MBNA CCA Woes

[chinawhite]

Hi Nid
you kindly advised me some time ago about a MBNA cca, you advised that it was not enforcable because of the lack of a signature from MBNA, cca only had an ink stamp where signature should be.

I havnt heard anything from the DC for months but have now hada letter saying that they have confirmed with MBNA that i have received a copy of the credit agreement and whether it is enforcable or not is something only a court can decide and they are asking me to contact them to arrange repayment

just wondered where to go from here, do i now arrange a payment plan ?? or do i continue with the unenforcability route ???

thanks

CW

[Elsie52]

Re: MBNA cca

Hiya,

I think Niddy may be having a couple of days off, but I am fairly certain that he would not recommend contacting them, and certainly do not agree to repay. I don't have any UE accounts with MBNA, but other creditors also send similar letters out, to the one you have received......basically they are trying to scare you into paying. If its UE then we do NOT pay.

Just hold fire until Niddy is back and then he will advise you how to respond. If they should call you, fail the security questions or don't answer, but do not get involved in any conversations with them at all.

Don't worry about it, we are all in the same boat.

Elsie

[Riz]

Re: MBNA cca

I've certainly seen reference somewhere that a stamp from the creditor is acceptable re execution of the agreement?

However, at best it would render the agreement improperly executed, as as such only enforceable by order of the court.

But the court is not barred from making that order, unlike the case where it is missing YOUR signature.

[chinawhite]

Re: MBNA cca

so the agreement is in effect enforcable ?? - have i got that right ??

[Gerry]

Re: MBNA cca

I've certainly seen reference somewhere that a stamp from the creditor is acceptable re execution of the agreement?

However, at best it would render the agreement improperly executed, as as such only enforceable by order of the court.

But the court is not barred from making that order, unlike the case where it is missing YOUR signature.

Never heard of an ink stamp have you heard of this before riz?

Gerry x

[Gerry]

Re: MBNA cca

so the agreement is in effect enforcable ?? - have i got that right ??

Hiya

Dont panic the DCA's are bigger criminals that what you are. Do you have any access to a scanner so that you can send niddy a copy?

Gerry x

[Never-In-Doubt]

Re: MBNA cca

Agree with rizzle, if they used a stamp that in itself doesn't make it UE - however I think you'll find I said it could be ue due to it being an app form.

Send me an email with it. Let me check? See my siggy below and click the link

Cheers

[chinawhite]

Re: MBNA cca

hi ok will try and send to you many thanks

[Never-In-Doubt]

Re: MBNA cca

hi ok will try and send to you many thanks

Nothing came as yet....

[chinawhite]

Re: MBNA cca

hi have resent it - i sent it from my sky email address as dont have outlook, could it be in your spam folder ?

thanks again

CW

[Never-In-Doubt]

Re: MBNA cca

hi have resent it - i sent it from my sky email address as dont have outlook, could it be in your spam folder ?

thanks again

CW

Hiya

Ok, its still an application form - so nothing has changed - it's still UE.

Respond to the DCA with this: ---> CCA Query - Application Form Received

[chinawhite]

Re: MBNA CCA Woes

Thanks for that niddy - again !!!!!!, will get that sent off

CW

[chinawhite]

Re: MBNA CCA Woes

Hi Nid
i sent the letter that you advised to the DC re: mbna. Yesterday i also received another letter off MBNA themselves regarding the CCA. Ill scan and email if thats okay, just wondering whether to send the same letter to them ??

many thanks

CW

[Never-In-Doubt]

Re: MBNA CCA Woes

Just tell me the content of the letter - if I need to see it i'll ask - sorry, way too busy to check everything for everyone right now....

You know if it is serious or not, if its the usual crap then send just ignore them (MBNA I mean)

[chinawhite]

Re: MBNA CCA Woes

hiya

letter basiclly says they have complied and CCA is fine, terms and conditions are on the back of agreement and they are satisfied that agreement satisfies all legal requirement. its this bit i wasnt sure about - last bit says "as such, there is no need to seek an enforcement order in order to exercise our rights"

thanks

CW