MBNA Cant Provide CCA

Monkeychops_3

MBNA are saying that although they can't provide a copy of the agreement you are still liable for the account-stating that the decision in the case of Mc Guffick v RBS in October 2009 sets the precedent. This case confirmed that even where the credit agreement is not available, the cardholder remains under an obligation to make payments on their account....

So they are not going to void this contract. They have sent your complaint regarding the recent change in your minimum payment to a different area to be reviewed.

I appreciate they have not referred to the PPI query, I would perhaps speak to their centralised complaints area, the CUstomer Advocate office to chase this.

happy_bunny_2

rich_brown wrote: »

It was prior to 2009 they kept hiking the rates and I dont have any old statements that I know off (all got lost in a move)

I had this with MBNA, they gave me a 5K limit, I used it then they jacked up my rate over a year until it was 30%. As it was before Jan 09, no opt out right.

However, if you send them a formal complaint about unfair rate jacking on an existing balance you may get somewhere. I did this with MBNA and Marbles. They both rejected my complaints so I went to the FOS.

I received a few hundred quid back from MBNA and a reduced rate to 26% as long as I closed the account to spending.

I had a much better result with Marbles in that the FOS refunded 5K of interest and got my rate cut in half.

If MBNA had not been my first FOS experience, I would have held out for similar to Marbles, but i reckon the MBNA folks are trying to get away with whatever they can as with the FOS not all the adjudicators can get the same result in my experience.