Unenforcable Debt-HELP REQUIRED

Tartanjohnny

UNENFORCABLE DEBT
Please can somebody help? I currently hold a Credit card with MBNA and I followed the forum advice and requested a copy of my CCA.
MBNA much to my surprise complied and returned some paperwork which they claim is my CCA. What they have returned to me is part of an application I completed on-line whereby a box was ticked as a signature. My first question is
Q. Does a ticked box count legally as a signed CCA, or does a CCA require a written signature.
MBNA also attached some information in the form of FAQ advising meme what will happen if i stop paying, which basically stated the debt is mine and there is nothing I can do to change that fact. They also attached some small print which appears to be a separate document entitled Credit card Agreement regulated by the CCA 1974. This document does appear to contain all the pertinent information required.
I suspect when I applied for the credit card I completed a credit card application, with no written signed agreement.
MBNA have obviously been inundated with requests for CCA’s and they have jazzed up an application into an agreement by attaching other paperwork so it looks like they have complied fully with the act.
Q. Under these circumstances do I have a case for the debt being unenforceable?
Q If I do have a case what is my evidence and how do I proceed?

Hope this all makes sense this is my first post I am new to all this

ILW

What is your reason for stating that the debt is unenforceable?
Not clear in your post.

fermi

As far as I remember..............

Since the Consumer Credit (Electronic Communications) Order 2004 came into force at the beginning of 2005, CCAs completed and verified (via a tick box) online after then are valid and enforceable.

So a creditor should still be obliged to comply with a CCA request, but to be enforceable in court any such online agreement does not have to bear your actual signature.

michaelvintner

You borrowed the money, pay it back. Stop trying to wriggle out of it.

I did the same thing, I never signed a thing with MBNA but as I borrowed their money I intend to pay it back.

If I hit trouble in the future then I will get onto them to try to come to an arrangment.

Why do some people want to have their cake and eat it, then get another cake but not pay for it.

stfc

Pay what you owe!

Tartanjohnny

Thanks for the replies. Like many people I’m just seeing if I can take advantage of legislation to try reduce my debt, Since taking the credit card with MBNA they have pushed the Interest rate up from 15.9% to 29.9%.

I complained the Ombudsman and MBNA offered me £695 off my debt and proved to me they take advantage of rules and regulations to make money. I just wanted to do the same to benefit me. It seems many people have used the CCA 1974 to have debt reduced I had hoped to do the same.

Susie56

A BUSINESSMAN who had his credit card debts made unenforceable has waded into the consumer credit debate.
A dozen test cases were heard last week in Manchester to establish what obligations lenders have when trying to press for repayment of unsecured debt.
Banks were trying to claim they should be exempt from certain parts of the Consumer Credit Act, such as providing a copy of terms and conditions.
But Paul Collins, 47, says banks should not be given an easier time. He was harassed by debt collectors chasing a £2,700 balance on his credit card, money which he had used to give cash flow to his flooring business, which had hit hard times. Mr Collins received daily phone calls and letters asking him to pay up, which, although perfectly legal, put him and his family through trauma. They also threatened to repossess his home.
He successfully saw off the credit card company after challenging the debt with MSB Solicitors, who are also handling one of the 12 cases in Manchester.
Mr Collins, who was receiving cancer treatment at the time, told LDP Legal: “They were aware of my condition and at no time was I allowed to make a small payment to keep things going. They were relentless.
“You’ve got to experience it to realise how much pressure they put you under.
“I hope that they don’t win. God forbid they do. In my mind, if that actually happened, it would be economic meltdown because there’s so many people in debt you would see people on the streets.”
Mr Collins had his debts declared unenforceable in June. He was represented by MSB’s head of consumer credit, Joanna Connolly.
Of the cases in Manchester, Paul Bibby, MSB’s managing partner said: “This is not about people trying to evade paying money that is owed, it is about making sure lenders, large, sophisticated financial institutions organisations, comply with legislation laid down by Parliament for the protection of the consumer.
“The financial penalty laid down by Parliament for their failure to comply with the legislation is that the lenders with the legislation lose the right to enforce the agreement.”
Mr Bibby also said he is optimistic his firm’s case – Carey v HSBC – will succeed. A judgment is expected before Christmas.

never-in-doubt

Susie56 wrote: »

A BUSINESSMAN who had his credit card debts made unenforceable has waded into the consumer credit debate.
.

Please stop spamming the threads with this :mad:

You're duplicating a link already posted! #110

http://www.liverpooldailypost.co.uk/liverpool-news/regional-news/2009/12/08/ldp-legal-businessman-who-had-credit-card-debts-made-unenforceable-wades-into-the-consumer-credit-debate-92534-25342593/

Susie56

Just making sure that members see it and it isn't buried away ................think it is an informative article;)

never-in-doubt

Susie56 wrote: »

Just making sure that members see it and it isn't buried away ................think it is an informative article;)

But it is not, and has nothing relevant to do with anything. One more consumer victory, that's all it is! I don't get why you're posting about it when there are 100's and we don't sit here and list them all and start quoting from each case!

It was already mentioned a while back, so was McGuffick and so was Wilson and so was the other high impact names..... however these cases mean nothing, until judgement is passed round the 7th Jan everything is on hold (technically).

If you have good advice then great, but please don't spam the forums as this will not make you many friends..... Also not a good idea to try and chastise the people that have been doing this for quite a while - successfully too I must point out! :rolleyes:

Susie56

never-in-doubt wrote: »

But it is not, and has nothing relevant to do with anything. One more consumer victory, that's all it is! I don't get why you're posting about it when there are 100's and we don't sit here and list them all and start quoting from each case!

..... however these cases mean nothing, until judgement is passed round the 7th Jan everything is on hold (technically).

Actually it is going to be early February before the official judgment is handed down - but if you want to think its early January please carry on