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Hello All,
New to the Forum and quite unsure of how it all functions. Apologies if I am in the wrong discussion.
Please could give me your valued opinions regarding a response from MBNA - its validity as an agreement and legibility
I have had a tough time with the covid epidemic. My business has been severely compromised and I continue to struggle to make it viable. I sent requests to all my creditors and have had co-operation from most of them who accepted my self-managed payment offers. With my MBNA Credit card which was applied for in 2000, however, they have simply ignored my requests and offered a month’s payment holiday. I then pointed out that they had hiked my credit limit several times without a request from myself when I was already in revolving credit and the result is that their irresponsible lending had compromised my ability to service their loan and others.
Their response was that I had been sent an email with the notice of increase of the limit and that I had used it after receipt of the email which was an acceptance of the changes. I recall no such email. I simply noticed a larger limit and used it during the panemic as I had no other choice at that point.
I then sent a CCA request in the hopes that the original limit would be on the document and the terms and conditions would clarify the extent to the debt which I had originally agreed. (I do have copies of old statements showing the lower amount being in place for several years)
They have sent me my original application, which I do understand can constitute an agreement if correctly worded with all the required terms clearly and legibly in place and signed by both parties.
This document is illegible and the rear - reverse page provided on a separate
sheet, appears to be a re-hash - certain elements are in large fonts and others in minute text which is impossible to read. I remember the rear being only a portion of this page without the T& C’s which could be a skilful addition. If so - they are truly unreadable.
They add a set of typed pages where clearly the references to the document purported to be the original, do not correspond - a reference to clause 9.1 is clearly not accurate as it refers to “statements" but from what I can make out on the “original” it refers to interest charges in that section.
I would value your opinion on these elements and their enforceability as I have no memory of the content of the reverse of the document which I believe to be different from the one I signed in 2000
Please Note:-
I have deleted you CCA copies please redact personal information and account numbers if you post on the site.
New to the Forum and quite unsure of how it all functions. Apologies if I am in the wrong discussion.
Please could give me your valued opinions regarding a response from MBNA - its validity as an agreement and legibility
I have had a tough time with the covid epidemic. My business has been severely compromised and I continue to struggle to make it viable. I sent requests to all my creditors and have had co-operation from most of them who accepted my self-managed payment offers. With my MBNA Credit card which was applied for in 2000, however, they have simply ignored my requests and offered a month’s payment holiday. I then pointed out that they had hiked my credit limit several times without a request from myself when I was already in revolving credit and the result is that their irresponsible lending had compromised my ability to service their loan and others.
Their response was that I had been sent an email with the notice of increase of the limit and that I had used it after receipt of the email which was an acceptance of the changes. I recall no such email. I simply noticed a larger limit and used it during the panemic as I had no other choice at that point.
I then sent a CCA request in the hopes that the original limit would be on the document and the terms and conditions would clarify the extent to the debt which I had originally agreed. (I do have copies of old statements showing the lower amount being in place for several years)
They have sent me my original application, which I do understand can constitute an agreement if correctly worded with all the required terms clearly and legibly in place and signed by both parties.
This document is illegible and the rear - reverse page provided on a separate
They add a set of typed pages where clearly the references to the document purported to be the original, do not correspond - a reference to clause 9.1 is clearly not accurate as it refers to “statements" but from what I can make out on the “original” it refers to interest charges in that section.
I would value your opinion on these elements and their enforceability as I have no memory of the content of the reverse of the document which I believe to be different from the one I signed in 2000
Please Note:-
I have deleted you CCA copies please redact personal information and account numbers if you post on the site.
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