MBNA .. agreement or application ??????

[unluckyjim]

Hi guys, I sent a DSAR to MBNA just to to see what info they have on me, anyway they sent 3 a4 size sheets purporting to be my credit agreement, looks to me as if its been blown up /enlarged from a very small copy of an application document, and points out that only sections 1-3 terms and conditions and says to click on top of page to view rest of terms and conditions ?????
all very odd, just wondered if any one can have look over this ... it just looks a bit iffy does not look like a compliant credit agreement, CHEERS MANY THANKS

[unluckyjim]

this was done online, mbna insist this is my credit agreement, would this stand up in court, as a compliant consumer credit agreement ?

[unluckyjim]

how do you out this in " mbna historic agreement library "

[unluckyjim]

Hi guys , mbna insist this is my credit agreement, would this stand up in court, as a compliant consumer credit agreement ?

please let now what you think.

[echat11]

It has general information and guidance on APR's, Credit Limits etc, but does it state the APR, Credit Limit etc applicable to you at the time the agreement was taken out?

Also if the Terms and Conditions has been 'varied' they haven't provided them (have they?)

Celestine

[Celestine]

The box for Lifestyle Protect is ticked, so they should supply the T&Cs for that product as well.

Looks like a reconstituted agreement which for 2011 is acceptable.

[unluckyjim]

Section 61 of the Consumer Credit Act stipulates that a credit agreement is not properly
executed unless it contains all the prescribed terms and conforms to regulations made
under section 60(1) of the Act, and is signed in the prescribed manner. Therefore the
consequence of a failure or omission to state fully and correctly any of the prescribed
terms is to render the agreement improperly executed and therefore unenforceable
save by order of the court. However were an application to be made to the court 127(3)
requires the court to dismiss the application for an enforcement order. Therefore such
an agreement may be considered to be irredeemably unenforceable.

[echat11]

It's not a great copy, difficult to read 'off the bat'.

https://www.handbook.fca.org.uk/handbook/CONC/13.pdf