Opinion on enforceability of MBNA CCA

[Greenhat]

Hi,

I recently made a s78 CCA request to MBNA (Virgin Credit Card), and they have had returned a very poor quality copy of what appears to be my signed form (pre 2007), accompanied by an unsigned, but more legible version of the same form, a copy of updated T's and C's, and an up to date statement.

I'm trying to decide whether or not it would be enforceable, and was hoping for some opinions from those with more experience in this area.

The copy of the original does appear to contain some prescribed terms, though some parts are impossible to accurately decipher due to the poor quality.

Firstly, would you consider the agreement to contain all of the required prescribed terms?

Secondly, would you consider this copy to be legible from the perspective of a court? Certain parts of the copy are difficult or impossible to read properly (particularly in section 2 when trying to decipher some of the numerical figures relating to interest rates etc).

FYI, my goal here isn't to evade payment. I would ideally like to use it as leverage to substantially reduced monthly payments and a freeze on interest so that I can actually pay it off. (Though I have heard that MBNA are notoriously bad at agreeing to reduced monthly payments.)

For your reference I've uploaded a high resolution picture of the agreement to the following link:

http://s1032.photobucket.com/user/gr...8355d.jpg.html

Thanks in advance for any assistance.

[Amethyst]

Re: Opinion on enforceability of MBNA CCA

With the recon of the original agreement are there the additional terms which aren't included within the signature page? (ie there''s usually reference in MBNA agreements to terms which aren't on the signature page) and can you tell if the recon is the same as the original ?

Theres a bit on that original refers to 3.3 and 3.4 (I think - under the DATA PROTECTION title) and clauses 3.3 and 3.4 arent on that page so would be in attached terms - and they must have sent you those.

What prescribed terms do you feel are missing?

[Amethyst]

Re: Opinion on enforceability of MBNA CCA

Secondly, would you consider this copy to be legible from the perspective of a court? Certain parts of the copy are difficult or impossible to read properly

Probably not but this is dealt with by

accompanied by an unsigned, but more legible version of the same form,

[Greenhat]

Re: Opinion on enforceability of MBNA CCA

Yes, with the recon they have send 10 pages of additional terms beyond what it on the signature page (and that's not included with the original).

In part 3b on the recon it states "Details of other service charges are set out in section 4". Also under the heading "IMPORTANT - DATA PROTECTION" it refers to sections 13 and 14, stating that you must read them before you sign.

The original and the unsigned recon version of the signature page they have sent do look to be the same for the most part.

Regarding prescribed terms; I was unsure if it was sufficient for them to state "we will choose you credit limit and tell you what it is. We may very this at any time and let you know", or whether they need to include a numerical value. Also under "YOUR RIGHT TO CANCEL" they have simply stated that they will send exact details on how to do it.

Do you think that any of the above would affect enforceability?

Also, going back to the subject of whether the original is legible; assuming the original was not considered not to be legible in court, would the unsigned recon hold any weight given that the agreement was dated before 127.(3) was repealed?

[Amethyst]

Re: Opinion on enforceability of MBNA CCA

The recon is WITH the illegible original signed agreement rather than instead of so that covers their bases. If they have included a recon of all the terms that would have been with the agreement when you signed it then that covers that.

The Cancellation term is okay as is the credit limit term.

Sorry but I think it's enforceable.