Piesky-V-MBNA

[Curlyben]

Re: Piesky-V-MBNA

OK and how are the T&C's related to the "agreement".
There is no indication that they are on the reverse of the application at all.
The ONLY way you could possibly tell would be for them to supply the original.

[piesky]

Re: Piesky-V-MBNA

Both arrived on seperate pieces of paper. Is this enforceable? what should I do next?

[Curlyben]

Re: Piesky-V-MBNA

Hmmmmmm.
IF they are the same document then YES.
But that could only really be shown if the original where to be produced.

As I say there's nothing to link both "sides" together and if the copy they sent you is as clear as the scan then there is no way of telling.

While the T&C do appear to be part of a mailer application, with the fold lines, there isn't any associated lines on the application itself.

[piesky]

Re: Piesky-V-MBNA

OK. Should I then proceed with an SAR or once again ask them to provide a true copy of the credit agreement - rather than the photocopy they've supplied on two sheets? I also question whether in fact this is an application or a regulated credit agreement!! Thanks for your help and suggestions, bye-the-way, CB.
------------------------------- merged -------------------------------
Sorry, that should have read - I question whether in fact this is a regulated credit agreement or simply an application form?

[Curlyben]

Re: Piesky-V-MBNA

I'd be inclined to thank them for the mailer application and reiterate your request for a true copy of the regulated agreement.

[piesky]

Re: Piesky-V-MBNA

OK. I'll try and come up with a little something that will kick them into positive action....unless of course anyone else has other suggestions that may prove a more suitable course of action. Please, all suggestions welcomed.

[Curlyben]

Re: Piesky-V-MBNA

Post up you letter ideas and we'll see what can be added

[piesky]

Re: Piesky-V-MBNA

Will do. Thanks
------------------------------- merged -------------------------------
OK. Here is what I've written

Dear Sirs,
Thank you for your letter dated XXX and I note its contents. The details sent, however, are a mailer application form whereas the CCA request asked you to provide a true signed original copy of my credit agreement that complies with all aspects of the consumer credit act 1974.
The information received from you does not conform fully to my request and I therefore reiterate the importance of such a document and the fact that the twelve day period for you to comply has long past.
I therefore repeat my request for a true, signed original copy of the alleged credit agreement you currently hold on file. Your continued failure in this matter will mean the alleged agreement is unenforceable and I will consider any further action on your part to be both vexatious and unlawful.
I await your reply.
Yours faithfully

Columbus

[piesky]

Re: Piesky-V-MBNA

In fact, would it not be a good idea at this stage to merge this letter with a full SAR and ask them to provide copies of all information ever held by them about me?

[piesky]

Re: Piesky-V-MBNA

Bump. Could someone advise further on this please. I would like to get a letter off straight away as I will be away from home for three weeks on business. thanks. Piesky

[Amy]

Re: Piesky-V-MBNA

I would tend to remind them of their CCA obligations first (like Curly has said) and see what they come back with.

With regard to your letter you need to change "past" to "passed".

[piesky]

Re: Piesky-V-MBNA

Thanks Amy. Its always good to have someone proof read. I'll get a letter off straight away.

[piesky]

Re: Piesky-V-MBNA

Had a letter back from MBNA dated 10th February that reads as follows:

Dear Sir,

Thank you for your recent letter regarding the information we have provided you with in accordance with s78 of the consumer credit act 1974.

We wish to set out the bank's position in the clearest terms possible. The information provided in our consumer credit agreement was sufficient to satisfy consumer credit legislation and the agreement is therefore enforceable. For the avoidance of any doubt, all of the necessary and prescribed terms are included in the agreement and in addition you will find that these terms are also set out in the copy of the current credit agreement provided.

We can confirm that whilst your account remains in arrears and over the agreed credit limit, your account will continue to incur fees and any adverse information will be reported accurately to the credit reference agencies. We may utilize the services of collection agencies in the recovery of the outstanding amount and in addition, there may come a time in the future when, if you have failed to make proper repayments against the credit card, MBNA may sell/assign the debt to a third party.

We trust this clarifies the situation. Please note. No further correspondance will be entered into regarding this matter.

Should you be experiencing financial difficulties and require assistance, please contact us on freephone 0800 389 9002

Yours Blah Blah

Bez Shaw
Compliance Department

Any further advice or help please.

[piesky]

Re: Piesky-V-MBNA

Bump. Would appreciate someone having a look at this for me. Thanks

[Curlyben]

Re: Piesky-V-MBNA

throw a Formal complaint letter at them as detailed here #7 Consumer Credit Agreements - A Guide - Legal Beagles