mbna online agreement

[cds]

Hi

I have recently received my credit agreement from mbna-online application from october 2005.

It has the tick box and has been ticked,and has all the prescribed terms. Looks watertight to me!

The Consumer Credit Act 1974 (Electronics Communications) Order 2004 states:
" 176A Electronic transmission of documents
(1) A document is transmitted in accordance with this subsection if-

• (a) the person to whom it is transmitted agrees that it may be delivered to him by being transmitted to a particular electronic address in a particular electronic form,
  
  (b) it is transmitted to that address in that form, and
  
  (c) the form in which the document is transmitted is such that any information in the document which is addressed to the person to whom the document is transmitted is capable of being stored for future reference for an appropriate period in a way which allows the information to be reproduced without change.
  
  Nowhere on the agreement does it ask my permission to have the executed agreement delivered electronically.
  
  Does anyone think this omission is relevant?
  
  If so, this would make the agreement incorrectly executed and unenforcible as there was no right to cancel information provided either.
  
  Any thoughts?
  
  cds

[LuggerBugs]

Re: mbna online agreement

One of my favourite songs is by Marillion...

"Clutching at Straws."

[Curlyben]

Re: mbna online agreement

Agree there LB.

Nowhere on the agreement does it ask my permission to have the executed agreement delivered electronically.

That#s what SI 2004/3236 covers completely.
Time to set up a payment plan with them then.

[cds]

Re: mbna online agreement

LOL :cry: thanks for that

thought it was worth a post you never know your luck.

will have to resign myself to getting charges back.

cds

[LuggerBugs]

Re: mbna online agreement

That's the spirit. Think positive.

[cds]

Re: mbna online agreement

hi luggerbugs,

thanks for that, but one more thing before I put this one to bed.
the cca they have sent comprises 2 sheets of A4 typed up as if someone as done it on their home computer, there are no tc's relevent to when I took out the card, just copies of their current tc's and one statement for january.

the ones I got from egg are at least screen dumps, these look like something anyone could print off, have you ever seen mbna online credit agreements and if so do these bear any resemblance. I would have thought they should at least look something like the online screen.

cds

[LuggerBugs]

Re: mbna online agreement

Different companies structure their databases in different ways. In this instance, all they will have done if pull your file up and hit PRINT.

The current T&C's will be valid, because your agreement will have allowed them to vary those T&C's. And since you will have been notified each time, AND youroriginal agreement is valid, they have provided you with all you have asked for.

If you wish to see historical T&C's, then you can just ask for it. I'm sure they have that all on file too. Include the request in your SAR. And don't simply ask for statements. Make sure you ask for ALL the data they hold about you.

[cds]

Re: mbna online agreement

thanks again will do that

cds