MBNA, application form rec in response to CCA request

[mtm103]

Hi all

I am trying to help my partner with his finances.. He has 18k mbna credit card which he is now unable to pay (the interest alone is nearly 500 a month). I sent off a CCA request (the credit card was taken out in 1994), nothing was heard within the 12 days, then sent an account in dispute letter as no CCA recieved. Today he recieves a letter from MBNA (backdated to end of January, i.e. within the 12 days of the original CCA request).
MBNA have sent a copy of the application form from 1994 (the back is the "conditions of use" but doesn't seem to match the original application, but I could be wrong), the latest terms and conditions, and a copy of his latest statement. I will scan as soon as I go into work, but is this enough? I should point out that we live in the channel islands, so mbna would have to pursue through the courts here.

Anything???

[MIKE770]

Re: MBNA, application form rec in response to CCA request

Hi all

I am trying to help my partner with his finances.. He has 18k mbna credit card which he is now unable to pay (the interest alone is nearly 500 a month). I sent off a CCA request (the credit card was taken out in 1994), nothing was heard within the 12 days, then sent an account in dispute letter as no CCA recieved. Today he recieves a letter from MBNA (backdated to end of January, i.e. within the 12 days of the original CCA request).
MBNA have sent a copy of the application form from 1994 (the back is the "conditions of use" but doesn't seem to match the original application, but I could be wrong), the latest terms and conditions, and a copy of his latest statement. I will scan as soon as I go into work, but is this enough? I should point out that we live in the channel islands, so mbna would have to pursue through the courts here.

Anything???

We await your scan, remove personal details though!

[mtm103]

Re: MBNA, application form rec in response to CCA request

Here they are!

Thanks!!

[MIKE770]

Re: MBNA, application form rec in response to CCA request

Bump

[basa48]

Re: MBNA, application form rec in response to CCA request

Here they are!

Thanks!!

From what I can see I would deem that a compliant agreement.

I don't understand what you mean by doesn't seem to match the original application. Do you have the original application?

[mtm103]

Re: MBNA, application form rec in response to CCA request

I thought that as it was an application form then it was deemed a pre-contractual agreement?
Also, the application form does not refer in any way to the conditions of use? I thought the conditions of use needed to be within the 4 corners of the agreement and not on a separate document?

[basa48]

Re: MBNA, application form rec in response to CCA request

I thought that as it was an application form then it was deemed a pre-contractual agreement?
Also, the application form does not refer in any way to the conditions of use? I thought the conditions of use needed to be within the 4 corners of the agreement and not on a separate document?

It became contractual when MBNA accepted your application, signed the application and sent you a card.

Under section 10 it clearly states "I accept and agree to be bound by the MBNA Credit Card Conditions of Use (as set out overleaf.....)".

The Conditions of Use include the prescribed terms for: "3 Credit Limit and Charges"; "4 Repayments and Interest Calculation".

The reverse of the application is deemed within the 'four corners' anyway. See HJ Waksman determination for a clearer definition of 'contained' for compliance with s61 "Signing of Agreements". I don't see how that can be anything other than a compliant agreement. Sorry.

[Angry Cat]

Re: MBNA, application form rec in response to CCA request

Do you have the original application?

And, a copy of the original terms and conditons; issue 1994?

They may look the business but are they identical, do they match? [Emphasis added]

Please, do not post up the original copies, if you hold them.

As ever, I am always sceptical about the MBNA cowboys...:beagle:

[mtm103]

Re: MBNA, application form rec in response to CCA request

OK thanks..
The problem I have with this form (and I might be clutching at straws), is that, although the conditions of use are there, the number on the conditions of use F007094A, does not match the same number as the application form (E09100141). Also you can see where the conditions of use was “folded” about a third of the way down, but you don’t have the same fold on the application form. Anyway I may be clutching at straws, but that is the argument I will go for. I should point out that regardless of everything, he still can’t pay any of this amount back any more, the interest is now 35% and he has paid the original amount back many many many times over (he has paid £30k in the last 5 years alone just on interest). We live in the channel islands, so they can’t take a CCJ out in the UK, they will have to go through the courts here. What is the best course of action? I can lend him 10% of the amount, but that is it.
Thanks