Distressed v MBNA

[distressedmam]

hI

I have received the enclosed application form, as far as I can see it is not enforceable, I have told mbna and now Apex credit the prescribed terms are missing and this is merely an application form. Now the telephone calls are incessant.

Does anyone agree this is not enforceable?

Also interestingly the Apex credit letters use a different credit card number to the one used by MBNA??

Any help would be great, as Apex's later threatogram gives me 5 days to contact them to arrange payment

Eek!!!

[TUTTSI]

Re: Distressed v MBNA

Hi Distressed

welcome to Legale Beagles.

I agree an application form is not correct and is not IMHO enforcable.

Have you requested a SAR for your documents and put the account in dispute?

Also, do you have charges on this account which could be claimed back?

I also would not be speaking to Apex Credit on the phone let them put everything in writing. You may need to send them a harrassment letter which you will find in the library.

Other will no doubt be along soon to advise better.

Tuttsi

[Curlyben]

Re: Distressed v MBNA

Yepp complete loo roll.

Have you been in touch with Apex as it appears that they are chasing the wrong debt !!!

[distressedmam]

Re: Distressed v MBNA

Many thanks for your responses!!

Quick q's

1
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Many thanks for your responses!!

Quick q's

1

Sorry, too quick for brain there!

SAR completely ignored by MBNA, sent recorded many times - they banked the cheque and misappropriated it to my credit card statement!!!
Yes the account is in dispute since January, and confirmed by an MBNA letter

None of this stops Apex

IMHO the application form is not compliant, have stated this to MBNA initially, then they passed to Apex, I have told Apex but they continue to ignore this.

Really in this deadlock situation I should be brave and issue court proceedings.

OR should I claim for bank charges. How much can I claim? I have statements going back some time but not enough for the 6 years, and as MBNA and Apex ignore my requests I cannot calculate the charges?

Am I missing the point but if the CCA is unenforceable then they don't have a right to charge interest or charges?

Just confused and want to take this further and sort once and for all, I have another MBNA account which they have confirmed they do not have an agreement for but Link Financial are relentless. I will start another thread for this.

What counter claim could I issue to them to prompt them into action, currently they hope I will get bored or lose courage and go away.

Any suggestions would be greatly received!!!

Thanks again

distressed

[distressedmam]

Re: Distressed v MBNA

Any thoughts anyone? It has gone very quiet but am sure Apex will be onto me very soon!

Any help would be very gratefully received!

DM

[MIKE770]

Re: Distressed v MBNA

Have had a look at that agreement from an earlier posting you mention MBNA yet on the bottom of that agreement states Bank of Scotland card services??? am I reading that right./////??????:beagle:
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hI

I have received the enclosed application form, as far as I can see it is not enforceable, I have told mbna and now Apex credit the prescribed terms are missing and this is merely an application form. Now the telephone calls are incessant.

Does anyone agree this is not enforceable?

Also interestingly the Apex credit letters use a different credit card number to the one used by MBNA??

Any help would be great, as Apex's later threatogram gives me 5 days to contact them to arrange payment

Eek!!!

Having a look at your form I thought you said MBNA yet the form at the bottom says Bank of Scotland card services??? did they sell the credit card account to MBNA???? sorry a bit confused here.????

[distressedmam]

Re: Distressed v MBNA

Yes it was taken over by them some years ago so the original application was to BOS