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  • need Help - MBNA CCard

    MBNA card 6k£ ( although limit was 5k£ so some is default charges it was a Virgin card)
    Taken out 1 Jan 2007
    Stopped payments in Jun 2010
    I think I have a default notice
    Handed over to Restons by MBNA.

    I have a copy of 'agreement' which was done online . The agreement is identical to the MBNA one in the unenforcability sticky on this site, as far as I can tell, tick in box no signatures. date of agreemet 13 Jan 2007. I vaguelly remeber signing documents afterwards ( no one gives out loans based on a tick in the box surely?) but I did not keep a copy.
    I protested several times the agreement appeared unenforcable to Restons
    Immediatly after I made an offer to pay W.predjudice monthly (modest) installments 2 weeks ago a court claim form came - MBNA still owners, Restons acting for them.
    Since than I've CCA MBNA and CPR to Reston's

    I has thought I might be able to take the route of claiming unenforcability of the agreement based on lack of signatures only ticks in boxes - this appears not to be the case for this agreement if I have understood threads on this and other forums. The court claim only mentions the agreement document no others.

    Any advice appreciated, I've decided to defend the claim but not sure I'm on very strong ground.
    I'm not after escaping payment but am after not having a CCJ. Panic starting to set in......

  • #2
    Re: need Help - MBNA CCard

    p.s. tick in the box means it's enforceable in that respect - YES, it is legal and that conforms with the Consumer Credit (Electronic Communications) Order 2004 which allows the signature in the signature box to be replaced by a tick box (ie for agreements made online after 12/04).
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • #3
      Re: need Help - MBNA CCard

      My initial advice - settle this! Come to some agreement, they 'know' they will win. Think of costs.

      Sorry but it's just too new.
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

      Comment

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