CCA Application and agreement (copy of)

[progenic7]

ok this is what MBNA sent out when i asked for a copy of original

executed agreement.

any thoughts ?

see below, thats what i got when i received my card !

so one is the application form and ones the agreement

but are they valid and executed ?

 

ps how do you post a jpg straight into a post box ?

[tifo]

the second one could be executed, but then it doesn't have any signatures on.

 

not really sure.

[rosierose]

IMO, niether is a properly executed agreement. The first, although signed only by you, does not contain the necessary terms and is utterly unenforceable. The second, whilst containing some of the terms is not signed and hence likewise.

[progenic7]

thats all i have ever received from them, so where does that leave me ?

[Guest Battleaxe]

It leaves you holding the winning hand. You push ahead now, reminding MBNA that you have not received a true copy of the executed agreement.

 

You remind them that any alleged debt is unenforeceable by them and as such they cannot sell the debt the on. if this is done they will have to expalin to Judge why they did this.

 

You proceed with your claim.

 

My claim is in the same state and at the moment I have left everything in MBNA's hands they are now between a rock and hard place.

 

There is nothing they can do, but a lot you can do to get back the unlawful charges.

[progenic7]

Thanks BA,

 

the only thing is (not that this is a bad thing of course) i actually got my myself together and actually paid the entire balance off with MBNA, so my account is now at £0 (card withdrawn).

Clearly the fees and indeed the PPI (mis-sold) is being claimed for and i expect no trouble from them over this.

Its just with all the talk over at the CCA threads i wondered if in law there is anywhere left for me to take this unexecuted agreement idea. I know i was in a dilema about the whole idea of the CCA thing, but im over that now, and morals aside what can be done, anything ?

[dpick]

subscribing

 

dpick

[tifo]

i also received an application form as the DCAs fulfilling of my CCA s.78 request, which is signed only by me but not by A&L. This is assume is not 'executed'?

[progenic7]

Tifo,

 

TBH mate im not really sure about the whole CCA unexecuted and executed thing thats been going on for a while, which is why i posted the photos of my MBNA ones.

I was hoping somebody with alot of knowledge about this subject jump in and say soemthing like....that means you now are awarded £50,000 and get a free holiday for life

there has been loads of talk on this subject with alot of people saying that we could get most of the money we paid in the first place...back

[gemspan]

Hi

 

None of these are properly executed agreements. The first is an application form and that is what I got sent in the post. MBNA aka A&L also said that by law they didnt have to send an agreement that was signed!!!!!!

 

Gemspan

[m55dlc]

Lets not forget here, that if they do not provide you with an agreement that they have signed, they CANNOT have complied with s63.4 and they CANNOT have complied with s85.

[zubo]

Lets not forget here, that if they do not provide you with an agreement that they have signed, they CANNOT have complied with s63.4 and they CANNOT have complied with s85.

 

 

So Pro

 

Consider this - they are in default, they have sent you a pre-contractual application followed by an unsigned agreement and as my good friend m55 pointed out cannot have complied with s63.4 nor s85.... mmm rearrange a well known phrase: street without up they are sh+t paddle a

 

and

 

this imho is totally unenforceable, you have won £10,000 and a 2 week holiday each year for life.

 

Write back and give them the good news and ask them for Consolidation...

must remember to ask BA how she has done her Consolidation

 

Z

[gemspan]

Hi

 

I have a loan agreement with GE Money but it was not executed properly. However there is a section that states it is enforceable as long as it is signed by the debtor ie me!!! I will have a look for my thread and let you see it.

 

Gemspan

 

http://www.consumeractiongroup.co.uk/forum/general-debt/64788-agreement-not-signed-creditor.html?highlight=gemspan

[progenic7]

thanks all for your comments on this matter, i do feel myself warming up to this whole idea

 

BTW im currently working on a set of terms and conditions that will enforce zubo's comment, and therefore i now am entitled to my 2 week holiday, btw zubo i only accept cheques

 

but seriously im still not sure about the whole thing, like how should i word the challenge ect.

I will feel alot better about it when somebody else has taken them to task over it, and has actually won. I think till then i will wait and see what the outcome is especially if it goes all the way to court.

[progenic7]

gemspan,

 

i have looked at your thread on the subject and i find that very interesting indeed

what i found most interesting was, while looking over your thread the penny dropped for me why barclaycard have written off my debt.

im pretty sure its becasue they know they dont have a executed cca to take to court, according to experian credit ref agency, my barclaycard was paid up in full and then closed 18months ago !

funny thing is that i still owe £2000 on it and have not paid a penny in two years..........very weird huh ?

so unless i have a secret admirer who really really likes me, barclaycard must have decided that upon reflection they cannot chase me for the debt.

But since i stopped paying them i only received one letter, and then all correspondance stopped, they threatened me, then nothing.

Then when i looked at my credit file on experian, the debt is gone :o

 

what are your thoughts on this ?

[zubo]

Hi

 

I have a loan agreement with GE Money but it was not executed properly. However there is a section that states it is enforceable as long as it is signed by the debtor ie me!!! I will have a look for my thread and let you see it.

 

Gemspan

 

http://www.consumeractiongroup.co.uk/forum/general-debt/64788-agreement-not-signed-creditor.html?highlight=gemspan

 

Annie

 

The section you mentioned is complete nonsense and in its own right would possibly place the enforceability of the agreement in doubt. Pam has given you some excellent advice which you really should follow through on. I would point out that there are significant issues with the agreement which makes it unexecuted and that you now are seeking repayment of all unlawful charges including interest and removal of all defaults.

 

Have you SARd them? You need to prepare a schedule of their charges you have paid + contractual interest to send them.

 

Z

[Guest Battleaxe]

So Pro

 

Consider this - they are in default, they have sent you a pre-contractual application followed by an unsigned agreement and as my good friend m55 pointed out cannot have complied with s63.4 nor s85.... mmm rearrange a well known phrase: street without up they are sh+t paddle a

 

and

 

this imho is totally unenforceable, you have won £10,000 and a 2 week holiday each year for life.

 

Write back and give them the good news and ask them for Consolidation...

must remember to ask BA how she has done her Consolidation

 

Z

 

I filled in a spread sheet Vamps No 2, placed 37.9% CI and 24.9 respectively and went to work from the date of the first breach, all interest on the accounts from that date. As Crap One and MBNA are choosing to ignore this and I am going to ask for CI, the interest is accruing. Funny now because of the CI, both banks owe me a nice holiday in Caribbean and no more payments on the cards.

 

Crap One do not get the concept of Section 85 at all.

 

MBNA (A & L) are in breach of Sec 63.4 anyway, so they are up that proverbial creek without a paddle.

 

They can threaten, they can bluster, they can take me to Court. In the end, they can't hurt me, while they are doing this, my nest egg is growing and I might be able to affors a nip and tuck as well as a holiday in the sunshine courtesy of the generosity of two credit card companies. Heck when this started out, all I wanted back were my unlawful charges and a bit of reasonable behaviour from them. they have stalled at every turn. they are the masters of procrastination, but at the end of the day, they are in deep doo doo and I am not going away until I have been paid.

 

MIB, you know who I am, so just give up and realise you have nothing else to fight with. You no longer hold us in your thrall. It is over. You are not Spartans.

[gemspan]

Annie

 

The section you mentioned is complete nonsense and in its own right would possibly place the enforceability of the agreement in doubt. Pam has given you some excellent advice which you really should follow through on. I would point out that there are significant issues with the agreement which makes it unexecuted and that you now are seeking repayment of all unlawful charges including interest and removal of all defaults.

 

Have you SARd them? You need to prepare a schedule of their charges you have paid + contractual interest to send them.

 

Z

 

Hi Zubo

 

I have SAR'd GE Money and this is what they sent me. I have 3 accounts with them - 2 of them have unlawful charges on them and I have written off to have them removed. I have also charged them CI!!!!! LOL. The loan agreement was sold to Asset Link who refused to take any money from me as they wanted the whole amount - not just little bits and pieces! Now, I was having to sell my house last year (before I found this site and became empowered!!!! LOL) and was going to pay £2000 ish off. The loan was for £5800 with interest of £1115. I initially had a car loan with them but refinanced to a personal loan as it was cheaper. Asset Link were looking for just over £2000 from me to settle this. However, when I got the agreement I discovered that it hadnt been signed by them and checked all the other paperwork. the previous loan hadnt been signed for either. I think this may be normal with GE Money.

 

I have advised them that as the agreement has not been executed properly it is unenforceable. There is also nowhere on the agreement that gives them permission to sell the debt on, so that is something else I have to sort out.

 

I have sent them a stinky letter yesterday regarding all accounts and have told them that they better start to take me seriously because this is their last chance before it goes to court and to the OFT and ICO.

 

I wondered if you could direct me (or tell me! ) what exactly are the prescribed terms in a Consumer Credit Agreement. I have hunted around and couldnt find anything.

 

Thanks in advance.

Annie

[gemspan]

gemspan,

 

i have looked at your thread on the subject and i find that very interesting indeed

what i found most interesting was, while looking over your thread the penny dropped for me why barclaycard have written off my debt.

im pretty sure its becasue they know they dont have a executed cca to take to court, according to experian credit ref agency, my barclaycard was paid up in full and then closed 18months ago !

funny thing is that i still owe £2000 on it and have not paid a penny in two years..........very weird huh ?

so unless i have a secret admirer who really really likes me, barclaycard must have decided that upon reflection they cannot chase me for the debt.

But since i stopped paying them i only received one letter, and then all correspondance stopped, they threatened me, then nothing.

Then when i looked at my credit file on experian, the debt is gone :o

 

what are your thoughts on this ?

 

Hey Progenic7

 

Me thinks you may have a sugar mommy!!!! LOL I couldnt imagine Barclays just paying off the debt without you challenging them. Just hope she aint a bunny boiler!!!!

 

If there's anybody out there with spare cash they can pay off some of my debts for me too!!!!

 

Annie