Virgin (MBNA) Credit Card / PRA Group - Iredeemably Unenforceable!

[Roger]

Only something i read on another forum,wonder if anyone on here had any 1st hand experience of mbna pre 2007?

I came here from other forums and had made a whole series of mistakes.
Whilst there are Cases where CCA have been adjudged UE it doesn't automatically follow,
There are many reasons other than just the CCA for why a Debt is UE.

You cite Virgin MBNA and PRA but it would be helpful for yourself and for the MODS if you could perhaps set out your specific Case in a Diary format!

.
Now if you have a response to s78 CCA request (plus £1) then send a unredacted copy to Niddy and he will advise as to UE or Not .

To help me, to help you, please provide the following information for each account:

• Type of account (credit card/loan)
• Date commenced (ideally before Apr 2007)
• Approx balance
• Date last paid (approximate date you last made a FULL payment)
• Are you on arrangement or not paying
• Status (default/in arrears/up-to-date)
• Account owner (who is writing to you, a DCA or the lender)

Providing the above information, for each account helps me. Then, when you start the process lay your diary out in a format like this example

--->

Example of perfect layout

[The Tech Clerk]

most pre 2007 CCAs had faults in cases, but there is a lot of things which might be at fault, no straight forward YES/NO as you will find out\ Oh! many have on here and some have lost in court so no definative answer, but there are people on here who can assist as the area is vast ?

[Andy cab]

Only something i read on another forum,wonder if anyone on here had any 1st hand experience of mbna pre 2007?

[The Tech Clerk]

Are all mbna cards pre April 2007 found to be unenforceable?

Care to enlighten us? - elaborate ?

[nightwatch]

Are all mbna cards pre April 2007 found to be unenforceable?

it depends on some things , you need to elaborate.

[Andy cab]

Are all mbna cards pre April 2007 found to be unenforceable?

[Roger]

I have replied in your UE Diary. Niddy has replied UE. No point in a letter ping pong send a LBA

[fuzz66]

I have already had Niddy look at my Virgin (MBNA) agreement and came back as UE.(its in my UE Diary), Can I assume this also applies if it was taken out online?

[Never-In-Doubt]

Re: Virgin (MBNA) Credit Card / PRA Group - Iredeemably Unenforceable!

I have a pre-2007 Virgin account that I'm currently making monthly payments on to PRA. They sent what looked like a good CCA response when I requested it.

So is it time to stop paying?

Send it over via email please.

[nanna58]

Re: Virgin (MBNA) Credit Card / PRA Group - Iredeemably Unenforceable!

Maybe let Niddy take a look x

[Grassy_K]

Re: Virgin (MBNA) Credit Card / PRA Group - Iredeemably Unenforceable!

I have a pre-2007 Virgin account that I'm currently making monthly payments on to PRA. They sent what looked like a good CCA response when I requested it.

So is it time to stop paying?

[Never-In-Doubt]

Re: Virgin (MBNA) Credit Card / PRA Group - Iredeemably Unenforceable!

So are all Virgin CC UE?

No. ONLY pre 04/2007 as stated in my first post on the thread.

Anything after 04/2007 cannot be Iredeemebly UE as a judge has no power to award such. There are no possible ways to win UE post 04/2007 as the CCA repealed the parts we'd usually rely on.

Yes s.87/88 etc still stands but that would only offer a discontinuance not a statement of UE by the court.

[Never-In-Doubt]

Re: Virgin (MBNA) Credit Card / PRA Group - Iredeemably Unenforceable!

Niddy possibly skim read and say "pay attention to this". Did I actually say it was UE cos if post 04/2007 (ie s.127(3-5) was repealed) then it won't be. Fact (it's impossible)

The reason 04/2007 is because IMPORTANT elements of the CCA were repealed then. Look at s.127(3) 127(4)(a) - as enacted - for instance

[julian]

Re: Virgin (MBNA) Credit Card / PRA Group - Iredeemably Unenforceable!

Yep I do understand that pre-April 2007 are re easily UE. However, as Niddy states on another thread today Virgin// Moorcroft that a Virgin CC from October 2008 is UE, I am confused. It doesn't take much to confuse me.

So are all Virgin CC UE? Or is it on case by case basis post April 2007, as all others?

[oscar]

Re: Virgin (MBNA) Credit Card / PRA Group - Iredeemably Unenforceable!

Is there a reason that it only applies to pre-April 2007, and not May 2007? Anything specific? e.g. Signature related? or Did they change the Website application form or Ts & Cs?

Due (In part) to the prescribed terms. Changes to the law were made in April 2007 which negates the reasons of success.