cca x 4

never-in-doubt

OHNOANOTHERDFW wrote: »

and here it is!

http://i802.photobucket.com/albums/yy308/billymbna/mbna111scan.jpg

This is unenforceable, without reading the text! There is no lender signature, no limit, restricted prescribed terms and also it is an application form.

HOWEVER, if it was post April 2007, then you cannot utilise s.127 as it was repealed so unfortunately you need to consider a repayment plan. You can try and blag it but MBNA are quite clued up (they were actively involved in the recent Carey v HSBA test cases) and they will know that s.127 cannot be utilised (see my sginature below for the meaning of s.127)....

OHNOANOTHERDFW

thanks dark,

i have saved now as a PNG, its better but still rubbish, the text is so small I dont think any decent scanner, or pc wizardy will help here...

any good at all?
http://i802.photobucket.com/albums/yy308/billymbna/mbna111scan-1.png

OHNOANOTHERDFW

Hi never no this was 2006

when you say no lender signature - do you mean mine as the applicant, I have blocked it out rather than post on public forum, I am happy its my signature

I agree there is no credit limit, but would there be on what is I think my application? (i.e dont they tell you how much you have got later once they have credit scored you and the like)



They have sent me another form as well which is entitled CREDIT CARD AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT , its not signed and again doesnt have a credit limit, but does have apr, details on charges for missing payments, and interets calculating methodology, and provides a right to cancel. I have been making payments without fail for over 18 months on a DMP with CCCS, would this mean i cant go down the uneforceability route?

Many Thanks

DarkConvict

The big box at the top is the lender signature isn't it?

The 1st part, key finanical information looks to include repayments.

It does not look like an application form, it only requires a signature, not a name,address, contact details etc.

The only thing i see missing is the credit limit, but this wouldn't make it unenforceable - http://forums.moneysavingexpert.com/showpost.html?p=30356225&postcount=18

OHNOANOTHERDFW

hi dark,

the top box on the left has my address printed on it (bit like the ones that then go in a windowed envelope)......the top right box I signed and dated.

it does give an example of how debt is calculated - I quote if you immediately borrow £1500 and pay it back in equal installments, your total charge for credit under this agreement would be 273.71 not including the £1500, before going on to talk about interest on transactions and balance transfer charges etc etc

never-in-doubt

DarkConvict wrote: »

The big box at the top is the lender signature isn't it?

Nope - cardholder name and address...

DarkConvict wrote: »

The 1st part, key finanical information looks to include repayments.

Illegible copy mate

DarkConvict wrote: »

It does not look like an application form, it only requires a signature, not a name,address, contact details etc.

It is the reverse of an MBNA application....

DarkConvict wrote: »

The only thing i see missing is the credit limit, but this wouldn't make it unenforceable - http://forums.moneysavingexpert.com/showpost.html?p=30356225&postcount=18

I know - WE wrote that guide! :rotfl: :rotfl:

OHNOANOTHERDFW

this is weird

on the back of the piece of paper, in a totally different font and size of font, I have just found the following.....

Your credit limit is £5000
Reference number xxxxxxxxx

and a bar code like you get on products in a supermarket

?????????????????????

never-in-doubt

OHNOANOTHERDFW wrote: »

this is weird

on the back of the piece of paper, in a totally different font and size of font, I have just found the following.....

Your credit limit is £5000
Reference number xxxxxxxxx

and a bar code like you get on products in a supermarket

?????????????????????

Yea, that is a reconsititued bit.... if this was taken out in 2006 then it is unenforceable, no question about it. In my humble opinion, of course.

You "should" respond with this: CCA Query

OHNOANOTHERDFW

never, thank you.

Your advise and knowledge is much appreciated, once the letter is sent what course of action are they likely to take

I mean, assuming they dont write back and say fair enough we agree, will they ask me to articulate which bit falls foul of the regulations, or perhaps state they disagree and intend to pursue thorugh the courts etc etc?

never-in-doubt

OHNOANOTHERDFW wrote: »

never, thank you.

Your advise and knowledge is much appreciated, once the letter is sent what course of action are they likely to take

I mean, assuming they dont write back and say fair enough we agree, will they ask me to articulate which bit falls foul of the regulations, or perhaps state they disagree and intend to pursue thorugh the courts etc etc?

They will write back saying they disagree and issue a final response, you then post back and i'll post up the reply to send them...

They will not take it to court, if they do we can stop it and if they do anything sneakily we will get it set-aside...

Just send that letter and see what they come back with.