HELP - CCA advice please

betterlatethannever

Goodluck FYP, MBNA were my biggest creditor and my biggest bug bear before BR, afterwards they were so sweet to me i cried:o had a lovely guy ring me and he ended up wishing me all the best for the future etc. I couldn't believe this was the same company that had been sooo horrid to me for so many months.:eek: they've never contacted me since and all is quiet!

fiveyearplan

rog2 wrote: »

We'll certainly do our best, fyp. :rotfl: I am, currently being 'slated' on the DFW board, for having the 'nerve' to suggest that no cca = no enforceable agreement:

I've been reading that thread. The law is the law and if there was a way MBNA could charge me more I have no doubt they would so if I can find a legal way to get out of paying them why shouldn't I? If I wasn't so hard up financially I probably wouldn't do it but this really will make a huge difference to my family.

rog2

fiveyearplan wrote: »

I've been reading that thread. The law is the law and if there was a way MBNA could charge me more I have no doubt they would so if I can find a legal way to get out of paying them why shouldn't I? If I wasn't so hard up financially I probably wouldn't do it but this really will make a huge difference to my family.

You are absolutely correct to use the law to your benefit, fyp. Certainly MBNA would use it to their benefit if the boot were on the other foot.
MBNA were one of my most awkward and least helpfull creditors and I was in the process of going down the cca route with them when HMRC jumped in and declared me bankrupt.
Good luck

fiveyearplan

I've just got the letter typed up and ready to send to MBNA's registered office I've noticed all their many addresses (apart from payments) are in Chester Business Park anyway.

I know for a fact that my husband did not sign a credit agreement. We both applied for our MBNA cards at Stansted Airport when we were standing in line to check in for our Ryan Air flight. At that time we had no idea if we would be approved and certainly no idea what our credit limit would be. After that our cards came in the post with our respective credit limits. Despite both of us earning the same salary etc. my limit came back £2,900 and his £7,000.

Anyway, what happens if they scan his signature onto a credit agreement? Does this happen often and how can we prove it isn't his original signature?

rog2

fiveyearplan wrote: »

Anyway, what happens if they scan his signature onto a credit agreement? Does this happen often and how can we prove it isn't his original signature?

It is always best to sign the name differently, or even just print it, when asking for a cca. It has been known for signatures to be 'scanned', but if you think that this is indeed the case, then you can always dispute it as not being a genuine signature - the 'original' document would, then, need to be produced to disprove your allegation.

fiveyearplan

I'm back from the post office having sent the letter recorded. Now just waiting for 21st January!

stapeley

Thankyou everyone for your response , i now have to wait another 17 days! good luck .

debt_doctor

Hi, Rog2,

Just given you a bit of support on that thread !

DD

rog2

debt_doctor wrote: »

Hi, Rog2,

Just given you a bit of support on that thread !

DD

Thanks d-d. It is becoming obvious that the scavengers that inhabit the lowest depths of the debt collection industry are increasingly worried about the effects that advice from forums like this is having on their 'previously' easy pickings.

Happy New Year to you, and long may the CAB continue its sterling work.

fiveyearplan

Ok - got a reply from MBNA 'thank you for your request; I can confirm the following are enclosed copy of the original credit card application, terms and conditions and recent statement (the recent statement is from November and there was a payment on it).

It is definitely the application that was filled out by the representative at Stansted Airport and signed by my husband. There is even a place where he had to initial 'I understand that this is an application for a credit card. Of course it doesn't have the credit limit, rate of interest etc.

What do I do next?