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Is MBNA debt enforceable? How get copy of CCA?
hillbilly5
Posts: 70 Forumite
in Credit cards
About 6 years ago my husband applied and was accepted for an MBNA credit card. Everything seemed to be in order.
However about 18 months later, out of the blue, and we are absolutely sure that he never applied for this, but a Childline MBNA Card was sent to him.
In recent months our circumstances have changed and we are on a dmp with cccs. I wondered how can we find out if hubbie did sign anything to get this card and therefore, whether the debt is enforceable?
However about 18 months later, out of the blue, and we are absolutely sure that he never applied for this, but a Childline MBNA Card was sent to him.
In recent months our circumstances have changed and we are on a dmp with cccs. I wondered how can we find out if hubbie did sign anything to get this card and therefore, whether the debt is enforceable?
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Comments
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If he applied for a card, was accepted and received the card and then used it, on what basis would it not be 'enforceable'?
A physical signature is not a legal requirement for a valid credit agreement AFAIK - if you applied for credit and accepted the card, I sincerely doubt that you would have any comeback.
If you're with CCCS then you could discuss it with them for a professional opinion.For where your treasure is, there will your heart be also ...0 -
If the debt is over 6 years old, and there has been no contact with the Credit Card company, then the debt is classed as Statute Barred and is no longer enforcable.0
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We could do with some more info here :
What isn't clear here is how much he used the card ?
What the debt is ?
Has any been paid back ?
When was the last communication from MBNA regarding this card ?
If he didn't apply the card, but subsequently used it then I think he won't have much come back with regard to miss-selling as he effectively accepted the terms and conditions by using the card.
However, the debt may be statute barred and not enforceable if it is over 6 years since last communication.0 -
hillbilly5 wrote: »If he applied for a card, was accepted and received the card and then used it, on what basis would it not be 'enforceable'?
Think you misunderstood - the second card he was sent, he never applied for in any way shape or form - sent completely out of the blue from MBNA!
Sorry, mbna do not just send cards out of the blue to people, it requires a signiture.
In any event you csnt say oh goodie, use the card and then say i never applied for it so i am not paying it!!! madness!0 -
bank_insider wrote: »hillbilly5 wrote: »
Sorry, mbna do not just send cards out of the blue to people, it requires a signiture.
In any event you csnt say oh goodie, use the card and then say i never applied for it so i am not paying it!!! madness!
Like to place a bet on that?? (and I work there!)
Many people have been conned in Airports, concerts etc into "surveys" etc and asked to sign "to confirm" they had - many people didnt have time to read in full - they had a plane to catch.No Longer works for MBNA as of August 2010 - redundancy money will be nice though.
Proud to be a Friend of Niddy.
no idea what my nerdnumber is - i am now officially nerd 229, no idea on my debt free date0 -
bank_insider wrote: »
Like to place a bet on that?? (and I work there!)
Many people have been conned in Airports, concerts etc into "surveys" etc and asked to sign "to confirm" they had - many people didnt have time to read in full - they had a plane to catch.
i'm sure what you say may be true but in any event you do not spend on the card then argue you are not going to pay with your defence being i did not apply in the first place!
Even if people are in a "rush" or advised it is a survey, i would still argue that it is your responsibility to read what you are signing. Not rocket science.0 -
Surely the fact the card has ben used by the person means that the person using the card has accepted the card as being hisNo Links in Signature by site rules - MSE Forum Team 20
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both points i agree with,
but i have known people - not the companies themselves, but the third party vendors they recruit to get such applications filled in just sit at home with a phone directory...... am sure you can work the rest out - stand in an airport, or sit at home with a "book" and still get paid the sameNo Longer works for MBNA as of August 2010 - redundancy money will be nice though.
Proud to be a Friend of Niddy.
no idea what my nerdnumber is - i am now officially nerd 229, no idea on my debt free date0 -
The card just turned up !
OK, I'm willing to believe that could possibly happen as anything is possible, but you were forced to use it were you ? You didn't think to call MBNA and ask why you got the card ? You didn't think to return it ? You didn't think to destroy it ? No, you thought spend spend spend and now you're trying to wash your hands of it.
Just another poster who's unwilling to take responsibility for their actions and avoid paying their debt and in turn make it more expensive for those who will pay their debts.
The stories get better by the day here !0
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