Mbna - Properly Executed Agreements

[Cornucopia]

Hi LB, by sending the application (if that's all they have) they comply with s78 and avoid potential legal sanction. They presumably will say to TS, if tackled, that as far as they're concerned that's the agreement.

 

Many peeps have been sent 'applications' and accept them as being valid agreements. Personally I challenge the rubbish they send me, if appropriate.

 

Regards

 

Lantana

 

I would just like to add to this since my posting regarding, what I consider to be, a fraudulent agreement.

 

I had a lightbulb moment last night.

 

The "agreement" has my husband's current address and credit limit, however, unless MBNA can claim to be Mystic Meg, how can they have known what my husband's address was going to be 11 years later if this agreement was from when the account was opened.

 

Sorry, but this is a blatent fraud and I have it on good authority that I am right!

[Perseus]

Hi Corn, you've gotta follow this up - this really is a blatant attempt at providing a flase document in order to obtain/retain financial gain...

Fraud by deception? False representation? Call it what you will, it's bloomin dodgy.

 

xxxxxxx

[Cornucopia]

Hi Corn, you've gotta follow this up - this really is a blatant attempt at providing a flase document in order to obtain/retain financial gain...

Fraud by deception? False representation? Call it what you will, it's bloomin dodgy.

 

xxxxxxx

 

Hello my lovely Pers! Yes, quite! Never fear, all in hand!

 

You can imagine what was said when a certain relative of mine had sight of it! You know the score!

 

Hun, can you email me or PM me your email address, somehow it has disappeared from my contacts! I blame the MIB's!!!

[Cornucopia]

Hi all

 

Subscribing......

 

waiting for my agreement off MBNA.........waiting........waiting.......

 

12 days is well up they are now at least 10 days into default period

just got a "statement" today (sat) with the promise of my agreement to follow "shortly".....hmmmm

 

just added.... mine is a loan rather than a cc

 

Dave

 

Dave, please be very very careful when studying what they send you, you would not believe what they sent me, I know you post on the CCA thread and they are great at unravelling, but even with my knowledge and going through it with a fine toothed comb, I didn't have my lightbulb moment about an absolutely vital point until a few days later!!!

 

Please PM me when you get it as this could be very important!

 

Regards,

 

Corn x:)

[Perseus]

Just PM'd you my cherub! ;-)

[davefirewalker]

corn ... will do !

 

rgds

 

Dave

[davefirewalker]

ermmmmm just a thought...I think I still have the original :-)

 

lets see what they come up with

 

Dave

[Cornucopia]

ermmmmm just a thought...I think I still have the original :-)

 

lets see what they come up with

 

Dave

 

Ooohhhh!! How EXCITING!!! This could be VERY interesting!!!!!

[Guest Battleaxe]

I do love creative writing classes.

[progenic7]

hi all (back from holiday )

 

just reading through the last few posts, and still wondering what i can or cannot do with my unenforcable (application form sent as the agreement)

 

i posted the photos on another thread, anyone have any ideas on what i can/could do about the fact MBNA have not got a proper agreement.

Only thing is i actually cleared my debt with them and paid it off in full last year, then a few weeks back i closed the account in readiness to take them to court over charges and mis sold PPI.

 

anything i can do ?

 

johnny

[miss muppet]

Evening all, just a thought Corn, did they have Mr.Corn's signature on this "agreement" showing his address as it is now rather than 11 years ago? If so then it is clear for all to see it is a forgery!!

[sortingitout]

I sent a CCA to MBNA regarding two accounts, i had this sent to me the other day, with a hand written note saying..

"Copy as requested. Same application for both accounts supplied, thankyou"

Which can not be right, as i know i opened them in different years

 

 

Here is a link to a much bigger image of the scan, click to enlarge..

 

http://img367.imageshack.us/img367/2431/ccambna1wf5.jpg

 

 

EDIT: They also sent my cheque back.

[sortingitout]

On the back of the above is the "Financial & Related Conditions"

[davefirewalker]

Would like to see them.....

 

the above seems to be an application only It does not have the prescribed terms

 

As to the prescribed terms that must be in the 'signature document' then these are ONLY the following:

 

• amount of credit (not applicable to running account agreements)

• credit limit

• rate of interest

• repayments

 

As far as I can see, NONE of the above are on that doc

 

It seems like an application only

 

Please have a read of this thread http://www.consumeractiongroup.co.uk/forum/general-debt/74733-credit-agreement-application.html

 

take some time to read it properly.......its a big thread, but it has all the info you need

 

rgds

 

Dave

[davefirewalker]

I would also bring your attention to s60-61 of the cca1974

 

have a read

 

Dave

[sortingitout]

Would like to see them.....

 

rgds

 

Dave

 

It is quite a large file, tried to keep the quality best i could.

 

http://img443.imageshack.us/img443/7384/termsmbnadi0.jpg

 

Thanks for the reply, will get reading on the threads you mentioned.

[Cornucopia]

Evening all, just a thought Corn, did they have Mr.Corn's signature on this "agreement" showing his address as it is now rather than 11 years ago? If so then it is clear for all to see it is a forgery!!

 

Hello stranger! Nice to see you posting again, hope all OK with you!

 

Just to clarify, the application form they sent (which contains none of the prescribed terms), has the address of 11 years ago and Mr Corn's signature. However, this is just the application form.

 

The frankensteiner has no signatures at all, in fact, they have concealed the signature boxes with stickers! The address and credit limit are as they would be now, not 11 years ago! Mystic Meg is at work at MBNA! It has also been pointed out to me that it is unlikely a true copy of the executed agreement would actually have the credit limit on it, let alone one that is about £13,000 more than it was in 96! I think they are trying to pass off the application form as "signed by both parties" as it has an MBNA stamp on it that is frankly, illegible. They have also doctored the application form by covering up the notes at the top (hand written by somebody) with a mysterious barcode!!!

 

This could have quite serious implications for MBNA and I am not the only one in possession of a frankensteiner!!!

 

Thanks to whoever gave me a click on this thread!!

[davefirewalker]

sortingitout

 

just had a look at the t&c on the reverse of the doc........hmmmmm

 

it seems as though

1) the interest is covered (we'll inform you from time to time)

2) payments (minimum as cash or percentage)

3) frequency (monthly statements)

4) credit limit (we'll tell you)

 

It seems as the major prescribed terms are there

 

But.......it may be improperly executed as it only has one signature (big argument going on at the mo over this) and some other stuff may be missing. but don't build your hopes up.

 

As for the same doc for TWO accounts sepperated by time as you say this cannot be right.

 

Ask some questions in the application or agreements thread

 

Dave

[davefirewalker]

Hi all

 

Subscribing......

 

waiting for my agreement off MBNA.........waiting........waiting.......

 

12 days is well up they are now at least 10 days into default period

just got a "statement" today (sat) with the promise of my agreement to follow "shortly".....hmmmm

 

just added.... mine is a loan rather than a cc

 

Dave

 

 

Just an update....... they received request on 14/03...............

statement sent 07/04...........and then NOTHING else as yet....

 

oh they are in deep doodoo

 

Dave

[ladybird17]

i sent off my CCA 1st March - account officially in dispute since end Jan. I have now received 2 letters about arrears and threatening default, and today they kindly sent an "IMPORTANT DEFAULT NOTIFICATION"

(No agreement as yet - 6 days to go & counting)

 

I have penned a nice little billet doux for Mr. Wareing pointing out all the sections of CCA they have breached, and also berating him for their "blatant disregard & contempt of both their customers and the law" and their "remarkable assumption that they can pursue this route knowing their actions are unlawful".

 

Daresay I will hear......zilch!

Made me feel better though!

[Cornucopia]

i sent off my CCA 1st March - account officially in dispute since end Jan. I have now received 2 letters about arrears and threatening default, and today they kindly sent an "IMPORTANT DEFAULT NOTIFICATION"

(No agreement as yet - 6 days to go & counting)

 

I have penned a nice little billet doux for Mr. Wareing pointing out all the sections of CCA they have breached, and also berating him for their "blatant disregard & contempt of both their customers and the law" and their "remarkable assumption that they can pursue this route knowing their actions are unlawful".

 

Daresay I will hear......zilch!

Made me feel better though!

 

Nice one Bird! Don't expect a response though! I would have also sent him a nice bottle of your best Tesco Value Chateau Naff du Crap because he is going to need it whilst reading all of our hate mail of late!!!!!

[ladybird17]

Crikey Corn, I don't give my semillion du bog roll away to just anyone you know!!

 

Well time is up for them next Wed - i.e. 12 + calendar month (and that's gving them a day for postage as well) and then I shall sit back - my credit scoring will be shot to sh**, thanks to MBNA.

I'm hatching a plan!

[Cornucopia]

Crikey Corn, I don't give my semillion du bog roll away to just anyone you know!!

 

Well time is up for them next Wed - i.e. 12 + calendar month (and that's gving them a day for postage as well) and then I shall sit back - my credit scoring will be shot to sh**, thanks to MBNA.

I'm hatching a plan!

 

A cunning plan?

[m55dlc]

As cunning as a fox who holds a Doctorate in Cunning from cunning university?

[Perseus]

Lets hope a good linguist too then eh?