MBNA - Initial Advise Please

[Fitz]

Hi,

I sat and read a thread on here last night regarding a guy who didn't have an enforceable CCA with Barclaycard after they took over the Card from Morgan Stanley. I believe very strongly that I may have a similiar situation with MBNA who took over my CC from Alliance Leicester. I wrote to MBNA recently asking for a copy of the original agreement and they sent me up-to-date T&C's, definately nothing relating to an Original Agreement. I have spoken to them since and their attitude is the T&C's replace the OA and thats all they have to supply. I have given them no intention of my next move I am just thinking about what to do. I currently have something going on with CENTO CLIENT REVIEW but after paying them £299.00 it appears they have done nothing, they certainly haven't requested anything from MBNA they (MBNA) confirmed this to me today. Anyway to my Advise (a couple of questions)

1. Should I start proceedings with MBNA what is the likeyhood they will have an Agreement? I certainly cannot remember signing anything with them when the account changed hands and I believe the original agreement with Alliance Leicester was done over the Phone.

2. Would an original agreement with Alliance Leicester be enforceable if they produce one since my account is now with MBNA.

3. Should I start proceedings with MBNA and I suspend payments (currently £300.00 pm) what will happen to my debt (15k) if they produce an enforceable agreement? Will that make my situation worse than what it is now before starting proceedings?

I am finding all this very daunting but really want to make the next step. When I prepare to do it I find I need to ask these questions. Therefore any help with them will be most grateful.

Thanks in Advance

Fitz

[Curlyben]

Re: MBNA - Initial Advise Please

Get away from CENTO as quickly as possible.
They are offering money for old rope with no guarantees of success !!!!!!!!!!

Well for starters you need to have a read through this: ~~~ Consumer Credit Agreements - A Guide ~~~~ inc. Letters - Legal Beagles

To answer your questions as posted.

1/ difficult to say, but after 12+2 working days the account is in default and further action is precluded.
2/ See above, but that's basically what you are waiting for.
3/If, even after 12+2 days, they produce a compliant agreement then they CAN take enforcement action. They might try without but are on to a loser there.

There are NO hard and fast rules when it comes to agreements, without actually seeing the document I don't want to get any ones hopes up.
I have seen earlier 70's agreements from Barclaycard !!!

[Fitz]

Re: MBNA - Initial Advise Please

Get away from CENTO as quickly as possible.
They are offering money for old rope with no guarantees of success !!!!!!!!!!

Well for starters you need to have a read through this: ~~~ Consumer Credit Agreements - A Guide ~~~~ inc. Letters - Legal Beagles

To answer your questions as posted.

1/ difficult to say, but after 12+2 working days the account is in default and further action is precluded.
2/ See above, but that's basically what you are waiting for.
3/If, even after 12+2 days, they produce a compliant agreement then they CAN take enforcement action. They might try without but are on to a loser there.

There are NO hard and fast rules when it comes to agreements, without actually seeing the document I don't want to get any ones hopes up.
I have seen earlier 70's agreements from Barclaycard !!!

So if they produce a compliant agreement after the 12+2 days could my account be in a worse state than before it was put into default? Could they make me pay off the debt in full?

[Tools]

Re: MBNA - Initial Advise Please

In case you hadn't already read these threads, enjoy

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