Hi mbnaslayer, no problem, you go right ahead, this is all valid stuff. As a matter of interest I was sent the form below with my card, it does include some of the prescribed terms but nothing about defaults and no mbna signature.

Hi Gazza, thanks for coming back to me on those points. I've included a copy of my agreement above in an earlier post and this is an exact copy which I made at the time of application in 2003. I haven't done CCA or anything else yet, I was trying to establish the validity of their application/agreement before rocking the boat with them. If it transpires that the agreement is enforceable then I'd have to weigh up the risks of trying the CCA and eventual default route in the hope that i might have similar success to yourself and others on here. That may be a risk too far for me at present the way my luck is going, but it may be all I can do. thanks again.

Hi Gazza, yes I've read both your maba threads, thanks very much and well done on your results. Your agreement looked similar to mine (now included in post above) which led me to think I may be able to do something. I havenn't had a default yet and can see where you're coming from but to date I haven't missed a payment on anything and I'm struggling to come to terms with this scenario, even though there is some inevitability about this happening and very soon. It almost seems that it would be in my interest to force the issue, get the default and take it from there. I think I may be in for yet another sleepless night weighing this one up. Rondodiver, point taken, will have another go. I did wonder if I should write to them, make them an offer, enclose the payment and see if I could force their hand that way. thanks again to all, your help is appreciated.

mbnaslayer, thanks for your comments and I've read your thread which I'll follow and wish you success. I have attached a copy of the signed original App/agreement I sent to mbna in 2003. It is modified for the purposes of posting on here ie I have inverted the colour to make it more legible. The sidebar with the T&C's have been enlarged from their tiny font size again to make them more legible. Quality isn't great but hopefully good enough to read. I'd be very grateful to hear from any of the resident experts what their thoughts are on the enforceability of this agreement. many thanks.

Bozalt, many thanks for your consideration and comments, have read some of your thread and that of Sunflower plus a whole lot more and will read the rest later (is CAG reading addictive?) As I mentioned in my opening post the copy of my original application/agreement which I kept is laid out in similar fashion to Gazzas, hope he doesn't mind, I've tried to copy it over here. From reading various threads I think the main areas of contention would be the following and perhaps someone could let me know if any of these individually or collectively would be sufficient to consider the unenforceability option in court. a) There are 2 headers ~ CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 and then inside the box MBNA CLASSIC CARD APPLICATION FORM b) The sidebar containing the T&C's include the interest rates, APR etc. There is no mention of default notice or charges. The font size is very small and hardly legible without magnification. c) There is no mbna signature anywhere on the form nor on the form that came with the card attached which also included the T&C's but again no mention of defaults. many thanks.

Hello everyone on here, this site has been a mine of info (and a lifesaver for some I'd guess) and I hope I may find some assistance for my own circumstances. I won't bore you with detail, suffice to say financial matters have taken sudden turn for the worse as well as some personal issues. Homeowner (Jointly - with some equity) and a substantial balance on MBNA card. Spoke to them twice about their interest rate of 34%, the fact that until now have never missed a single payment (since 2003), now approaching some difficulty with the monthly minimum, is there anything that can be done. I was quite surprised by their lofty response, well let's face it they have me over the proverbial barrel. So I now wonder about the legitimacy of their agreement but not sure of the consequences of some of the recommended action suggested on the forum. My agreement (have copy of signed original on file) is similar to that of Gazza's - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/162249-mbna-cca-agreement-help.html The conditions down the left hand side included the interest rates etc, however there is no mention anywhere of default notice or related charges, there is no mbna signature, the side bar type face is extremely small and not legible without additional magnification. Unfortunately much of the background is very dark and probably would not copy well to show it on here. My question is - if after going through the motions of CCA the agreement were to be deemed enforceable can they force me to pay the full amount immediately (thereby necessitating property sale, forced or otherwise) or would I still be in a position to negotiate some kind of settlement, F&F or over a period. I have a payment due shortly which I can barely afford (bread & water from then on) but instinctively want to make rather than have a missed payment. Can someone be kind enough to give me some guidance on how best to approach this, Id be extremely grateful.