Help with MBNA CC CCA please!

fry

Hi all

Can someone please help me, I have just sent a SAR request off to mbna and received back a set of terms and conditions (no signature on) and a double sided A4 sheet with a copy of the original application on that was signed when I took the card out (albeit as a reduced size photocopy)

The original application form was, it looks like, a double sided A4 sheet that you sign and stick together to send back.

The reason I've done this is because I have only just realised that over a year ago they put my interest rate up from 16% to 35%!!!! I have been loyally paying it ever since without checking my statements and to top that it made me go over limit 17 months ago and they have been charging me £12 per month ever since for this privilige!!!:mad:

I have written to them asking them to be a bit more lenient and reduce the interest rate as I have been a reliable customer for 9 years but they are not interested in helping at all.

I'm at my wits end with all my debt and as a start would/could someone take a look at the application and t&c's they sent me to see if the agreement (if that's what it is!) is enforcable.

Any help would be much appreciated.

I was going to attach the files but at the moment I can't figure out how to do it so if anyone can help they could PM me with their email address and I'll send the files to them

Thanks again

never-in-doubt

Here you go - just what you asked for! http://forums.moneysavingexpert.com/showthread.html?t=1868507

Section 77 does allow the lender to send a true likeness of the agreement so dont look too much into the signature as it is not necessary for them to meet their obligation - I quote

I require you to provide me with a true copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days). You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.

You need to check the prescribed terms, as per the link above.

Good Luck.

fry

Hi never-in-doubt

Thanks very much for your reply, I had looked at that thread before I posted and thought it was an excellent source!

I guess I was really asking for a second opinion due to my negativity/state of mind/fatigue which I would still much appreciate if anyone out there would like to help...

fry

Anyone???

fry

Would anyone care to take a look?

Or in other words..............bump.....

stephane_2

MBNA is one of the worst offender for increasing interest rate, unfortunately there isn't much you can do about it, they can increase their rate as they please. If I understand, you probably don't have a DD set up for minimum payment otherwise it would have been taken care off automatically when interest went up. I know it's a bit late, but you should have insured that you had paid the minimum monthly payment to avoid any fees...

CannyJock

fry wrote: »

Would anyone care to take a look?

Or in other words..............bump.....

I think everyone's seeing the thread, they're maybe just thinking that you should take NID's advice and do the groundwork yourself?

If you think you've got a case, then follow the steps. You've nothing to lose and a second opinion doesn't mean you're any more or less likely to succeed.

Time to roll up and the sleeves and get your hands dirty Nobody can do it for you.

fry

Hi Stephane

I did have a DD set up and have had one for the past 9 years where I have never missed a payment. MBNA allowed me to overspend on my card to the sum of about £30 which produced the £12 charge. That coupled with the increase in interest rate and my minimum payment resulted in my card being overlimit for the past 17 months. I never used to check the statements (I trusted them)!!!

stephane_2

Well in that case I don't think you have a leg to stand on.....it is everyone responsibility to ensure not to go over the limit and by not checking your statements for the last 17 months does not help. Don't forget that CC providers will take every opportunity to make money. Maybe it's a lesson for you to learn....

fry

Hi CannyJock

I have indeed done the groundwork and I'm not expecting anyone to do anything for me other than give me their opinion. If I knew anyone who could look at this for me, or I had a friend I could ask, just like anyone on here I would ask them to give me their opinion. Just like anything else in life, sometimes you ask someone else to cast their view or check something out for you. That is all I wanted.

Looking at it from your side of the fence I suppose it might appear that I am making the assumption that someone would help for free, so just to belay that assumption, I am willing to pay for somebody's time if they would help. I'm afraid I can't afford a great deal but I can send something by paypal and I apologise for expecting something for nothing.

Based upon an offer of payment would anyone be prepared to give me their opinion??

Thanks

stephane_2

CannyJock wrote: »

I think everyone's seeing the thread, they're maybe just thinking that you should take NID's advice and do the groundwork yourself?

If you think you've got a case, then follow the steps. You've nothing to lose and a second opinion doesn't mean you're any more or less likely to succeed.

Time to roll up and the sleeves and get your hands dirty Nobody can do it for you.

Says it all....