CCA mistie's mbna....

[mistie]

ok posted today lets see what they give me back....

[mistie]

Re: CCA mistie's mbna....

ok got a letter back,
dont think its a true copy of my cca but been told it doesnt matter anyway.

[Paradox]

Re: CCA mistie's mbna....

Want to post it up so we can have a look?

[mistie]

Re: CCA mistie's mbna....

ok lets see if this works....

oh bugger it didnt...arghhhhhh

[mistie]

Re: CCA mistie's mbna....

ok 2nd time of trying......

[mistie]

Re: CCA mistie's mbna....

second page of letter....

[mistie]

Re: CCA mistie's mbna....

then i get 6 pages of this...which they have sent me...but my card was signed up with abbey and not mbna ...they took them over a few years later......

if you want me to post all 6 pages up just ask....lol...i know what im doing now....thanks a a star....

[thephoenix]

Re: CCA mistie's mbna....

your very welcome

[thephoenix]

Re: CCA mistie's mbna....

It seems to be bang on (bit lengthy) according to the prescribed terms pursuant to s.60 s.61 (1) (a)

This will show you the exact prescribed terms and layout of any regulated consumer credit agreement. Although this is the amended 2004 act (which came into effect 31st May 2005) in still trying to find the initial 1983 act :rolleyes: I dont know the date of inception for your agreement.

http://www.opsi.gov.uk/si/si2004/20041482.htm#note5

hope this helps

As for the default issue, i'm in the same boat. The cca 1974 regs state the form and contents of a default notice and are there for a reason. Toensure the default notice, that we cant get hold of, complies

[mistie]

Re: CCA mistie's mbna....

whooooshhhhhh.......right over my head....lol

ok so does it not matter that my original cca was with abbey nation bank when i signed not even abbey or mbna......in about being approx here 1996 ish.....
they have sent me mbna's cca....just a thought....

[thephoenix]

Re: CCA mistie's mbna....

well, I dunno. :carrot:

the t&c's of account you have there are the current ones. Cuz in there it state that you agree to them transferring the rights over to the abbey national or 'abbey'.
Come to think of it, when did they transfer the accounts???????

so i'm not sure on that bit.

[frisp]

Re: CCA mistie's mbna....

Mistie

I see no signatures anywhere not necessary I know but usually they send summit with a signature on usually yours

A point to note on prescribed terms, is that they are supposed to be contained within the signature document, because they are fundamental to the agreement and more important than the general T&C's. An accompanying document containing them will not satisfy this requirement. It is invariably the case that the T&C's are not relatable to the main document, they are not usually dated, of course never signed, which creates enough doubt that they form part of the agreement itself and the creditor cannot prove they do.

IMHO only a judge can decide this and as most agreements b4 2000 were flaky.



I'd send them a letter stating that what has been sent does not comply with the requirements of your CCA request and that in your opinion the agreement is unenforceable without order of the courts as the T&V+Cs provided were not those you signed in any alleged agreement.

Rgds



MAC

[diskmandave]

Re: CCA mistie's mbna....

Well, it seems you've been sent MBNA's full terms & conditions, but what I don't see is by their own words, the signed executed dual application form/agreement that contains all of the prescribed terms which they also mention in their letter.

Here is an example of a dual application form/agreement...
(allbeit from another company)


Best wishes, Dave.