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All Guns Blazing Vs Mbna(abbey)


hermanthegerman
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Sent a cca request to abbey in august.Their reply is as follows

 

Dear Herman,

Thank you for your recent request:I can confirm the following are enclosed

 

1.terms and conditions

2.Recent statement of account

 

As your account was previously with Abbey,you will need to contact them directly for a copy of your original application form,however for the avoidance of any doubt ,we would like to confirm that MBNA has responded in full to the request you made under S.78 and in any event your agreement remains valid and your obligation to repay remains intact.

 

Yours Sincerely

 

A Piers Morgan

 

 

 

My assumption is they have no agreement and are trying it on.Am off to read up on the act itself but any help here would be great:D

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The 1983 regulations do allow them to respond to a request under s78(1) of the CCA 1974 with T&Cs and some other stuff. However, an application form will not do as it is a pre-contractual document - in fact it is an offence under the CCA to send an application form as a response to a s78(1) request (I believe).

 

However, if they resond with only the stuff allowed under the 1983 regs, that is not enforceable. THe only thing that is enforceable is a copy of 'the executed agreement' - ie an agreement with your signature and the T&Cs on the same page. It should also have a signature or equivalent of the someone authorised by MBNA/Abbey to so sign it (but I think it may be enforceable without that) (Under the 1983 regs they can send a 'fair copy' which is something else).

 

Should they take you to court, without a copy of the executed agreement thaey don't have a case.

Steven

 

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