A+]

Not a clue, sorry, don't even know who these people are. I had credit cards in the past and the smallest was for £800 if memory serves me. It could be that, but none of these names make any sense to me.

[never give in]

Hi All,

Looking for a little help and advice if poss.

My wife has a credit card with Nat West and at present it stands at its £2000 credit limit and has done for the past two years or so!

Every month she pays the minimum off of around £80 but this is obviously no beneift as its only the interest, doesn't bring the balance down and she never even uses the card, so we were wondering if there was a template letter or something we can do to put a stop on the card, cease paying interest on the card and just pay a set monthly fee back to pay off the debt.

We're not trying to run away from paying it, only looking to pay a smaller rate and actually pay something off!!

For the amount of time she has been paying this £80 a month, she could of probably paid it off by now, but still owe's the same £2k!

Seems crazy.

Can anyone point me in the right direction?

Thanks for any help, it is appreciated

[Number6]

Hoping this is easier to read, if not i can go bigger.

 

It looks to me as though all the prescribed terms are there and so the agreement is more than likely to be valid and enforceable.

 

Sorry if that's not what you wanted to hear.

 

Mind you, if it really is that hard to read you might have a case under the 'copies of documents' regulations, section 2(1) - legibility? A long shot but you might consider it.

Edited March 26, 2009 by Number6
Afterthought

[pussycatdoll]

I have come across the following statement in a CCA I have just received - could someone please explain why it is there? Is it legit?

 

This agreement is not cancellable under the Consumer Credit Act 1974, the Timeshare Act 1992 or the Financial Services (Distance Marketing) regulations 2004.

[citizenB]

Could someone please pop in on this thread and give the poster some advice on the electronic agreement in post #1. It was entered into in 2006. Thanks

 

 

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/191394-mbna-virgin-cca-view.html#post2068181

[A+]

Could somebody else add comments to Number6's comments about my CCA on page 732 please? Just looking for a few opinions before caving in to them, so its a big decision. Many thanks

[Viscount Stair]

Sadly, I have to agree with Number 6. Provided this is a true copy of the agreement, it does contain the prescribed terms.

 

There may still be other lines of attack, though:

 

Are there any charges or PPI to deduct?

 

Has the Amazing MBNA Interest Rate Trick been performed on your account?

 

Have they served a Default Notice yet (which they might have got wrong)?

[the main man]

Could somebody else add comments to Number6's comments about my CCA on page 732 please? Just looking for a few opinions before caving in to them, so its a big decision. Many thanks

 

As Underdog said the original credit limit that was issued with the card could be very important... have a read of this post onwards:)

 

http://www.consumeractiongroup.co.uk/forum/mbna/184041-all-mbna-caggers-fight-11.html#post2038785

[basa48]

Has the Amazing MBNA Interest Rate Trick been performed on your account?

 

Erm .. could you elaborate on this please?

 

My MBNA Card says it is charging 2.53% per month. Which equates to nearly 35% APR

[Viscount Stair]

Erm .. could you elaborate on this please?

 

My MBNA Card says it is charging 2.53% per month. Which equates to nearly 35% APR

In that case, it has.

 

What I call the Amazing MBNA Interest Rate Trick is a bit like the Indian Rope Trick but it involves an interest rate shooting up into the air without any visible means of support rather than a rope.

 

There are arguments (I won't put it any higher than that) that this can be challenged under the Unfair Terms in Consumer Contracts Regs (a price variation clause not being a core term of the contract and so subject to the fairness test) and the Unfair Relationships provisions in sections 140A-140D of the Consumer Credit Act.

[basa48]

I really can't understand how they can enter a moral judgement if they have a specific set of laws to follow.

 

Am I missing something very obvious?

 

Lexis:)

 

Possibly .. some may call it humility, others would call it BS, but the fact remains the judge is boss and you always tug your forelock to the boss !!

[basa48]

OK .. Im going to throw out another tidbit now.

 

Which is best:

 

• Take them to court?
  
• Defend their action?
  

 

There's only one way to find out ..............

 

FIGHT!!!!

 

(Apologies to Harry Hill )

[car2403]

It's free to defend!

 

[Viscount Stair]

It's free to defend!

 

 

 

There are also tactical advantages to defending rather than pursuing, I'd have thought.

[basa48]

Thx car and viscount ... I had almost come to the same conclusion. Plus of course you don't come over to the judge as some aggressive chancer, you remain the innocent downtrodden debtor fallen on hard times being crushed by the evil conglomerate !!!!

 

Pity I sorta hinted I might take them. Maybe they'll smell blood when I don't, but too late realise it's their own.

 

God it's cliche night for me !!!

[A+]

Sadly, I have to agree with Number 6. Provided this is a true copy of the agreement, it does contain the prescribed terms.

 

There may still be other lines of attack, though:

 

Are there any charges or PPI to deduct?

 

Has the Amazing MBNA Interest Rate Trick been performed on your account?

 

Have they served a Default Notice yet (which they might have got wrong)?

 

 

Thanks and forgive my sheepishness, its the first time i have spoken with a Viscount (i used to talk to my chocolate biscuit )

 

In answer:

There will certainly be charges to deduct, i am just learning about SAR so watch this space on that score.

MBNA interest rate trick? whats this?!

Default Notice? OH YEAH i am sure they did but probably a year or two ago, several i should think. Unfortunately i don't have records or letters that far back. Only got wise when i found Cag last year!

[summerbreeze]

Hi everyone, hadn't discovered this thread until now. A member told me on another topic that i should paste the alleged 'Agreement' i have recently received from MBNA on this thread for advice on whether its valid and enforceable. So here it is, i am trusting the other member that i am not hijacking this thread by doing this, as i get the impression thats what this thread is here for, but if i am wrong i apologise in advance. Just not sure where i stand with this:

 

When did you complete this application ?

 

This is nothing like the Platinum application form supplied to me following my CCA request

 

Looks like a typical paste up job to me ...font size ..lining up etc

What does it say at the bottom left of the terms column?

[basa48]

When did you complete this application ?

 

This is nothing like the Platinum application form supplied to me following my CCA request

 

Looks like a typical paste up job to me ...font size ..lining up etc

What does it say at the bottom left of the terms column?

 

Plus two headings quoting CCA 1974 ???

 

V dodgy

[Number6]

When did you complete this application ?

 

This is nothing like the Platinum application form supplied to me following my CCA request

 

Looks like a typical paste up job to me ...font size ..lining up etc

What does it say at the bottom left of the terms column?

 

Plus two headings quoting CCA 1974 ???

 

V dodgy

 

Well spotted you two!!

 

What a team we all make together!

[A+]

Well spotted indeed. Thanks Summerbreeze, i hadn't read this until i heard from you on another thread i was asking for advice on. I really thought this was going to be enforceable but the more we look the more we find it appears! Regarding the number bottom left, if you can assure me its not a unique number which will allow the men in black to find out who i am (not that i should give a monkey's bottom anyway, an unenforceable debt is just that!) but i would rather PM it to you so will do that unless you think its safe to post here/

[Viscount Stair]

Thanks and forgive my sheepishness, its the first time i have spoken with a Viscount (i used to talk to my chocolate biscuit )

 

I hope that this Viscount and other members of the Club can help you make a Breakaway from the Bandits without the aid of a Taxi. We'll leave them dangling from the end of a string (or maybe a Blue Riband) like a Yo-Yo. They'll be be-Twix-t and between a rock and a hard place.

 

(Were there any more chocolate biscuit puns I missed? )

 

In answer:

There will certainly be charges to deduct, i am just learning about SAR so watch this space on that score.

MBNA interest rate trick? whats this?!

Default Notice? OH YEAH i am sure they did but probably a year or two ago, several i should think. Unfortunately i don't have records or letters that far back. Only got wise when i found Cag last year!

 

Basa asked the same question and I muddled that with yours. Basa's interest had been hiked to 34.9% APR - I suspect yours will be at the same level, in which case the answer I gave then applies to you too:

 

 

In that case, it has.

 

What I call the Amazing MBNA Interest Rate Trick is a bit like the Indian Rope Trick but it involves an interest rate shooting up into the air without any visible means of support rather than a rope.

 

There are arguments (I won't put it any higher than that) that this can be challenged under the Unfair Terms in Consumer Contracts Regs (a price variation clause not being a core term of the contract and so subject to the fairness test) and the Unfair Relationships provisions in sections 140A-140D of the Consumer Credit Act.

 

As for the DN, you may well have received one but you may also have received such curious non-statutory documents such as Important Default Notifications and Creditor's Notices.

 

You may want to ask for a copy of any DN and proof of service when the time comes.

[lexis200]

I hope that this Viscount and other members of the Club can help you make a Breakaway from the Bandits without the aid of a Taxi. We'll leave them dangling from the end of a string (or maybe a Blue Riband) like a Yo-Yo. They'll be be-Twix-t and between a rock and a hard place.

 

(Were there any more chocolate biscuit puns I missed? )

 

 

 

Basa asked the same question and I muddled that with yours. Basa's interest had been hiked to 34.9% APR - I suspect yours will be at the same level, in which case the answer I gave then applies to you too:

 

 

 

As for the DN, you may well have received one but you may also have received such curious non-statutory documents such as Important Default Notifications and Creditor's Notices.

 

You may want to ask for a copy of any DN and proof of service when the time comes.

 

That was both dreadful and quite brilliant. I really don't know whether to groan or cheer:D

[A+]

I am not waddling or groaning, just waddling like a Penguin who forgot his Wagon Wheel :D :D