Barclaycard and MBNA Update

SPELLKASTER

I have taken my complaint to the FOS about Barclaycard not given me a true signed copy under section 78!!

They will be sending a letter direct to Barclaycard that this is not acceptable and does not comply.

With regard to MBNA they have failed within the 12 day period to comply under section 78.

I need to wait until 26th November to complain to the FOS about this matter as well.

I wish to thank everyone who has helped to give me advice.

Curr946

The only advice id give you is pay your debt and stop trying to riggle out. This pushes the prices up for the rest of us!

SPELLKASTER

If a lender cannot produce a true signed executed copy of your signed agreement that is not my problem!!

I have had a loss in income and am struggling to make the minimum payments each month.

Its not my fault I find myself unemployed and on benefits its a horrid situation for myself and other people who cant make ends meet.

I was happy to pay my debts until I lost my job.

I just hope that the Financial Ombudsman Service can help sort these lenders out.

TakingControl

I understand about the siutation when one can't make the minimum payments anymore, I couldn't either so instead I made payment arrangements instead.

I did reply to your original post, your CCA request to MBNA, when did you take out the credit card as the compliance and what a lender has to supply is slightly different with old and newer accounts.

Also, just because they can't provide the CCA doesn't mean the debt will go away, until they can comply, they just can't enforce it. And should they find the CCA at a later stage, they will be able to enforce the debt and you might end up with a CCJ at a later stage.

If you are happy to take that risk for the next 6 years.....

SPELLKASTER

Thank you TakingControl for your reply.

I cant remember when I took the MBNA card out I know it was after 2007.

I never have recalled signing a credit agreement for it; maybe thats why they cant provide it!!??

Obtaining future credit doesn't bother me; if I need anything my partner gets if for me then I pay him back for it saves going into more debt!!

If I cant get things sorted out with MBNA, then I will have to look at a Debt Relief Order I might not have an option if MBNA are reluctant to provide the paperwork.

I can prove to the Insolvency I have tried to contact MBNA without success through all letters I have sent.

Being on benefits is a financial struggle at the best of times, I've been trying to look for a job without success even part time not much going!!

Rupert_Bear

SPELLKASTER wrote: »

If a lender cannot produce a true signed executed copy of your signed agreement that is not my problem!!

I have had a loss in income and am struggling to make the minimum payments each month.

Its not my fault I find myself unemployed and on benefits its a horrid situation for myself and other people who cant make ends meet.

I was happy to pay my debts until I lost my job.

I just hope that the Financial Ombudsman Service can help sort these lenders out.

When I was made redundant in the early eighties I owed BC a debt but I was honest with them about my situation and accepted a payment of £1.00 per month until my situation improves. The same with John Lewis.

I eventually found another position and after about 18 months cleared my debts. My reward having my credit cards returned to me.

I;m sure you are the salt of the earth but reading your post makes you sound a very sad and pathetic person.

Do you really want to screw your credit report up for 6 years.

tomuchdebt

I can understand how bad it gets when you are in debt and how much it can effect your life...

Being honest is good and I have always been but most of these companies are not honest.

Is it right to judge others in debt? These places are to help and be none judgemental to others. Are they not?

amorge

SPELLKASTER wrote: »

Thank you TakingControl for your reply.

Obtaining future credit doesn't bother me; if I need anything my partner gets if for me then I pay him back for it saves going into more debt!!

I'm assuming you have NO financial connections, such as bank accounts, mortgage, rent agreements?

If so then your credit history will be linked to his so any future credit applications may be rejected

SPELLKASTER

Our finances are completely separate i.e. no joint bank account etc etc.

udydudy

SPELLKASTER wrote: »

.......
With regard to MBNA they have failed within the 12 day period to comply under section 78.....

I do not think MBNA need to provide true signed copy of your agreement(not sure about Barclaycard), the reason being if you applied to MBNA online they have always (AFAIK) had it on their online applications that you ticking the "I agree" checkbox was electronic signature of you accepting their contractual terms and conditions. so the only thing they need to provide is their last terms and conditions as they apply to your account.

Again AFAIK, as per some recent ruling all card providers need to only provide the latest t& Cs as they apply they do not need to provide a signed copy of the agreement . I do stand corrected if I am wrong on the second part.

I am pretty sure on the MBNA and affiliated cards-I had virgin credit card and I clearly remember and should also have a pdf (which i created when i applied ) which says at the bottom that by ticking the checkbox I am agreeing and electronically signing the agreement.

If you sent in a signed contract then I would think the second paragrapgh above applies.

jo-bo

You would find yourself getting more positive replies if you were at least making an attempt to pay back what you had borrowed. You weren't forced ino getting into debt, they didn't lead you by the hand and say ' hey these limits are a target for you reach, go wild'! Every time idiots like you try to weasel out of paying back what you have borrowed it puts up the price or the rest of us, even people like your partner. I appreciate that you are struggling to pay, but if you spoke to your creditors and made arrangements with them then I'm sure you would feel the benefits in yrs to come, instead of screwing up your credit file for a considerable numbers of yrs. if however you feel like you can't be bothered, then feel free to share your stories with people with the same morals as you, and stop posting your half proved theories on here. I for one am sick of reading about people trying to wriggle out of paying what they owe, you can't be struggling that much as you've just posted that if you want anything, you get your partner to apply and pay him back! How do you do that when you are struggling?!! Remember what goes around, comes around.