Is My Agreement Enforceable - Useful

[foolishgirl]

What type of agreement is this zosaphine - credit card, loan, overdraft?

 

If it was either of the first two, unless your agreement was signed pre-1974, it is most definitely regulated by the CCA1974.

 

Suggest you write back & tell them they are talking rubbish & that they should seek legal advice. Quote S77/78 at them re. responding within 12 days & that until they provide the agreement, they cannot enforce the debt i.e. they can't have the money they are asking for. Also state you will be reporting their comments to the OFT.

 

Of course, they may respond by making a CC claim in which case you will have to be prepared to defend & then they will have to produce the agreement. More likely they will run off with their tails between their legs i.e. return the account to the OC.

[Old Cogger]

Must be an ACCESS card no agreement signed, they were issued to all and sundry in the beginning, to activate a so called agreement you had to use it once, once purchase was made by ACCESS card that was the agreement no paperwork, sounds this was one if before CCA1974???? I had one orioginaly.

[Prudence]

Hi

Could anyone say whether this 'application form' (but says Credit Agreement regulated etc at the top) is enforceable please? Many thanks, Pru

 

 

[middenmess]

Hi Pru

 

Probably best to start your own thread in the MBNA Section as this post is unlikely to be seen by many buried on page 64 of this thread.

[alternative-answer]

I am just looking at what MBNA have sent me,i have been trying to get default removed but each time at the death theyve just scraped in with information.I can get them on not sending default to correct address but now im thinking is the form they sent me enforcible it just seems to be an application form rather than legal cca..any thoughts

MBNA defaulted me, sold the debt, DCA put on notice of default and so can no longer pursue me for repayment. I have an audited agreement that clearly shows breaches of the prescribed terms. I need some help on which way to go with this in relation to DCA, or going back to MBNA. Is there a template letter please?

[steven4064]

AA

 

this is quite an old thread - it is much better to start your own thread. What do you want a template letter to say?

[alternative-answer]

Something on the lines that the default was entered at a time when the agreement was being disputed and was never resolved, that the DCA has never proved the agreement was enforcable or replied in substance to 3 letters I sent to them in fact they told me they would no longer communicate about this matter with me. They periodicaly use an automated phone message to attempt to contact me, they don't write to me or have a human phone. They have never attempted collections procedures, only once sending a sudo solicitors letter threatening legal action.

[Basil Fawlty]

Can someone please clear this up for me regarding prescribed terms and enforceability?

 

I have been sent by MBNA a signed application form with the prescribed terms photocopied on the reverse. Whether or not they were on the back originally, I dont know, but on the MBNA Application form thread (which I cant access at the moment), it said:

Comments : Around this time, (1997/98) MBNA did cock-up the Prescribed Terms. A common mistake was on the Minimum Payment Prescribed Term, as MBNA used to add a series of exception clauses to them...i.e. exception clauses that were to be found within another Document!

 

That stuffs them, as the Prescribed Terms cannot be found in another Document...they must be contained within the four corners of the Agreement.

 

On my ''prescribed Terms'' there are the following exceptions:

In section 4 of these conditions they mention ''except as mentioned in conditions 9.4, 10.5 and 10.6....Also in section 5© it mentions condition 9.1 and 14.1...... none of these are on this form, nor on the present day terms and conditions (£12 charge) sent along with this application form.

 

Would this make the Agreement unenforceable, or has anything changed in light of the recent court cases?

 

A copy of my agreement and terms can be seen here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?279652-MBNA-admit-to-having-no-CCA

 

Thanks

BF

[Prudence]

Hi Basil, I have the same 'Terms & Conditions' on the back of the application form they sent me (from 1998). I too haven't had a response as to whether it is enforceable or not so hope that someone knowledgable can answer this for us.

[Basil Fawlty]

Hi Basil, I have the same 'Terms & Conditions' on the back of the application form they sent me (from 1998). I too haven't had a response as to whether it is enforceable or not so hope that someone knowledgable can answer this for us.

 

Yep, hopefully we can get a definite answer on this. CitizenB has been very helpful on my thread about this subject.

 

BF

[steven4064]

Please all be very careful. This is an old thread and the world has changed since it was started. There have been a number of test cases in the last year (or so) that make it virtually impossible to get a debt cancelled on he grounds of agreemnet unenforceability. The tests the courts apply to such things are extremely lax. Two years ago, the agreement you posted would be worth fighting. Today it is not. A court would certainly rule it enforceable.

 

I am going to close this thread as it is past its sell by date.