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Hi Guys, wonder if you can help out.
I have an MBNA credit card with a 5 digit credit limit. My wife also has one, also with a 5 digit limit. We have both taken the cards up to just under their limits. I have sent MBNA 2 CCA agreement request letters giving them 12 working days to reply. They didn't. All well and good so far. Then I sent a second letter telling them they were in default & giving them 8 weeks to respond (runs out next week) & 21 days regarding removal of information under DPA legislation (time expired on this bit with no response). I can post these if anyone is interested but they are variations on what is already doing the rounds.
Soon after sending the 2nd letters we received in my case a copy of the original application (suprised they still had it) and in my wifes case a 1/4 page photocopy which is illegible ( know I can demand something which can be read & they are in breach because of this) & looks like part of a 2nd card request. It could be the 2nd card request off of my card for all I know. Both of these bits of paper came with other sheets attached giving T&C. Both refer to the documents being agreements regulated by the CCA. Both are signed.
Question 1: Can the original application form also be the agreement? I thought case law meant the agreement had to follow after the application.
Question 2: The T&C show monthly rates of interest, minimum payments (in % terms, not cash amounts). I cannot see any reference to term. Does this comply with their obligations & make this an enforcable agreement? I can scan & post but you wont be able to read it - the copies are really poor.
As far as I can see their case will hinge on whether the original application can be the agreement and if so is it valid and containing all the required items.
Sorry for the long post. More to follow but this is the crux of it. Hope you are all still awake! :sleep:
I have an MBNA credit card with a 5 digit credit limit. My wife also has one, also with a 5 digit limit. We have both taken the cards up to just under their limits. I have sent MBNA 2 CCA agreement request letters giving them 12 working days to reply. They didn't. All well and good so far. Then I sent a second letter telling them they were in default & giving them 8 weeks to respond (runs out next week) & 21 days regarding removal of information under DPA legislation (time expired on this bit with no response). I can post these if anyone is interested but they are variations on what is already doing the rounds.
Soon after sending the 2nd letters we received in my case a copy of the original application (suprised they still had it) and in my wifes case a 1/4 page photocopy which is illegible ( know I can demand something which can be read & they are in breach because of this) & looks like part of a 2nd card request. It could be the 2nd card request off of my card for all I know. Both of these bits of paper came with other sheets attached giving T&C. Both refer to the documents being agreements regulated by the CCA. Both are signed.
Question 1: Can the original application form also be the agreement? I thought case law meant the agreement had to follow after the application.
Question 2: The T&C show monthly rates of interest, minimum payments (in % terms, not cash amounts). I cannot see any reference to term. Does this comply with their obligations & make this an enforcable agreement? I can scan & post but you wont be able to read it - the copies are really poor.
As far as I can see their case will hinge on whether the original application can be the agreement and if so is it valid and containing all the required items.
Sorry for the long post. More to follow but this is the crux of it. Hope you are all still awake! :sleep:
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