I am taking MBNA to court. However, isn't it time these delinquent were finally dealt with? Everybody who has been dealt illegally by MBNA should write to their MP. They certainly are the worst credit company around. It's really time they started abiding by the law. They willingly and repeatedly break the law because they get away with it.

Even if there have been repayments, without an agreement they cannot stste you agree to their terms, plus the CCA 1974 is clear in stating that without a 'oprevious signed agreement' the debtor is 'not liable'. The agreement must be signed, include details and prescribed terms and be delivered 14 days before the credit card in order to be valid. The terms and conditions are not written in the bills and bopth CCAs make it clear that it is the onus of the creditor to provide information to the devtor. As the terms and conditions are not written on the bills, the debtor cannot be expected to 'work them out' from the bills. Only a court can enforce an unsigned agreement, credit companies have no right whatsoever to enforce such agreement, as stated in the 1974 CCA. One needs to notice that such unsigned agreement apply to cases when friends lend money to friends, in which case, a court may decide to enforce an oral agreement.

I have never signed an agreement. End of story. They have produced a copy of an 'agreement' with no details and no signature. Every time I asked them where was my signed agreement they failed to produce one, moreover, I do not remember signing an agreement, nor ever seeing one before recently. They have simply 'mucked it up' big time in my case. I could say they have no signed agreement, it makes no difference. The thing is, they have a printout with someone's name (not exactly mine) on it, and no signature. I am not saying they lost the agreement, they simply never had it.

Here I detect a flaw, an agreement is by definition (plus 1974 CCA 61.1) agreed between two parties, if one party has not signed an agreement, then the other cannot dictate the terms of such agreement. Also the CCActs define a default as the failure to pay accordibng to a regulated agreement, iif there is no such agreement, there cannot be a default based on it. The onus is on the alleged creditor to show that they are owed a debt, and they should stop using credit rating agenciies as their back up plans. Personally, I have contacted the agencies, and though they cannot renmove the default (though they will when a CCJ tells them) they have entered a warning about the reliability of the information received from MBNA>

Good luck with it, have a look at the 1974 and 2006 Consumer Acts, there is not much they can do to enforce an agreement that was not signed, even if they prove they have given you money, they cannot prove you have agreed to the conditions, nor that you have agreed to pay it back. The irony in my case is that while the ICO agree there is no agreement, they still say that I have a 'legal liability' for the debt, yet this literally contradicts the law, and as they are no judges, they cannot interpret it. I have passed the whole matter on to a solicitor.Whjat THEIR polocy is does not matter; there are laws about it and no onecan act outside them. You will find there are hundreds of rulings against enforcement, your case seems to fall within a long history of rulings against, mine ticks all the boxes (from absence of signature, to no prescribed terms, no CCA ever sent to me, 'enforced' overdraft, failure to stop the card when declared stolen, yet £200 withdrawn after such declaraion, double charges for 'late payment', changes in uinterest which were never communicated, Default entered before notice was served, wrong name on what they call agreement- a printout rather than an agreement, and every time I paid the difference of the arrears, they deducted it from their withdrawals to keep me overdrawn, I forgot, no agreement to withdraw money from my bank account, a clear case of fraud). I will of course ask for damages, and considering I am terminally ill, I will add that to their bill...

Which rulings? The ICO stated that despite the agreement being unenforceable (there is NO agreement) I have a 'klegal liability'. That literally contradicts the words of the 1974 CCA, which states a debtor is 'not liable' for unsigned agreements. As the ICO are not judges, they have no right to interpret the law.

Hello, I have sent this to the ICO, spelling out the law for them... I am sorry to inform you that your reply to my previous letter does not satisfy me. The Consumer Credit Act of 2006 12(1) states that a “default sum becomes payable under a regulated agreement by the debtor or hirer”, as such regulated agreement does not exist, any default entered against my person would be in breach of the Act. Moreover, 12(2) of the same act states that “the creditor or owner shall, within the prescribed period after the default sum becomes payable, give the debtor or hirer a notice under this section”; as it is evident from the documentation I have forwarded to you in my previous correspondence, MBNA have sent me a default notice after having entered the default, not before, which is confirmed in the letter from Esperian. This again, is in breach of the Act, therefore such default is not legal. I would also here like to refer you to section 88 (2) of the 1974 Consumer Credit Act. In your letter, you also state that a credit agreement clearly exists yet I do not believe such agreement does exist. What exists is an unsigned printout with Adriano Bulla Bulla’s name on it and the ironic heading ‘Credit Card Agreement Regulated by the 1974 Consumer Credit Act’. That does not constitute an agreement, as the 1974 Consumer Credit Act, 61 (1) (a) clearly states that an agreement is a “a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner”. Such printout does not contain the prescribed terms, nor is it signed, therefore does not constitute an agreement, in fact, the very fact that I have never signed an agreement by definition implies that no agreement was ever stipulated. An agreement cannot by definition be a unilateral statement. You also refer to section 15 of the 2006 Consumer Credit Act, which repeals Section 127 (3 and 5) of the 1974 Act: this section gives magistrates the freedom to enforce an imperfectly executed agreement, however, I would suggest that that is a matter for the judiciary to discriminate upon: MBNA cannot assign to themselves the role of the judiciary. The 1974 Act, (65.1) clearly states that “An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only [italics mine]”. This, still ignoring the fact that what I am referring to is not an improperly executed agreement, but the absence of an agreement (unless one would like to call such piece of paper an agreement) and ignoring the fact that there is no interest rate nor credit limit stated on such piece of paper. Finally, under sections 77 and 78 (4) of the 1974 Act, as the account was in dispute, MBNA were not allowed to take any enforcement action including but not limited to asking for payment, applying charges or interest and communicating with any third party regarding the account, including credit reference agencies; they are therefore in breach of the 1998 Data Protection Act. The fact that MBNA have tried to neglect my disputing the account, which however, is evident from the documentation they sent me when I requested an SAR, is an aggravating factor on their handling of the dispute; I had in fact informed them of their legal obligations in my dispute, yet they chose to ignore it. You also state that there is a “clear legislative intent that the absence of a signature on a credit agreement should no longer be an absolute bar to enforcement”. This does not seem to be the current judiciary trend, as one could quote hundreds of cases where the judiciary has ruled against the alleged creditor for breach of one section of the Acts, while I am sure I have outlined a series of breaches. I would finally like to draw your attention to the fact that while such ‘piece of paper’ presented by MBNA as an agreement does not have my name on it, but Adriano Bulla Bulla’s, the defaults entered (as I said prior to an official, and incorrect notification vide CCA 2006, section 14) are in my name. To conclude, I dispute not only the existence of such agreement, its regularity, its being in my name, but also the irregularity with which a default based on such agreement was entered with credit rating agencies, which alone should be sufficient to dispute such default. In your letter, you state that there is a legal liability to a loan, however, in the absence of a credit card agreement, there cannot be such legal liability, unless the implication is that MBNA’s illegitimate claim with no proof or evidence to support it should be taken as valid, which of course is not legally viable. It is legally up to the creditor to demonstrate the existence of the loan, in the absence of such demonstration, the debtor cannot be assumed to be guilty of a default. This would contradict the very heart of our and the EU legal system. I am not aware of any law that distinguishes between a ‘legal liability’ and an ‘unenforceable agreement’. To be precise, the 1974 Act explicitly and a states that the ‘debtor is not liable’ (66.1). This clearly states that there is no legal liability. I therefore refute any legal liability, unless dictated by the law, and cannot take anyone’s judgement, except a magistrate’s, on my liability for such loan. I do not dispute that creditors should know of defaults in payments of debts; however, such defaults must be within legal terms, and cannot be arbitrarily imposed upon the alleged debtor or hirer. One cannot state that an alleged creditor’s claim is illegal yet at the same time there is a ‘legal liability in relation to a credit’. Having entered a default against me, MBNA have made a statement which is legally untrue, therefore untenable. MBNA have behaved appallingly throughout this matter, to the point that I have been advised to take them to a CCJ. As to the alleged existence of a loan, I must state that MBNA have taken £2,500 from my account for an alleged loan of £2,000, yet have not produced a direct debit agreement, which I intend to have fully returned through my bank, Barclays. I would also here like to point out that in the SAR documentation MBNA have produced a different Credit Card Agreement (still unsigned and lacking prescribed terms) from the one they sent me on my request, with an accompanying letter stating that that was the CCA I requested; I therefore suspect that they are trying, in vain, to falsify evidence. They have also sent me a letter stating that the agreement I have forwarded to you does not contain the legally prescribed terms because I had not asked for them, which, of course, cannot be defined otherwise as legal nonsense. They still have failed to produce any sort of agreement to date. I look forward to hearing from you,

I have had an invalid default as well, written to the ICO but so far they have failed to understand that if there is no valid CCA there cannot be a valid default on it. I have written again, this time, spelling out the law... There was a funny phrase in the ICO letter, that I am 'legally liable' even if there is no CCA... Well the law says literally I am not 'liable' I wonder where the gentleman decided that I am liable when the law says the opposite... Anyway, I got a solicitor nnow. Quicker and safer.

They have entered a Default with Esperia, yet I had warned Esperia that the account was in dispute and they had no enforceable agreement. Esperia have asked them to investigate, ut say they cannot remove the Defaultr until MBNA tell them so. I will write to the Information Commissioner to get an enforcement against them. But can these credit rating agencies just take anyone's word as read? I keep thinking I should enter a Default against MBNA. If they don't need to provide evidence, neither do I... Yet I do have evidence of their teft.

How about if I sent them a letter requesting that they repay the money they got from my account as a loan with massive interest and late charges? As they think they can ask money without an agreement signed by me, so can I... I'eve just written to them requesting an SAR, and informing them that since they failed to provide a valid CCA, all their letters asking for money and disregarding the fact that the account was in dispute despiteb eing informed are evidence that they willingly and wittingly intend to break 2 laws: the Consumer Credit Act of 1974 and the Administration of Justice Act of 1970, which states that they cannot request money unless agreed in writing if an account is in dispute.

To be exact, I have wriitten to them pointing out that they should simply write it off. I'm sick of them, they cannot ask for money from me end of. I think they should be put out of business. Without a CCA, their claims are null and void. I do not actually have an MBNA card!!!!!

I already have written to MBNA putting the account into dispute, they have ignored me and kept threatening me. Plus, I never signed an agreement, they have the wrong name, have allegedly taken given me £2,000 but already taken out about £3,500 from my account. Surely, if someone owes money, it's them....

Now, the story is long. I got a card, went overdrawn because the balance at the time was not displayed in cash mashines, nor did they ever send me a balance till I went overdrawn. The card got stolen, they never replaced it. For years about 3 and a half years I paie them by direct debit. The amount changged every month, but in total it's twice as much as on borrowed. they would take the money out late from my account, and charge ME for the delay. When I tried to pay a bit mopre, they reduuced my payments to keep me overdrawn. If I was overdrawn by say 100 pounds, they would take a 'minimum payment' of £99.99, but said that to settle the overdraft I should pay £200 or more. Basically there was no way I could go back unless I paid. But numbers varied every month. No way to get in touch with them, I only managed once and asked if I could pay more than the 'minimum payment'. They said that that was their only option. Well, in the end, I spoke to my bank and they just said, 'MBNA, and you are still paying? Just cancel the direct debit.' Which I did. Suddenly MBNA managed to get in touch with me with an operator (always the same woman, I suspect it's a family rogue trader business). Well, at least I had a phone number, I was given extensions that don't exist, but that's not the point. I asked for a CCA,after months I got a printout with no details nor any signature. I wrote to them informing them that that was not a valid credit card agreement, that they are not allowed to enter a default etc... They stilll insist that they will.... How can I stop them? And above all, should MBNA be allowed to operate, given the number of illegal credit card agreements they seem to be claiming? Isn't it time they were made to face justice and put behind bars? Thanks

Now they have really ****ed me off, I've had to get Parliament on their case!

I've requested my CCA from MBNA. It took them a month to send it to me, and it's not signed by me, nor anyone else. There is no signature whatsoever, no loan agreement (in terms of amount), the name is wrong!!!!!!!!!!!! Anyway, I've not paid for the last two months now. I've already paid back much more than I owed them. 1- The card got stolen. I phoned afew times to get a replacement and they haven't even cancelled it (this is over years!!!) 2- They always charged me twice for being overdrawn. 3- They took the money out of my bank account late and then charged me for late payments (it was was by direct debit). 4- I phoned a few times to see how I could get out of the overdraft, and they told me that the only option available was the 'minimum payment'. Such minimum payment was basically just enough to keep me overdrawn. 5- If I transfered money onto the MBNA account in other ways, they always changed the minimum payment so that I would remain overdrawn. 6- Whether I paid extra or not, this minimum payment (considering the amount overdrawn was always about 1 penny every month) went from about 80 to 200 Pounds a month, with no apparent reason. I borrowed 2 grand and paid back so much more already. Should I take them to court?