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10past6

Andy_one_day wrote: »

Look forward to hearing what others think who have experance of 12 year old MBNA application/aggreements? are they worth the paper they are written on

Andy_one_day wrote: »

In my surprise and haste to get some information in after the 1998 application/aggrement?

An application form “Can” be used as an agreement, PROVIDING it contains the prescribed terms, those being:

Amount of credit
Credit limit
Repayments
Rate of interest

[FONT=Times New Roman, serif]If one or more of the above are missing, then the “agreement” is not enforceable. [/FONT]

Andy_one_day

Thank you for your responce

The application in question does not contain any such information, apart from on the rear of the photocopy, where it lists interest rates as would be applied to different purchases, cash advances, etc. The only thing i could find on the back was a section as below

1. We will from time to time choose the credit limit and notify you of this.


As it is a application, it asks and i detail my earnings ect, at that time in 1998, in order i pressume to set my limit, when it recieves it, so by its own nature the form i sign could never have contained the limit to start, and i have a nagging feeling i have seen a thread regards the limit be notified following recent of application. so by its ommision is this photocopy/application/agreement just a piece of paper which the court cannot rule on if this is all they have, in which case despite all their threats i can just continue to pay them via the CCCS plan.

With all of this in mind, what should i reply to this with? they say i have 7 days to reply and after this the action to recover the debt in full will continue. Is there a template letter here which deals with this, do i send a CCA dispute letter as found here on the site, or is there one which deals directly with the issues i have highlighted above.

I have already made my mind up to send a SAR to see how much paperwork they have on me, considering i have had the card in question 12 years it should be quite a parcel.

Many thanks for your help:)

St0lli

Hiya! Thought I would visit your thread and return the favour! :j

One thing I was thinking about last night was what the first person I spoke to at Optima said (yes I know I shouldn't have rang them) and that was 'Oh we can see that you have a mortgage in just your name and there is equity in the house so we will be looking for a charging order :eek:

What a delightful bunch of people they are.... Never mind the fact I may be the only name on the mortgage but i do have my son who is still at school living with me! :mad:

Gosh I do sound bitter and twisted don't I? I'm off to sniff some lavender oil and do some meditation to calm down now... :rotfl:

St0lli

Andy_one_day wrote: »

With all of this in mind, what should i reply to this with? they say i have 7 days to reply and after this the action to recover the debt in full will continue. Is there a template letter here which deals with this, do i send a CCA dispute letter as found here on the site, or is there one which deals directly with the issues i have highlighted above.

I have already made my mind up to send a SAR to see how much paperwork they have on me, considering i have had the card in question 12 years it should be quite a parcel.

Many thanks for your help:)

Andy I really don't want to panic you but Optima stated 14 days in the letter they sent me but they issued court papers within FIVE days. Have you posted on the Uneforceablity thread? Never In Doubt has lots of good advice and template letters there.

Good luck!:beer:

thewad

Had one of my MBNA cards for about 30 years now and the second one about 25 years and a GM card about 28 years.
Love to see a copy of mine.
Bet even my signatures changed.

John