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Is my CCA unenforceable?
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BamsMum
Posts: 1 Newbie
in Credit cards
I hope this is the right forum and I have searched for the answers to my questions but have been unable to find them.
I requested by CCA from MBNA who have provided me with a copy of my Credit Card request (from 2001).
The first page contains my signature however the prescribed terms and conditions are on the second page which has not been signed by myself.
Firstly, this is an applications for a credit card - has MBNA fulfilled my request for a copy of my CCA?
Secondly, does the page containing the prescribed terms need to be signed by myself to make it enforceable?
Thirdly, I noted in the terms and conditions that the minimum payment should be the greater of £5 or 2% of the account balance, however, whilst on a promotional interest rate MBNA only collected £5 monthly minimum payment from myself for 6 months, when my account balance was approx £4.5k therefore 2% would have been £90 - does this mean MBNA are in breach of their own terms and conditions?
Thanks in advance for all help and advice received.
I requested by CCA from MBNA who have provided me with a copy of my Credit Card request (from 2001).
The first page contains my signature however the prescribed terms and conditions are on the second page which has not been signed by myself.
Firstly, this is an applications for a credit card - has MBNA fulfilled my request for a copy of my CCA?
Secondly, does the page containing the prescribed terms need to be signed by myself to make it enforceable?
Thirdly, I noted in the terms and conditions that the minimum payment should be the greater of £5 or 2% of the account balance, however, whilst on a promotional interest rate MBNA only collected £5 monthly minimum payment from myself for 6 months, when my account balance was approx £4.5k therefore 2% would have been £90 - does this mean MBNA are in breach of their own terms and conditions?
Thanks in advance for all help and advice received.
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Comments
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No in my opinion - you have been given a set of generic terms and conditions which can be varied or changed by giving you notice.
Have you honestly not received new terms and conditions for the card over the years either with the monthly statement or renewal cards?
I know I have and will readily admit to throwing them in the bin without reading them but then again if I spend money on any credit card I repay it.
What MBNA were doing was giving you a promotional rate - the minimum repayment is just that - a minimum there is no law saying you could not put a lot more back on the card when you wanted.
You do not have to sign every page of an agreement to make them unenforceable - these days you may not have to sign at all as it is now permissible for lenders to have had your signature electronically if you apply online.
If you are struggling to pay back this debt then go to the debt free wanabe board where you will get a load of useful advice.0 -
When you signed up for the card you signed to say you had read, understood, and agreed to the whole T&Cs. It's not necessary to sign every page!!Secondly, does the page containing the prescribed terms need to be signed by myself to make it enforceable?
Are you sure it said "greater" back then? It used to be "x% or £5 plus interest, charges, and PPI, whichever was the LESSER"...but it's only recently that they've changed it to "£25 or 1% whichever is the GREATER".Thirdly, I noted in the terms and conditions that the minimum payment should be the greater of £5 or 2% of the account balance, however, whilst on a promotional interest rate MBNA only collected £5 monthly minimum payment from myself for 6 months, when my account balance was approx £4.5k therefore 2% would have been £90 - does this mean MBNA are in breach of their own terms and conditions?
Seems like you're fast running out of straws to clutch at here doesn't it?0 -
You requested a credit card and accepted their offer of a loan. You paid a pittance for the first 6 months and prudence would have suggested you put more to one side so that you could pay it off later. You signed the agreement and now you want to walk away, taking the balance of their £4.5k
Jones has given you the best advice you're going to get - go to the DFW board and seek advice on how you can get yourself back on track, paying back your lenders as you go, rather than screwing them for being foolish enough to lend you money in the first place.You've never seen me, but I've been here all along - watching and learning...:cool:0 -
I hope this is the right forum and I have searched for the answers to my questions but have been unable to find them.
Have a read of this - will help you assess the situation: http://forums.moneysavingexpert.com/showthread.html?t=1868507LongTermLurker wrote: »You requested a credit card and accepted their offer of a loan. You paid a pittance for the first 6 months and prudence would have suggested you put more to one side so that you could pay it off later. You signed the agreement and now you want to walk away, taking the balance of their £4.5k
Jones has given you the best advice you're going to get - go to the DFW board and seek advice on how you can get yourself back on track, paying back your lenders as you go, rather than screwing them for being foolish enough to lend you money in the first place.
What a muppet! Who are you to dictate to the OP about right and wrong? Jees, there is always one isn't there
As for Jones thanking your downright disgraceful post, well that's another matter altogether isn't it! Shameful. 
2010 - year of the troll
Niddy - Over & Out :wave:
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never-in-doubt wrote: »Have a read of this - will help you assess the situation: http://forums.moneysavingexpert.com/showthread.html?t=1868507
What a muppet! Who are you to dictate to the OP about right and wrong? Jees, there is always one isn't there As for Jones thanking your downright disgraceful post, well that's another matter altogether isn't it! Shameful.
I'll tell you what is shameful, it is people trying to escape their obligations of paying back money borrowed like the OP. You and the OP are typical of "Brown's Britain". Refusing to take responsibility for their actions.0 -
I'll tell you what is shameful, it is people trying to escape their obligations of paying back money borrowed like the OP. You and the OP are typical of "Brown's Britain". Refusing to take responsibility for their actions.
I was thinking exactly the same thing. I dislike seeing "But its the law" and "But the law says".
Yes, it may well do, but MORALLY the bottom line should be "You borrowed the money, pay it back".
And I am fully aware N-I-D is now going to come on and say "But personal opinions don't matter, the law does". Thats totally correct. It doesn't necessarily make it right though, does it.
The law can be an !!!, we all know that.
N-I-D, can you TRUTHFULLY say that if someone gets out of their obligations on a technicality then you think "good on em"?0 -
sharpy2010 wrote: »I was thinking exactly the same thing. I dislike seeing "But its the law" and "But the law says".
But what about when the banks use their terms against us? Is this acceptable in your eyes then?sharpy2010 wrote: »Yes, it may well do, but MORALLY the bottom line should be "You borrowed the money, pay it back".
Morals don't stand up in court though. Sorry but it is the truth!sharpy2010 wrote: »And I am fully aware N-I-D is now going to come on and say "But personal opinions don't matter, the law does". Thats totally correct. It doesn't necessarily make it right though, does it.
See above :beer: As if on cue, N-i-D comes on and does exactly that..... I kinda agree, its not 'necessarily right' but all the same, the banks are to blame for issuing unlawful CCA's willy nilly.....sharpy2010 wrote: »The law can be an !!!, we all know that.
Agreed.
sharpy2010 wrote: »N-I-D, can you TRUTHFULLY say that if someone gets out of their obligations on a technicality then you think "good on em"?
Honestly, yes that's how I feel. The law is there to protect and safeguard us from impartial decisions and/or opinions that could be detrimental to us. As a result, the law can either work in our favour or work against us. I am all for the law.
Just to clarify, its not a technicality - its blindingly obvious and the banks deserve everything they get as a result of their negligence. 2010 - year of the troll
Niddy - Over & Out :wave:
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N-I-D, thank you for a very interesting reply to the issues raised in my post.
I'm not certain the banks "use their terms against us", but they certainly have unfavourable terms to begin with. The "right of set off" is one that springs to mind immediately.
I have to say, I don't agree with everything you say with regards unenforcibility of credit agreements, but I *DO* see your point and where you are going with your views.
I am sure we can agree to disagree on some of the points 0 -
Thirdly, I noted in the terms and conditions that the minimum payment should be the greater of £5 or 2% of the account balance, however, whilst on a promotional interest rate MBNA only collected £5 monthly minimum payment from myself for 6 months, when my account balance was approx £4.5k therefore 2% would have been £90 - does this mean MBNA are in breach of their own terms and conditions?
Thanks in advance for all help and advice received.
Yes that sounds like a totally unfair breach of contract and I see no reason why you should not have the whole amount written off. They appear to be ripping you off.:rolleyes:0 -
sharpy2010 wrote: »N-I-D, thank you for a very interesting reply to the issues raised in my post.
I'm not certain the banks "use their terms against us", but they certainly have unfavourable terms to begin with. The "right of set off" is one that springs to mind immediately.
I have to say, I don't agree with everything you say with regards unenforcibility of credit agreements, but I *DO* see your point and where you are going with your views.
I am sure we can agree to disagree on some of the points
Hi Sharpy..... Yea, RoSo is the biggest royal pain in the ars and most, if not all, lenders utilise this now. I heard a rumour (not sure how true) that a lender (Barclays) used RoSo to add a charge against his house and then added the arrears to the secured loan without the blokes knowledge. Now, not sure how true that is but if so i'd be spitting feathers!
I know people won't always see eye to eye but to be fair, all I do is stick to the facts and so long as the law says it is acceptable to challenge unlawful agreements then i'm behind it. On that note, you'll also see I am 100% against outright fraud where people want to rip the lender off. So although it may 'appear' that I am totally anti-banks, I am moreso against their ethics and actions - not specifically the banks themselves 2010 - year of the troll
Niddy - Over & Out :wave:
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