Help needed with court claim issued by DCA regarding old MBNA credit CardI wonder if

[red6two]

I wonder if the learned amongst you can help me with the following.
It is regarding a credit card I took out with MBNA in August 2000. It was assigned to a DCA and the DCA has issued a claim against me.
For as back as I can remember whenever I have asked MBNA for a copy of the executed agreement they have supplied the following documents, copies of which I have attached.
1. Signature form
2. T&Cs of credit agreement
3. Financial and related conditions
4. Latest T&Cs
When I took out the card, I called MBNA, my details were taken over the phone and a pre-populated application form was then sent to me in the post. I signed it and returned it. I don’t ever remember receiving the two documents (2 & 3) above - T&Cs of credit agreement and Financial and related conditions.
Both MBNA and the DCA have insisted they relate to the same account and that the document (4) Latest T&Cs were the current ones for the account.
A few months ago I applied to have the claim struck out on the basis that the prescribed terms were missing and that the default notice was invalid as it made reference to a non-existent condition. This is really obvious when the documents are checked and cross referenced.
I pointed out the following and mentioned Wilson and another v Hurstanger Ltd (1) Condition 3 refers to non-existent condition 2.4. (2) Condition 4B refers to non-existent conditions 2.4, 3.5 and 3.6. (3) Condition 5 refers to non-existent condition 2.1 (4) Condition 5a refers to non-existent condition 2.1 (5) Condition 5c refers to non-existent condition 13.1 (6) Condition 8 (APR) refers to non-existent condition 1.11 (7) Condition 9 refers to non-existent condition 1.8 (4) Condition 13a refers to non-existent condition 2.1 (5) Condition 13b refers to non-existent condition 13.1 (6) Condition 15 is misleading I also pointed out that in the document I signed there isn’t a term stating the credit limit or the manner in which it will be determined or that there is no credit limit.

The judge didn’t strike out the claim as she claimed I hadn’t convinced her enough!!
Now as the matter stands, the claim will be heard sometime next year. In the mean time, I have successfully claimed back PPI on the account. I am now disputing the default notice on the basis that as MBNA debited PPI premiums without my authority the figure quoted in the default notice is incorrect and invalidates the default notie. The fact that they refunded the premiums without much of a fight is confirmation of this. For this I will be relying on the WOODCHESTER LEASE MANAGEMENT V SWAIN judgement.
However a couple of days ago the DCA sent me a new set of T&Cs (headed t&cs just supplied) in the attachments. They now claim that these are the T&Cs that were applicable to my credit card when I first took it out. As you can it is illegible but all the missing prescribed terms seem to be there.
Where do I stand with this? If they were T&Cs should they be headed Credit Agreement regulated by the CCA 1974?
It just seems a little too convenient that after I raised the above points they are able to produce a document addressing all the missing prescribed terms.
Can anyone help me with and offer some advise as to how to challenge them on this.
Many Thanks

[red6two]

Re: Help needed with court claim issued by DCA regarding old MBNA credit CardI wonder

Attached here are the T&Cs which I received a few days ago and the DCA is claiming were issued when I first took out the card

[Kafka]

Re: Help needed with court claim issued by DCA regarding old MBNA credit CardI wonder

I don't have time to look in detail just now, but that Default Notice is demanding that you repay the whole balance on the account rather than the amount of default, ie the outstanding payments. Is that correct?

What was the actual amount in arrears when the default notice was issued?

When you say the DN figure is wrong because of PPI, had the PPI payments taken exceeded the actual arrears at that time?

[Amethyst]

Re: Help needed with court claim issued by DCA regarding old MBNA credit CardI wonder

Look at paragraph 4 (b) of the Financial and related conditions, also para 13. They refer to terms that do not exist.

They have sent the wrong terms for the account. Those terms are for another application that had clauses 1 and 2 on the signature doc then continued on the T&C doc.

[Amethyst]

Re: Help needed with court claim issued by DCA regarding old MBNA credit CardI wonder

Attached here are the T&Cs which I received a few days ago and the DCA is claiming were issued when I first took out the card

Ahhh these are the right terms, unfortunately.

[red6two]

Re: Help needed with court claim issued by DCA regarding old MBNA credit CardI wonder

[QUOTE=Kafka;487050]I don't have time to look in detail just now, but that Default Notice is demanding that you repay the whole balance on the account rather than the amount of default, ie the outstanding payments. Is that correct? Yes they demanded the whole balance

What was the actual amount in arrears when the default notice was issued? Sorry, I don't have that at hand, I'll have to look for it.

When you say the DN figure is wrong because of PPI, had the PPI payments taken exceeded the actual arrears at that time? Potentially, I'll check that and post

[red6two]

Re: Help needed with court claim issued by DCA regarding old MBNA credit CardI wonder

Ahhh these are the right terms, unfortunately.

But as the DCA mentioned in the covering letter, they have just been made available by MBNA.
Also, I was under the impression that the prescribed terms and signature had to be on one page and couldn't be found in another document. Can the document they sent me be treated as terms and conditions, bearing in mind it is headed as a credit agreement?