MNBA Help Please

[Claire Marshall]

Thank you flowerchild you have been brilliant.

 

I do have a Halifax Credit Card I took out in 2006 which am having that looked at.

 

Do you think its a good idea to do a balance transfer from MBNA onto Halifax!!

[flowerchild]

Thank you flowerchild you have been brilliant.

 

I do have a Halifax Credit Card I took out in 2006 which am having that looked at.

 

Do you think its a good idea to do a balance transfer from MBNA onto Halifax!!

 

That would be your decision, it would be against the rules of this forum to advise someone to transfer a balance with the intention of defaulting it, if you see what I mean...

 

Apart from that, there's no guarantee the Halifax 2006 will be unenforceable, not everything pre-2007 is! The only way to find out is to go through the documents, with older accounts or those that have been sold several times there's always a chance they may not have an agreement but not very likely to be the case with a 2006 account!

[minmoo]

This thread seems a bit surreal

[Claire Marshall]

I finally received a so called "copy of executed agreement" from mbna.

 

I am confused at this because of the following:-

 

a: Copy is of executed agreement taken out in 2009, this has been electronically signed, but not signed manually i.e. My signature is not present

 

b: A second agreement has been given to me with my new address, this agreement is unsigned and has not been electronically signed either

 

also on the second agreement there appears to be no signature box either.

 

I am confused with mbna how can they provide me with a second agreement when i have not signed it with my new address??

 

Is this legal - very confused??

 

Please help!!??

[ims21]

Is this the same matter as your thread here?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?328019-MBNA-are-idiots!!&p=3627015#post3627015

 

If so you would be better to stick to one thread for this issue otherwise advice is duplicated.

 

ims

[citizenB]

Claire you have been asked before to stick to one thread for one issue. It makes advising you extremely difficult.

 

All your MBNA threads have now been merged into one. You can find your threads easy enough by clicking on "UserCP" at the top of the screen.

[flowerchild]

I finally received a so called "copy of executed agreement" from mbna.

 

I am confused at this because of the following:-

 

a: Copy is of executed agreement taken out in 2009, this has been electronically signed, but not signed manually i.e. My signature is not present

 

b: A second agreement has been given to me with my new address, this agreement is unsigned and has not been electronically signed either

 

also on the second agreement there appears to be no signature box either.

 

I am confused with mbna how can they provide me with a second agreement when i have not signed it with my new address??

 

Is this legal - very confused??

 

Please help!!??

 

Claire,

 

Unfortunately the answers you'll get may not always be what you'd like to hear! The answer to your query was not my personal point of view but a statement of the facts as they are and you can do your own research and will find nothing different.

 

In a nutshell: if your card was taken out in 2009 you can't really use unenforceability in your favour. I would like to be able to tell you otherwise as I myself have an unenforceable MBNA CC so I can understand why you would like to take this route but it won't work in your case because your account is just too recent!

 

You should also be aware that The Consumer Credit Act 1974 (Electronic Communications) Order 2004 states that ticking the box is the equivalent of a signature for online applications made after 2004. The document is here: http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=Consumer+Credit&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=996470&ActiveTextDocId=996470&filesize=59499

 

Hope that clarifies matters for you!

 

You will notice that not everybody gets taken to court for unpaid debts, however, should MBNA or a DCA start court action, you will not have a defense based on the issues you've posted. Everyone (including OCs and DCAs) knows about the changes to the CCA enacted in April 2007 and will use the age of your account to their advantage.

[Claire Marshall]

Thank you sweetie advice taken and understood.

 

I do have a Halifax credit card which I took out in September 2006, which is currently being looked into so hopefully that one will be unenforceable!!

 

I might just write to MBNA and ask them to stop adding the interest so that I can pay the balance only; see how they respond.

 

If they dont then I can just do a balance transfer onto another card and avoid interest that way.

[flowerchild]

I can see how you feel about MBNA and their obscene interest, that's what made me default in the first place as suddenly the balance was going UP despite keeping up payments every month - the balance went over the limit because of their interest hike in 2009 and there was PPI on top! They also charged overlimit charges but I only went over limit because of THEM! I wrote to them and they came back with a load of poo so I just stopped paying them almost 2 years ago! :mad2:

 

MBNA ****ed me off soooo much I was even looking into a CMC like you (CCK in my case, ouch! ) just to get back at the b******s, I couldn't believe that, while the BoE dropped the base rate to nearly zero to stimulate the economy, these sharks were using the opportunity to line their pockets, knowing balance transfers were few & far between at the time! I was unemployed and most of my savings went down the drains just to keep up with payments, only to be swallowed up by their interest & charges! :mad2: :mad2:

 

So I haven't paid them a penny for two years and the account is UE as they have no trace of a CCA, they have admitted as much in writing...

 

So you see I fully understand your frustration with them, it's a shame UE doesn't apply to newer accounts as the Powers That Be decided to side with the banks when they passed the new CCA in 2006, knowing how useless and inefficient financial institutions were, they decided to repeal the section that made it possible to challenge their agreements...

 

Yes, you should consider a balance transfer if you have the option, why line the pockets of MBNA?

 

Best of luck!

[Claire Marshall]

Thanks hun, the fact that MBNA have sent me a credit agreement that has not been executed as far as I can see I might seek advice about it as well.

 

If I can't get anywhere with it, then I will do a balance transfer.

 

Thanks for the help by the way!! xx

[Claire Marshall]

Hi all, hope you are well.

 

Just received an interesting letter from MBNA

 

Considering my account is in dispute over a non executed agreement, the greedy buggers have sent me a ltter about raising my interest rate from 15.9% to 24.9%

 

Aren't they greedy sods, even the rate of inflation aint 9%!!

 

How can they get away with this!!

 

I have sent them a letter about it objecting to the increasing as it will make the debt worse!!

 

Anyone else got this problems with MBNA!!??

[rebel11]

Just remember to remind them, that the 'account is in dispute', when you send them letters.

 

http://www.moneysavingexpert.com/reclaim/credit-card-interest-rate-increases

[ims21]

Hi Claire

 

Have merged your thread you started today (#29 and #30) above..

 

Please please stick to one thread per issue.

 

ims

[Claire Marshall]

Thank you rebel, I have sent them another letter saying account is in dispute.

 

I also telephoned the Financial Ombudsman Service to tell them and they are not happy with it either.

 

I have told MBNA that if they increase my rates I will go bankrupt as they are putting too much financial strain on me by upping my rates by 9%!!

 

Hopefuly this might do the trick!!