Arrow Global/MBNA

[foxyflugel]

[caro]

This thread will help you, but it was posted before the Carey v HSBC case in December 2009, so may need updating.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

[foxyflugel]

Any other comments please?????

[macie]

Look at the Terms and Conditions of use.

 

In section 5 it lays out the minimum payments except as mentioned in clauses 9.4, 10.5 and 10.6.

 

These clauses are not mentioned anywhere in the documentation.

 

Minimum payments are a prescribed term.

 

I wonder what clauses 9.4, 10.5 and 10.6 said? Maybe they said you don't have to pay anything when the day has a "y" in it.

[foxyflugel]

If only Macie Thanks very much for your input into my thread. I thought no-one was ever going to help me.

 

What do I do now then? because that is all that they have sent me. Does that mean that if they have more documentation containing these terms that are missing that it is then enforcable?. Does what you are saying make it unenforcable then??

[macie]

don't know what you should do now. hopefully somebody else can help.

 

but i would say the agreement does not have the necessary prescribed terms

[caro]

You only posted the agreement. What is your situation and what do you hope to achieve?

[foxyflugel]

That is all they sent me Caro. I was curious to see if was enforceable or not - like others on the site. Any help would be greatly appreciated as I don't want to do anything and be completely wrong about enforceability.

[supasnooper]

Hello foxyflugel,

 

May I just remind that CAG is set up as a self-help site.

 

If you search the site then you should find the answers you need without resorting to request the assistance of the Site Team.

 

Caro has asked some simple questions which remain unanswered.

 

Have a look at these links which may help you understand the enforceabilty of the paperwork (courtesy of 42man & steven4064) -

 

 

Is My Agreement Enforceable - Useful

Consumer Credit Agreements

 

I'm sure that you have done some research on the subject and will know that it will be you who has to explain the technical points of Consumer Credit law to a Judge.

 

The better you know your case, the better prepared you will be.

 

Why not examine your agreement against the advice given in the links and post up what points of contention you observe.

[foxyflugel]

Thanks for your reply Supasnooper. I have answered Caro's questions in my previous post - and whilst I appreciate that CAG is a self help site - I have spent hours upon hours trawling through the site and reading various posts and still feel unsure of my agreements enforceability. Other people on here appear to get help from forumers and I clicked on the sign for site team help as this is what another forumer suggested to someone else in my position. Apologies for bothering you.

[caro]

That is all they sent me Caro. I was curious to see if was enforceable or not - like others on the site. Any help would be greatly appreciated as I don't want to do anything and be completely wrong about enforceability.

 

I'm not clear why they sent you the agreement.

 

For example did you send a CCA request, or are you making a claim against MBNA. or are MBNA claiming from you?

 

Without knowing what you are trying to achieve it's hard for anyone to advise.

[foxyflugel]

Hi Caro

 

I sent them a CCA request and this is what they sent me. Just need to know if it's enforceable and then I can take it further - scared to do so unless I definitely know for sure.

[caro]

I'll move the thread to Legal Issues where you may get more informed assistance.

[foxyflugel]

Hi -

 

 

MBNA have sent me a DN dated 7th July 2010

 

 

- envelope has an S where stamp should be (I've read this means 2nd class)

 

 

and the remedy date given is 26th July 2010.

 

 

Is this correct??

 

 

Does Saturday count as a working day??

 

 

because if it doesn't I make this 2 days out.

[supasnooper]

Saturday is not a working day.

 

All you need to know about DN's - B_R_W's post on DN's

[foxyflugel]

HI everyone - just an update. It is now past the 26th July (date to remedy default by) and I have had no correspondence from MBNA or Abbey. Do I need to do anything or just sit tight? Many thanks in advance.

[foxyflugel]

HI guys,

 

Haven't been on here for a while.

 

 

the supposed CCA that MBNA have sent me appears to be unenforceable (reading through the other posts where the docs are exactly the ame as mine).

 

Have sent a/c in dispute letters etc and received various letters from the usual DCAs threatening various actions

- Experto Credite etc - (none have happened) - this has been going on for approx 18 months.

 

Today, I have received a letter which I don't really get tbh - is it just another way to try and panick me??

 

It states :-

 

PLease be advised by section 62 of the CCA 1974 act,

when an unexecuted agreement is sent to a customer for their signature,

a copy of that unexecuted agreement must also be sent to them at the same time.

 

By section 63 (4) CCA, a copy of the executed agreement must be given to the customer,

the timing of which may be when the credit card is given to the customer .

 

Our systems and processes are set up to ensure that both of these requirements are met

and we see no reason why these requirements would not have been met in your case.

 

MBNA blah blah are satisfied that the regulated credit agreement into which we entered with you satisfies

all relevant legal and regulatory requirements.

As such, there is no need to seek an enforcement order to exercise our rights.

 

Any ideas anyone??

 

I've searched and cannot find anyone else that has posted about receiving such a letter.

 

Any help would be gratefully received.

 

Thanks in advance.

[sleepingdog]

More rubbish from this RUBBISH company.

sleepingdog

[victoria_siempre]

Hi foxy

 

 

One might ignore it especially in the absence of enemy action.

 

One might reply quoting CPUTR (see other threads) to inquire whether they have the original CCA.

 

I don't think it anything to worry about.

 

love

 

vic