Help with MBNA CC CCA please!

CannyJock

fry wrote: »

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.

Nah, you're picking me up wrong. I'm not having a dig for you asking for a second opinion, but when it comes to things like this you need to go with your own opinion.

I've had occassions in the past to pay very expensive lawyers over some legal battles and it's a source of frustration that they won't/can't give you a straight answer and tend to play it safe. It's only been at my insistance that they've done as they were told, and the results have always been better than they would have achieved.

So if you've looked over the criteria and you think you're right then go for it.

fry

stephane - I agree to a certain extent that I should have checked BUT a credit limit is just that.....a LIMIT!! My card should have been declined if I did not have the funds available NOT allowed to go over. On that score I hold mbna responsible!

cannyjock - I understand what you are trying to say but in a situation like this your choice would be NOT to ask anybodys opinion and I'm sure everyone would be fine with that. My choice was to ask for an opinion because that's my choice. Lets look at it a different way...

You have a problem, you're pretty certain what you want to do about it but think it's wise to check with someone who may have had experience. You decide to go to, for example, the CAB for this help. You go there, and they tell you to make your own mind up about it and they can't help because their opinion won't help you!!

Imagine that, and imagine what your opinion of these people would be.........be honest!

Anyway, a new question...

Does anyone know of another forum that deals with this type of thing???

Just in case anyone out there can/does want to have a look at my document for me (without worrying about giving an opinion which I will accept with no obligation) please get in touch by PM and I'll send it to you and pay you for doing so.

Thanks

bert&ernie

fry wrote: »

Does anyone know of another forum that deals with this type of thing???

http://www.consumeractiongroup.co.uk/forum/

Eydon

fry wrote: »

stephane - I agree to a certain extent that I should have checked BUT a credit limit is just that.....a LIMIT!! My card should have been declined if I did not have the funds available NOT allowed to go over. On that score I hold mbna responsible!

Playing devils advocate, but MBNA can't be held solely responsible for you going over your credit limit. Not every transaction goes online for authorisation (out of MBNA's control), and in these circumstances MBNA will only know about these transactions when the merchant's terminal polls for settlement.

never-in-doubt

fry wrote: »

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

I still can't believe my thread only got 2 thanks haha (http://forums.moneysavingexpert.com/showthread.html?t=1868507)

Fry mate, I think you're mis interpreting what I originally posted and also what canny is saying in that the prescribed terms are there in black and white (well some red as well) and to be honest if you look at the terms required against the CCA you'll know if they conform or not - its soooo easy and to be honest if they do its a hard pill to swallow but unfortunate.

So have a look again (here:#1) and in a nutshell you need to establish:

1. Does my agreement have terms B (repayments),C (interest) & D (credit limit)?

- If not then the prescribed terms are not valid and so you'd send the CCA Request Query Letter letter in part 4 of this post: 1

- if so, then you can't really do much.

Make sense now?

Regards to money - we are not motivated by money, we will help for free but seriously there are some things we simply cannot help with. In this case, you need to check that your CCA has one of the 3 points above in each corner or certainly on the agreement and chances are the Credit Limit will not be there or part of repayment allocation will be missing. Have another look and double check it (hint: usually 'e' is missing!).

Good Luck

fry

Hi All and thanks bert&ernie for the link

Call me naive eydon but I did not know that all transactions are not checked, however now knowing that I still think it is mbna's responsibility as it isn't my choice not to check every time! In that situation the card should have been declined the NEXT time it was used, now that would be fair

Hi again never-in-doubt, I can't believe you have only 2 thanks, it was a fantastic thread IMO!!!
I will have another look again but it might be that my poor tired old brains simply cannot be sure. I'll post back!

dorisday

Hi there, so sorry some folks on here must be having a bad day. Try the penalty charges forum where you can upload your docuements and some helpful person will give you some idea as to whether its enforcable or not.

fry

Thanks Doris, I'm glad it's not just me! I must admit that although there has been a lot of help in the information department I was surprised at the lack of 'personal' help. I'm the sort of person that needs a 'bolster' from another human rather than just myself. I've always been like that so if that's a bad thing I guess I'm stuffed!

That said however I am going to re-examine the agreement I have as I said above but I'm not confident of the outcome.

Thanks again

never-in-doubt

fry wrote: »

Thanks Doris, I'm glad it's not just me! I must admit that although there has been a lot of help in the information department I was surprised at the lack of 'personal' help. I'm the sort of person that needs a 'bolster' from another human rather than just myself. I've always been like that so if that's a bad thing I guess I'm stuffed!

That said however I am going to re-examine the agreement I have as I said above but I'm not confident of the outcome.

Thanks again

Fry I gave you personal help and spelled out the bits for you. Unfortunately I personally have not got time to check peoples agreements, I do however spend a lot of time doing letters etc for other people to get defaults removed and arguing if the prescribed terms are wrong, but then again the user has to do the legwork....

All we've asked, which is a simple request, is to check the agreement you have for look for the points made above;#16

Repayments, Credit Limit & Interest. If these are mentioned within the agreement then it's likely to be enforceable. If one is missing then come back again - failing that upload the agreement, cut your name/address out and post an image here then ask us to check them for you!

If you need help we will give it but you do have to start the process yourself :beer:

p.s. as already hinted above, it is rare for MBNA to have the prescribed terms intact so check again!

fry

Hi never

I'm sorry, I didn't mean to offend, my head just isn't in it's normal place at the moment so I guess I'm a little emotional

I will look at the agreement again but I might have trouble posting an image as I didn't get the option in my first post...

Will let you know