Urgent help please. Credit card agreement

[Sweetcheeks]

Hi , can someone help not sure if this is right
sent for copy of my credit card agreement to see what exactly what it contained because they were
hiking my interest rate way up to 29.98%. they have sent me a copy of an application form and a copy of the most recent T&Cs
IS THIS WHAT I SHOULD HAVE RECEIVED?
Also noticed I ticked the box for PPI which I remember paying for a number of years but when the Bank of Scotland moved to MBNA I cancelled this. Under the employment details I ticked the box HOMEMAKER so I don't think now that I would have been able to make a claim on this policy
WOULD I ? I paid on this from may 2000 until 2007/8
I am now in a bit of a quandary because I contacted MBNA about 18 months ago to see if it was possible to stop at my current interest rate of 24.9% because it was getting ridiculous No I had missed the date to do this. Explained I had been in hospital and diagnosed with lung cancer OH! they said we'll help you out We'll stop all interest on your account and accept £80 per month O.K. DON'T WORRY
Then low and behold the rotten so n so's slapped a default notice on me WISH I HAD'NT done this as it has cause me many problems since

ANY ADVICE PLEASE?

[FlamingParrot]

Re: Urgent help please. Credit card agreement

Hi , can someone help not sure if this is right
sent for copy of my credit card agreement to see what exactly what it contained because they were
hiking my interest rate way up to 29.98%. they have sent me a copy of an application form and a copy of the most recent T&Cs
IS THIS WHAT I SHOULD HAVE RECEIVED?

Did you send it as a formal s.78 request? If so, no, they should have supplied the terms from inception, the ones you agreed to at the time you took out the card.

Also noticed I ticked the box for PPI which I remember paying for a number of years but when the Bank of Scotland moved to MBNA I cancelled this. Under the employment details I ticked the box HOMEMAKER so I don't think now that I would have been able to make a claim on this policy
WOULD I ? I paid on this from may 2000 until 2007/8

Was this card originally issued by Bank of Scotland and sold to MBNA?

I am now in a bit of a quandary because I contacted MBNA about 18 months ago to see if it was possible to stop at my current interest rate of 24.9% because it was getting ridiculous No I had missed the date to do this. Explained I had been in hospital and diagnosed with lung cancer OH! they said we'll help you out We'll stop all interest on your account and accept £80 per month O.K. DON'T WORRY
Then low and behold the rotten so n so's slapped a default notice on me WISH I HAD'NT done this as it has cause me many problems since

ANY ADVICE PLEASE?

Sadly, whenever you break your contractual agreement to make minimum payments, they are allowed to record a default with the CRAs regardless of the circumstances. :rant: :mad2:

You could try to reclaim the PPI you paid but if the account is in default, any money awarded to you would go towards reducing the outstanding balance rather than back to yourself.

Are you still making payments to MBNA? What's the alleged balance?

Normally you'd request a copy of your agreement to assess the enforceability of the account, in this case it sounds like it may be unenforceable due to lack of terms from inception.

I stopped paying MBNA when they increased the interest rate to around 35% :mad2: :mad2: :mad2: and haven't paid since Jan 2010, :grin: after they failed to locate any trace of my agreement. :thumb:

Could you post the documents they've sent you, after removing your personal details? hoto:

[Sweetcheeks]

Re: Urgent help please. Credit card agreement

Hiya. Thank you for your reply
No it was just asked for a copy of my agreement didn't know about all these other thing at the time.

Yes the card was originally Bank of Scotland from May 2000 and got letter to say account is now with MBNA that was about 2007/8 that's is as much as I know we'll apart from the fact that I would say they are irresponsible lenders because they then proceeded to double my credit limit to 10+ grand and were aware I didn't work.

all the time I had that card 10+years I never missed or was late with a payment only contacted them to moan about the interest hicking

I feel ii was lulled into a false sense of security Good will gesture would freeze interest as i was so poorly they should have kept it

Yes I still pay them every month without fail its £80 which I thought was the payment less the interest usual payment was £160 odd £170. Yesterday they tell me if I paid £160 per month I would not have defaulted as this would by classed as a payment plan Can you see the sense in that


Don't know exactly how much I owe cos when they defaulted my I was informed that I would NOT be receiving any more statements from them I would have to phone for a balance. Roughly I would say in the region of 7K


Yes that's what I should do or sent them £1


Yes I will post docs when I figure out how to do it


Thanking You

[Sweetcheeks]

Re: Urgent help please. Credit card agreement

Docs uploaded

[Sweetcheeks]

Re: Urgent help please. Credit card agreement

Hi flaming parrot. uploaded them docs hope they are O.K.

[jon1965]

Re: Urgent help please. Credit card agreement

I do not know how much the balance is but if the minimum payment is above £80 it must be quite high.
If you are maintaining more than the minimum payment can they still issue a DN?

[Sweetcheeks]

Re: Urgent help please. Credit card agreement

Hi, that's what I thought but NO that's not the case I think they make it up as they go along Called them the other day again and spoke to a complaints manager here's how it went.
DN stays Why? haven't missed any payments EVER But you are in financial difficulties, No I'm not.
but we stopped interest on your account. Yes You offered this because of my serious health issue.
But you called us. Yes to complain again about the HIKING of the interest Ah well it was a GOOD WILL GESTURE by us
So why DN? have you read the ICO guide lines. Yes but your not on an agreed payment plan or DMP. No understood it to be SPECIAL ARRANGEMENT. No it's a GOOD WILL GESTURE DN STAYS END OF Well I just can't see the logic. Can you? Got a good mind to report them to the ICO. So don't accept a So called GOOD WILL GESTURE cos you'll end up WORSE OFF than you were before.
And another thing they don't sent statements out now because been DN'd had none for about 18 months
Bad enough the DN on credit file but they don't even enter payment correctly got missed payment one month double next month then ok ok then missed again goes on like this Looks worse if anybody looks at your file. And yet they receive the payments on time. I asked about this REPLY does't matter nobody looks at that anyway so what's the problem. URRRR NUMPTIES! Well rambled on long enough blood pressure going through the roof AGAIN

[jon1965]

Re: Urgent help please. Credit card agreement

Sweetcheeks
Do not let the barstewards get to you.
Keep off the phone however as they will only deny whatever has been said.

If it were me I would be starting with a formal written complaint . If this does not work then you go to the FCA or is it the Fos . I would also give the information commissioners office a call and ask for some general advice and then if needed put in a complaint to them.

Basically I would now just cause them as much trouble as possible.

If your start date is pre 2007 I would send them a CCA request and look at going down the UE route Flaming Parrot would be able to help you on that better than me. Of course if you went that route there are risks and the default would not go away and stay on your file for 6 years

[Sweetcheeks]

Re: Urgent help please. Credit card agreement

Hi Jon 1965. Thanks for your reply,
Exactly. Just was I was thinking, have already CCAd them and what I got was an application form from 2000 Bank of Scotland and MBNA. T&Cs for 2010 I've uploaded them at #4. What's the UE route I'm not very savvy YET. It dos'nt look like the DN is going to go away anyway THAT JOBSWORTH I spoke to was
ADAMANT. WONDER IF HE CAN WHISTLE?

[jon1965]

Re: Urgent help please. Credit card agreement

Flaming Parrott will explain it better than me but I know she is at work at the moment. UE is where the agreement is flawed and as such can not beenforced in court. Effectively you tell the creditors to go away and after 6 years it becomes statute barred as long as no payments or written acknowledgements are given. It is not an easy option as you have to reply to letters and possibly defend your position. UE means unenforceable. You could do with someone who can tell you although ultimately only a judge can rule.

[charitynjw]

Re: Urgent help please. Credit card agreement

http://www.legislation.gov.uk/ukpga/...on/127/enacted

ORIGINAL CONSUMER CREDIT ACT


127

Enforcement orders in cases of infringement

(1)

(1) In the case of an application for an enforcement order under—

(a)

section 65(1) (improperly executed agreements), or

(b)

section 105(7)(a) or (b) (improperly executed security instruments), or

(c)

section 111(2) (failure to serve copy of notice on surety),
or

(d)

section 124(1) or (2) (taking of negotiable instrument in contravention of section 123),
the court shall dismiss the application if, but (subject to subsections (3) and (4)) only if, it considers it just to do so having regard to—

(i)

prejudice caused to any person by the contravention in question, and the degree of culpability for it; and

(ii)

the powers conferred on the court by subsection (2) and sections 135 and 136.

(2)

(2) If it appears to the court just to do so, it may in an enforcement order reduce or discharge any sum payable by the debtor or hirer, or any surety, so
as to compensate him for prejudice suffered as a result of the contravention in question.

(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document
(whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement
was signed by the debtor or hirer (whether or not in the prescribed manner).

(4)

(4) The court shall not make an enforcement order under section 65(1) in the case of a cancellable agreement if—

(a)

a provision of section 62 or 63 was not complied with, and the creditor or owner did not give a copy of the executed agreement, and of any other document
referred to in it, to the debtor or hirer before the commencement of the proceedings in which the order is sought, or

(b)

section 64(1) was not complied with.

(5)

(5) Where an enforcement order is made in a case to which subsection (3) applies, the order may direct that the regulated agreement is to have effect as if it did
not include a term omitted from the document signed by the debtor or hirer.


UNFORTUNATELY THE 2006 ACT AMENDED THIS

http://www.legislation.gov.uk/ukpga/1974/39/section/127

127Enforcement orders in cases of infringement.

(1)

(1) In the case of an application for an enforcement order under—

[F1(za)

section 55(2) (disclosure of information), or]

[F2(zb)

section 61B(3) (duty to supply copy of overdraft agreement), or]

(a)

section 65(1) (improperly executed agreements), or

(b)

section 105(7)(a) or (b) (improperly executed security instruments), or

(c)

section 111(2) (failure to serve copy of notice on surety), or

(d)

section 124(1) or (2) (taking of negotiable instrument in contravention of section 123),
the court shall dismiss the application if, but F3. . . only if, it considers it just to do so having regard to—

(i)

prejudice caused to any person by the contravention in question, and the degree of culpability for it; and

(ii)

the powers conferred on the court by subsection (2) and sections 135 and 136.

(2)

(2) If it appears to the court just to do so, it may in an enforcement order reduce or discharge any sum payable by the debtor or hirer, or any surety, so
as to compensate him for prejudice suffered as a result of the contravention in question.

(3)

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Section 15 repeals sections 127(3) to (5) of the 1974 Act (subsection (5) is
consequential on subsection (3)), which means that a court will have the power to
determine in its discretion whether agreements are enforceable in accordance with
section 127(1) and (2) regardless of the breach in question.

[charitynjw]

Re: Urgent help please. Credit card agreement

THE PRESCRIBED TERMS

The agreements....... regulated by the Act and the relevant regulations made under section 20 of the Act, namely the Consumer Credit (Total Charge for Credit) Regulations 1980 (the “TCC Regulations“) and the Consumer Credit (Agreements) Regulations 1983 (the “AgreementsRegulations“) (together the “Regulations“).

(From Southern Pacific v Walker [2010] UKSC 32.)

Pursuant to section 61(1)(a) of the Act, a consumer credit agreement must contain “all the prescribed terms” and *section 127(3) of the Act renders agreements pre-dating 6 April 2007 (such as the Agreement) wholly unenforceable. The prescribed terms for the Agreement were:
(i) A term stating the amount of credit (Agreements Regulations reg 6(1) and Sch 6, para 2);
(ii) A term stating the rate of any interest on the credit to be provided under the agreement (Agreements Regulations Sch 6, para 4); and
(iii) A term stating how the debtor is to discharge his obligations under the agreement to make the repayments (Agreements Regulations Sch 6, para 5).

* Now not applicable

[Sweetcheeks]

Re: Urgent help please. Credit card agreement

Cheers Jon1965 I will wait for Flaming Parrot because I'm stumped with all these reg's it's all a bit trial and error at the minute.

[Sweetcheeks]

Re: Urgent help please. Credit card agreement

Hi CHARITYJNW. I'll try and get my head around that lot seems to be a lot of if's and but's

THANK YOU

[jon1965]

Re: Urgent help please. Credit card agreement

There are other people I just know FP knows her stuff. She is a tad busy at the moment