Capquest and MBNA

[digitalise]

Could anyone tell me how to tell if a MBNA credit card agreement is unenforceable?

MBNA classed me as a special case 2 years ago and only asked for token payments as and when I could afford them.
But now they have passed my account onto Capquest, I asked, and received, for a copy of my agreement which was from
1992, but someone said that it may be an unenforceable contract, how can I tell?

[warwick65]

Re: Capquest and MBNA

Hi
I think there may be lots of issues with a debt owned by Capquest and originally from MBNA

1) the CCA request may be difficult to fulfill
2) The agreement may well not be compliant but that depends on if you have any recall about what you signed (if anything) and how it was opened
3) The assignment may be a problem, did it go from MBNA straight to Capquest or did it go through other debt purchasers as well

I think the first step would be to send a S78 request to Capquest and see what that shakes out

[digitalise]

Re: Capquest and MBNA

Hi
I think there may be lots of issues with a debt owned by Capquest and originally from MBNA

1) the CCA request may be difficult to fulfill
2) The agreement may well not be compliant but that depends on if you have any recall about what you signed (if anything) and how it was opened
3) The assignment may be a problem, did it go from MBNA straight to Capquest or did it go through other debt purchasers as well
I think the first step would be to send a S78 request to Capquest and see what that shakes out

Hi, Thanks for replying

The way I understand it is that MBNA have passed my account onto capquest directly to manage my account? There is no reference to having it sold on, which I find strange. But it has definitely gone directly from MBNA to capquest. I requested a CCA copy of my agreement with MBNA through capquest and it came a couple of days ago about a month after requesting it, but I do not know if it is an enforceable agreement. Is there anyway I could post it here for advice? Thanks

[Amethyst]

Re: Capquest and MBNA

Yip redact your personal details from it and post as a picture ( under GO ADVANCED under quick reply - then the paperclip to attach )

Theres a few on http://legalbeagles.info/forums/foru...ements-Library so you can see other examples of cca responses.

[warwick65]

Re: Capquest and MBNA

Hi
If you want to post what you have ( remove any personal details or barcode/QR codes ) If you have a problem email it to kati@legalbeagles.info with a link to your thread

If it was a CCA request with the fee it should include:

A copy of ( or a reconstituted copy of) the agreement you would have signed
Terms and conditions at inception
Terms and conditions at default ( or current of not defaulted)
A statement of account- that can just be a signed letter saying as of xx/xx/xx your outstanding balance is £xxxx.xx

Of course only a court can say if the CCA request is compliant or if you did not sign a compliant agreement but you can get a good idea

MBNA have had some problems in the past with CCA requests in the past - they certainly did with mine ( well it wasn't them, it was the people they sold it to and then the people who bought it next)

The idea is to keep it away from court if at all possible but touch wood I have kept them all that way

[digitalise]

Re: Capquest and MBNA

Thanks,
This is all I received after my cca request along with my £1 fee

page 1.jpgBackpage.jpg

[MIKE770]

Re: Capquest and MBNA

PPI ticked yes on this one

[digitalise]

Re: Capquest and MBNA

PPI ticked yes on this one

Hi, Yes when I took out the card I ticked the box, about 6-7 years ago I cancelled it, then 2 years ago when I had to default I claimed direct through MBNA and got about £180 back..

[warwick65]

Re: Capquest and MBNA

A couple of points that stick out
1) It is not legible but that may be your copying/scanning . I am having difficulty reading it
2) If this was a CCA request with the fee, where are the defaulted terms and conditions- those certainly aren't them
3) Where is anything that says what the outstanding balance is

Are you still making token payments?
How much is the outstanding balance- rough;y - is it hundreds , a few thousand, over 10,000

If Capquest hassle you, you could write back and just say what they sent does not fulfil your S78 (1) request and therefore it can not be enforced .

Of course don't tell them what they have missed or what is wrong or they might just put it right

A question, you obviously filled in an application form- can you remember was that say in a magazine, a mail drop, were the terms and conditions with it or were these sent to you at a later date
As it stands I can see nothing to link the terms and conditions to the application form

I think one of the well known cases may have involved an MBNA card from many years ago but I can't recall what is was.

[warwick65]

Re: Capquest and MBNA

The case i was thinking of was actually a barclaycard and is HFO capital v Wegmuller but it might be relevant.

Have a google and see what it says

[digitalise]

Re: Capquest and MBNA

Hi
Have you tried clicking on each image? that will enlarge them slightly, if not I could scan them differently so they were larger.
This was a CCA request with £1 postal order sent.
The outstanding balance is £11,100 and is stated on Capquests initial letter to me, (can I request a statement of payments and interest payments as I have not had one for years)

"If Capquest hassle you, you could write back and just say what they sent does not fulfil your S78 (1) request " Is that the ref for the CCA request?

I made a few token payments, £5 and £10 over the 2 years.

I think it was a mail shot that I received but as it was in 1992 I cannot remember the details, medications I am on do not give me a very good memory long or short term unfortunately.

[warwick65]

Re: Capquest and MBNA

Well in one respect as it is such a large sum, should they issue a claim you will be able to use a no win no fee solicitor to defend if you can find one. They would look at your case and if they take it on and win, the other side pays costs, if you lose well you have a ccj!

How you deal with it depends on your circumstances and is up to you.
[MENTION=87380]Diana M[/MENTION]
If you need a solicitor you can look at find a lawyer at the top of the page.

I know, I sometimes forget what I did yesterday and chose to forget what I did 25 years ago

[digitalise]

Re: Capquest and MBNA

S78 (1) request " Is that the ref for the CCA request?

I do not want a CCJ so would it be a possibility of paying £10 a month as I can not afford to pay any more at this time.

[digitalise]

Re: Capquest and MBNA

S78 (1) request " Is that the ref for the CCA request?

I do not want a CCJ so would it be a possibility of paying £10 a month as I can not afford to pay any more at this time.

Could anyone answer the above, and does anyone know if this quote is still correct.

• "However, under the law, a credit agreement is only binding if it is a single document that has been signed by both parties and contains all the prescribed terms. "
  
  
  

[warwick65]

Re: Capquest and MBNA

S78 (1) is a cca request.

As for making a payment plan only you can decide that but it doesn't prevent them at some point applying for a ccj.

If you think it's unenforceable why pay?

You say MBNA classed you as a special case, without being too nosey in what way are you special?