MBNA > Arrow Global > Yuill and Kyle - SCOTLAND

[Amethyst]

Re: MBNA > Arrow Global > Yuill and Kyle - SCOTLAND

This one?

• agreement from mbna-b.pdf (177.7 KB, 8 views)

OK, so Y+K have come back with a copy of a 'signed agreement' and a copy of the terms and conditions...

Need to post the terms up too xx Cross ref any mention of particular phrases on the agreement to the terms to make sure they are the right ones. Interest rate and repayment terms etc should be in there too.

( and yes application forms are most capable of being agreements )

[stressball]

Re: MBNA > Arrow Global > Yuill and Kyle - SCOTLAND

Amethyst,

here it is again, along with the terms they sent. Someone pointed out to me that these terms mention £12 fees, which didn't actually come into use until 2006? But the agreement is 2001. This is all they have. They also, and deliberately so, served the writ incorrectly, by not supplying a copy of the agreement with the writ - this is a requirement, as part of the Act of Sederunt Ordinary Cause Rules. At a Motions hearing, the Sheriff seemed to think they were out of order bringing this to court without having the paperwork they actually rely on to prove their case.

Y+K have been in touch pushing for a settlement offer. I REALLY don't think they have a case and are trying to come up with something. We've told them that we are happy for them to simply drop the case, and we won't seek any compensation fees, but if it goes any further then this won't be the case. But they're just having another stab.

Ideally, I'd LOVE to go back to them and quote a piece of the Consumer Credit Act that states that this agreement, and the terms that they have supplied, are nothing more than toilet paper, and if they want to take this further, we will be seeking all possible fees against them - fingers crossed someone can help with that!

[Amethyst]

Re: MBNA > Arrow Global > Yuill and Kyle - SCOTLAND

It also mentions the Financial Conduct Authority .... so is at least 2013

I think those are there terms at the time of default, as opposed to the terms at inception, so wouldn't qualify as being part of the original agreement.

[Amethyst]

Re: MBNA > Arrow Global > Yuill and Kyle - SCOTLAND

78 Duty to give information to debtor under running-account credit agreement.

(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—


It does say ' I accept and agree to be bound by the Conditions of Use set out overleaf' ... therefore those terms should be included... as they should have the interest rates etc in too.

[stressball]

Re: MBNA > Arrow Global > Yuill and Kyle - SCOTLAND

I'm guessing that the 'overleaf' is essential in making this into a properly executed agreement? And without it it's worthless? Their 'reconstituted' terms fall far short of the mark, if they're not for the original year!

What should I do now? Give them one last chance to capitulate and drop the action, or we will proceed to court, with the aim of claiming all possible costs, at the expense of their client?

Is there any particular piece of the Consumer Credit Act I should quote to them, in order to reinforce this?

[ScottishSolicitor]

Re: MBNA > Arrow Global > Yuill and Kyle - SCOTLAND

Yes sorry its part being lazy; part being too busy with work but I am a Scottish litigation solicitor so feel free to pass something by me