Help MBNA/Virgin - CLOSED - Continues in AAD+

[daveyjj66]

Hello, may I ask assistance for my sister who had a mbna/virgin card taken out in 2003 and was unable to keep up payments in 2010. Is the application form and T&c's sufficient to get a ccj against her. The prescribed terms received from the cca request claim to be what was overleaf on the application unfortunately she can't remember if that was the case.

• Type of account credit card
  
  
• Date commenced 17/04/2003
  
  
• Approx balance £4,500
  
  
• Date last paid 2010
  
  
• Are you on arrangement or not paying not paying
  
  
• Status default 2011
  
  
• Account owner Pra, with Judge & Priestley sending letters

Thank you in advance for your assistance and views

[Pixie]

Re: Help MBNA/Virgin cc is this enforceable

Only a judge can decide that daveyjj66.

Can she remember where she filled in the application form? A lot of MBNA applications were made by someone approaching you (mine was at the airport as I was about to fly off on holiday), they filled in the form and you signed it. You didn't get the chance (or have the time) to check what was on the reverse.

What do the letters from Judge and Priestley say?

[daveyjj66]

Re: Help MBNA/Virgin cc is this enforceable

Hi Pixie, Thank you for the reply, yes she believes it was at a shopping centre filled in by the rep and she signed. I have the documents scanned if u want me to post or email

Many thanks Dave

[Pixie]

Re: Help MBNA/Virgin cc is this enforceable

Could you email them to Niddy (webmaster@all-about-debt.co.uk) with your username in the subject line. It might also be an idea to put a link to this thread in the email.

I usually think that these MBNA application forms are UE but PRA (Judge and Priestley) have issued claims to a couple of our members recently with regard to MBNA cards and, as this is in the last year before becoming SB, I would err on the side of caution.

[daveyjj66]

Re: Help MBNA/Virgin cc is this enforceable

Thank you I will do it now.

Many Thanks Dave

[Never-In-Doubt]

Re: Help MBNA/Virgin cc is this enforceable

You've blanked it all out. It's useless like that. How do I know who did what? Did mbna blank it? You?

Please send unedited version.

[Never-In-Doubt]

Re: Help MBNA/Virgin cc is this enforceable

How many images!!! From 1 PDF in order to 100 random images lol


Ok hard to read on my phone so I'll come back to you next week but at first glance it looks enforceable based on the recon info.


J&P will issue a claim so it's not looking good. How was it taken out - was it a rep in store / airport etc or how?


If you resend in a PDF I can properly answer you but basically the page that you did get with the card shows terms 1-3. They mention term 11 in the agreement (relevant to recon terms 4-19) which was not on the original. I know as I had one myself


They've provided a recon but if they quoted a non existent term i'd say it's improperly executed so although it may be "enforceable" - there may be options to defend if a claim was issued.


Thanks

[Never-In-Doubt]

Re: Help MBNA/Virgin cc is this enforceable

It seems it *might* be improperly executed as an agent filled it in & the defendant signed so likely no terms were issued at the time the contract was formed - especially as she never filled it in.

You need to send a SAR & LBA response. Ill ask Jo to help when the claim is issued but for now send a SAR & LBA response. You'll be better joining AAD+

--> http://forums.all-about-debt.co.uk/aad-members.php

[daveyjj66]

Re: Help MBNA/Virgin cc is this enforceable

Thank you, will do

[daveyjj66]

Re: Help MBNA/Virgin cc is this enforceable

SAR and LBA sent to DCA and they have not acknowledged the requests and used the £10 towards the debt, what response should my sister send to the DCA.

Many Thanks

[Pixie]

Re: Help MBNA/Virgin cc is this enforceable

SAR and LBA sent to DCA and they have not acknowledged the requests and used the £10 towards the debt, what response should my sister send to the DCA.

Many Thanks

That's very naughty of them! They have 40 days to respond to a SAR and nothing says that they have to acknowledge the request on receipt.

I would get your sister to write a one-liner saying that the £10 was the fee for the SAR and enclose a copy of the SAR request letter with the line "I also enclose the statutory maximum fee of £10 which should cover payment for my formal request" highlighted. Make sure she doesn't write anything which acknowledges the debt.

[daveyjj66]

Re: Help MBNA/Virgin cc is this enforceable

Thank you Pixie, I will update her and get the letter off to them.

Many Thanks

[oscar]

Re: Help MBNA/Virgin cc is this enforceable

It seems it *might* be improperly executed as an agent filled it in & the defendant signed

Standard practice for the reps at that time.

[SXGuy]

Re: Help MBNA/Virgin cc is this enforceable

I believe they can do what they like with the fee. Providing the sar request letter was formatted correctly it will be clear that the fee was not a payment or acknowledgement of the debt
However they can apply it to the balance if they so wish. It's an argument they would not win should they try and say it was a payment towards the debt.

[Pixie]

Re: Help MBNA/Virgin cc is this enforceable

I believe they can do what they like with the fee.

I didn't know that.

It's an argument they would not win should they try and say it was a payment towards the debt.

Of course, so make sure your sister has kept a copy of the SAR request should it be needed later on.