Breach of Consumer Credit Act

rsbc57

Hi Guys

Around 1997 I took out two MBNA credit cards that were advertised in an A5 sized flyer within a magazine. At the time they were giving away a free gift as an incentive.

I read somewhere recently that MBNA had been taken to court for a breach of the consumer credit act as they had not supplied a complete set of terms and conditions relating to the cards due to the size of the original advert.

The actual terms and conditions they should have supplied covers several A4 sheets.

Can anyone advise on whether this is true or not. I believe the person that took them to court won his case.

Buzby

The T&C's could never have been disclosed in the advert, only the terms for the free gift. In sending you the cards, they would have supplied a copy of the current terms, then regularly as they were changed end updated as time went on.

What you describe belies belief!

Fruit_and_Nut_Case

Buzby wrote: »

What you describe belies belief!

Well, it is a first-time poster so that's quite standard.

rsbc57

I requested copies of the original paperwork.

I received a copy of a signed contract for one card and two copies for the other card.
One of these copies was blank and the other was signed.
When I queried this I was told that the blank copy was illegible and they had to "reconstitute" my signature on the second document. I presume they copied the first signature over. I was told this was legal.

They also included a copy of a recent full set of T+C that extended over several A4 pages.

It is my understanding that the Consumer Credit Act states that a Full set of T+C should be supplied before you sign a contract so you can read and understand the contract you are signing.

It was a case of signing the magazine flyer and returning it to the company to receive the card.

YorkshireBoy

rsbc57 wrote: »

It is my understanding that the Consumer Credit Act states that a Full set of T+C should be supplied before you sign a contract so you can read and understand the contract you are signing.

The same Act gives you a 14 day cancellation period, after receiving the T&Cs (which you did...appended to the card).


Just out of interest, how much are you looking to get written off?

redpete

Did the alleged lack of Ts&Cs bother you at any time in the last 16 years when you were happy to use the credit they offered you?

Johnnytwostep

Few questions:
What do you want from them?
How much do you owe them?
How much of said amount are you trying not to pay back?

rsbc57

It's not a case of getting the debt written off. It's a case of highlighting a potential problem that may be affecting hundreds of people.

I see from another posting I am being condemned for being a newbie. I may be new to this forum.
If no one highlights these problems we will continue to have the "men in suites" forcing PPI and Credit Crunch's on the public who are constantly in pursuit of a fiat currency.

nidO

You're not getting grief for being a new poster, you're getting grief for being a new poster posting a thread that basically reads as "i've had credit for years and years and now want some compo/a debt written off and think i've found some microscopic loophole that might apply to me and demonstrate how terribly unfairly i've been treated for the past 16 years".

If that's not the case then fine, but its how your thread reads.

If MBNA have been able to supply you with copies of the agreement you signed and they provided a copy of the T&C's to you at the time you received the card I don't think there's any major problem there.

yangptangkipperbang

rsbc57 wrote: »

It's not a case of getting the debt written off. It's a case of highlighting a potential problem that may be affecting hundreds of people.

Gosh ! I am SOOOO grateful to you for your concern for the rest of mankind............................

...........pay off what you owe and don't try and offload the debt YOU built up onto other people - if you think you have a case, waste some more money on a lawyer - then see if you can write that debt off as well :rotfl::rotfl:

rsbc57

yangptangkipperbang wrote: »

Gosh ! I am SOOOO grateful to you for your concern for the rest of mankind............................

...........pay off what you owe and don't try and offload the debt YOU built up onto other people - if you think you have a case, waste some more money on a lawyer - then see if you can write that debt off as well :rotfl::rotfl:

This is supposed to be a professional financial advice site to help people that may have problems with their finances.

I suppose you make the same comments to all the hundreds of people who have claimed back PPI and all the people that have had their pension funds savaged. That is coming out of your pocket as well so enjoy.

I really hope Martin Lewis realises the asset you are to his business. :beer: cheers