CCAresponse from MBNA / Abbey National - is this enforceable>

[January2015]

Hi

We, as a couple, have about £85k of debt. We have been with Stepchange for one year and have just moved to self-managed. We decided to CCA our one credit card which pre-dated 2007. Their initial response was a load of rubbish with current T&Cs. We went back (advice from the brilliant FERMI on MSE) and they have now sent us the documents on the links below. Although they look right to me, i.e. enforceable, Fermi suggested I get them checked out over here....so here goes and any advice, guidance gratefully received (even if it is that we have to pay it). Hope I have done this right with uploads/access to the image files - never done this before so if I've got it wrong please let me know what I should be doing.

[Riz]

Re: CCAresponse from MBNA / Abbey National - is this enforceable>

Welcome.

Niddy (site owner) may want to see unedited copies, but I'll let him comment later if he is about. In the meantime, sit tight.

[Never-In-Doubt]

Re: CCAresponse from MBNA / Abbey National - is this enforceable>

Can you email me unedited copies please?

webmaster@all-about-debt.co.uk

[January2015]

Re: CCAresponse from MBNA / Abbey National - is this enforceable>

Can you email me unedited copies please?

webmaster@all-about-debt.co.uk

Done - thank you for your help with this.

[Never-In-Doubt]

Re: CCAresponse from MBNA / Abbey National - is this enforceable>

This looks unenforceable. The additional terms are new - ie you didn't get those at point of sale (when you signed up) yet the agreement quotes term 11. You couldn't have read term 11 prior to signing so it's UE.

I've replied to your email

[January2015]

Re: CCAresponse from MBNA / Abbey National - is this enforceable>

This looks unenforceable. The additional terms are new - ie you didn't get those at point of sale (when you signed up) yet the agreement quotes term 11. You couldn't have read term 11 prior to signing so it's UE.

I've replied to your email

I'm over the moon it looks as if it's UE. I anticipate correspondence from the PRAT group soon to ask for payment or arrangement to pay. Do I just wait for that and then come to you guys for guidance?


I wanted to thank Niddy in the post above - but I can't seem to find the 'Thank' button - however, just know how much my DH and I thank you for responding so promptly - and for just being here to support people like us.

[Never-In-Doubt]

Re: CCAresponse from MBNA / Abbey National - is this enforceable>

Hi

The "like post" thumbs up is at the bottom left of the post.

Yes. When you hear anything let us know and we'll guide you

[Westham1]

Re: CCAresponse from MBNA / Abbey National - is this enforceable>

Hi

We, as a couple, have about £85k of debt. We have been with Stepchange for one year and have just moved to self-managed. We decided to CCA our one credit card which pre-dated 2007. Their initial response was a load of rubbish with current T&Cs. We went back (advice from the brilliant FERMI on MSE) and they have now sent us the documents on the links below. Although they look right to me, i.e. enforceable, Fermi suggested I get them checked out over here....so here goes and any advice, guidance gratefully received (even if it is that we have to pay it). Hope I have done this right with uploads/access to the image files - never done this before so if I've got it wrong please let me know what I should be doing.

Hi January,

Did you get this from PRA Group?
I see you it has AB 11/02 at the bottom of each page - does this agreement date back to after Nov 2002?
I received cca and t&c's from them for a MBNA agreement (although it was a Virgin card) which had MB 04/97 at the bottom of each page for a March 98 agreement.

You say they are the current t&c's - how do you know they aren't the originals?

Good luck with your journey.

Westham1

[Never-In-Doubt]

Re: CCAresponse from MBNA / Abbey National - is this enforceable>

They aren't the originals and its

[January2015]

Re: CCAresponse from MBNA / Abbey National - is this enforceable>

Hi January,

Did you get this from PRA Group?
I see you it has AB 11/02 at the bottom of each page - does this agreement date back to after Nov 2002?
I received cca and t&c's from them for a MBNA agreement (although it was a Virgin card) which had MB 04/97 at the bottom of each page for a March 98 agreement.

You say they are the current t&c's - how do you know they aren't the originals?

Good luck with your journey.

Westham1

These documents came directly from MBNA. The ones I uploaded are not the current T&Cs - they sent those back in December and have now sent what I uploaded as the originals. I have no idea what I am looking at - I am trusting the invaluable support and guidance I'm getting on this forum. If Never-in-Doubt says it's unenforceable I'll go with that

[nanna58]

Re: CCAresponse from MBNA / Abbey National - is this enforceable>

Brilliant and wise move good luck xx

[January2015]

Re: CCAresponse from MBNA / Abbey National - is this enforceable>

Hi
We've now had the documents I sent Never-in-Doubt from the credit card company and now PRA have sent the same and also sent a statement of all transactions since we opened the account. PRA have requested we now contact them to discuss the matter with an advisor. If this was enforceable I would contact them to include the debt in our self managed DMP, but as it appears to be UE - how should we respond to them?

I appreciate this is still early stages in the process but it doesn't feel right ignoring the letters - unless someone with more experience advises us to do so.

Thanks in advance for your help and advice. As always, it really is gratefully received and listened to.

[Never-In-Doubt]

Re: CCAresponse from MBNA / Abbey National - is this enforceable>

I'd send back Missing PT's template. Don't elaborate - send that as its pretty vague

[January2015]

Re: CCAresponse from MBNA / Abbey National - is this enforceable>

I'd send back Missing PT's template. Don't elaborate - send that as its pretty vague

Do I send it to just PRA or to both MBNA and PRA (as both have supplied me with copies of the CCA response) ?

Thanks for your continued help.

[Pixie]

Re: CCAresponse from MBNA / Abbey National - is this enforceable>

If PRA group are dealing with it on behalf of the creditor I would just send it to them.