MBNA/Restons claimform - old A+L Card **WON+COSTS**

[fairbyblue]

No i dont think so, the next page of agreemnt states executed by Jhon Black Director for MBNA on 30/11/05 but on court summons it says for 'contract dated on or about 6/12/05'

 

I think there letter saying withdraw defence and make offer of payment is a little unfair as im already paying the agreed amount.

[cadencealex]

After which year/date are online signatures accepted as a CCA?

[fairbyblue]

Dont know but does this have any bearing on it.

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/152067-cca-not-required.html

[angel_1]

hiya,

 

so if this is what they have sent as an online application form , the tick box is the signature, but im not upto date yet at the legalities of the online application with the tick,,

 

click on the trinagle and see if one of the experienced cag members will come to your aid to explian it better than me to understand what has been sent exactly and what does this mean for you

 

i too have got a bit of the same with an online application will check in later for the advice you have been given

 

laters angel x

[supasnooper]

How was the application made for this card ?

[cadencealex]

Dont know but does this have any bearing on it.

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/152067-cca-not-required.html

 

 

 

I would assume so, but companies are saying that as you agreed online, you accepted their terms and conditions.

 

I was querying it

[fairbyblue]

How was the application made for this card ?

I had online account with a and L so presumably on line but im think i may of signed something and sent it back but i cant be 100%sure.

 

Can they say withdraw defence and make offer when agreed payment is already in place and upto date. I think its one below bullying

[supasnooper]

hiya,

 

so if this is what they have sent as an online application form , the tick box is the signature, but im not upto date yet at the legalities of the online application with the tick,,

 

click on the trinagle and see if one of the experienced cag members will come to your aid to explian it better than me to understand what has been sent exactly and what does this mean for you

 

i too have got a bit of the same with an online application will check in later for the advice you have been given

 

laters angel x

 

 

If the application was made online then a tick will suffice as a signature.

 

the legislation for this - The Consumer Credit Act 1974 (Electronic Communications) Order 2004

[fairbyblue]

oh bum.

 

What shall i do?

I contacted court and it has been stayed as they had till 2/2/09 to respond to them and they havent but she did say they are only processing 29/1/09 applications.

[angel_1]

If the application was made online then a tick will suffice as a signature.

 

the legislation for this - The Consumer Credit Act 1974 (Electronic Communications) Order 2004

 

 

thanks supasnooper for the link, id had it once and id lost track of it

 

so for fairyblue this is what the agreement is - the tick box is the signature, i have had just a small peice of paper returned to me from alliance and leicester with this tick but nothing with the full terms and conditions attached,

 

not sure what fairyblue has been sent other than this tick box and info that has been scanned on this thread so far

 

would we need to be given the full terms and conditions, i mean anyone using my pc could apply and surely we would need to be send some other evidence to show time and date the processing of the online application?

 

sorry to jump in fairyblue, just thinking outside the box here to try and get a bit of advice since you are now facing the court action and now how would your defence should be in light of this new information being sprung on you at such a late time, if this is the evidence of what you have been asking for why being supplied so late in the day,,,.pls forgive me just my thoughts out loud

 

hope someone can come on and help you now you face this new info being given to you

 

keep positive and i will check in laters have to go out now, angel x:cool:

 

Am back after reading the full thread.........

 

 

My other thoughts are now, why have they left it so late to provide the info of the cca, ?

Can this be legally challenged by fairyblue??

what will now happen ?

 

 

hope you get some positive and helpful advice on how to move forward,,,,laters angel

Edited February 11, 2009 by angel_1
updated my post after reading the full thread

[supasnooper]

I'm not really that au fait with online CCA's and hope that someone with more knowledge on them can post up what is supposed to be sent.

 

Fairby,

 

Are there any other papers with your name & address that can be linked to the credit agreement page ?

 

Going back to your DN, would there be any penalty charges included in the figure they have stated to make it invalid ?

 

Another tack you may wish to take is to pursue MBNA for Non-compliance of your SAR request (take them to court and claim for damages) and also report them to ICO (which will cost them £500.00).

[cadencealex]

If the application was made online then a tick will suffice as a signature.

 

the legislation for this - The Consumer Credit Act 1974 (Electronic Communications) Order 2004

 

That is, if it is signed AFTER December 2004?

[angel_1]

hiya all

 

im back

 

really its costs them 500.00 if we report to ico?? is that before we can take the company to court does it have to go to ico investigation first, or can we seek a court order at the same time?

 

that would be good for you to look into fairyblue

 

im off to have a bit of lunch fingers crossed you laters angel x

[supasnooper]

You can do both at the same time.

 

Reporting them to ICO can be done online.

 

Complaints - Privacy & electronic communication - ICO and follow the Data Protection link.

 

I believe the courts award damages of around £250 for non-compliance (and not sending a CCA as part of a SAR is a big boo-boo). The link may state that you need to send a LBA, I wouldn't bother with it.

MBNA know the law and should be made to account for their ignorance.

 

Data Protection Act: Non-Compliance - Consumer Wiki

[fairbyblue]

I'm not really that au fait with online CCA's and hope that someone with more knowledge on them can post up what is supposed to be sent.

 

Fairby,

 

Are there any other papers with your name & address that can be linked to the credit agreement page ?

 

Going back to your DN, would there be any penalty charges included in the figure they have stated to make it invalid ?

 

Another tack you may wish to take is to pursue MBNA for Non-compliance of your SAR request (take them to court and claim for damages) and also report them to ICO (which will cost them £500.00).

 

Back in work now so cant post docs up till later but there are i think about 4 sheets of paper for the credit agreemnt the front one with my name and addy on but looks a bit amaturish ie copied and doctored.

 

There will be charges in there but have to work it out. I was a bang up to date payer so didnt have charges during lifetime of agreemnt then it all went pear shaped so i think the charges would be at the end when they stoppped charging interest and i made agreement with them to pay.

 

I am getting disheartend as im paying and yet they stil want to stich me up.

[supasnooper]

I can't add anything further until the docs are scanned and posted up.

 

What I'm trying to get at about the docs is -

 

1/ Are they linked in any way i.e. page numbers ?

 

2/ Are they the originals ?

 

Do you think that Restons or MBNA trying to pull a "cut & paste" stunt to try to get you to back down ?

 

Remember what CPR16.7(3) says - Bring the original agreement to court.

 

A copy will not do as it can be taken apart by questions, questions and more questions.

 

Have a read of this -

http://www.consumeractiongroup.co.uk/forum/show-post/post-1909703.html.

 

there is also an x20 post that you should read but I'll dig that out later.

[creditcardmug]

That is, if it is signed AFTER December 2004?

 

Thats the date the Act was passed, but the date it was enacted was later, i dont know the date, but someone on here does, i saw it the other night, will try to find it....its important because after that date an online tick will suffice...before that date they had to send the agreement for you to sign.

[cadencealex]

Thats the date the Act was passed, but the date it was enacted was later, i dont know the date, but someone on here does, i saw it the other night, will try to find it....its important because after that date an online tick will suffice...before that date they had to send the agreement for you to sign.

 

 

I thought so. I found it was passed in December 2004 but the actual date is very important.

[supasnooper]

As referred to earlier - x20's post

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1776334.html

 

 

and finally why not question MBNA's electronic document management system -

 

Document Management, Document Imaging, Document Scanning | Archival

[supasnooper]

Thats the date the Act was passed, but the date it was enacted was later, i dont know the date, but someone on here does, i saw it the other night, will try to find it....its important because after that date an online tick will suffice...before that date they had to send the agreement for you to sign.

 

 

I think it came into force on 31st Dec 2004 but will check.

[fairbyblue]

I can't add anything further until the docs are scanned and posted up.

 

What I'm trying to get at about the docs is -

 

1/ Are they linked in any way i.e. page numbers ?

 

2/ Are they the originals ?

 

Do you think that Restons or MBNA trying to pull a "cut & paste" stunt to try to get you to back down ?

 

Remember what CPR16.7(3) says - Bring the original agreement to court.

 

A copy will not do as it can be taken apart by questions, questions and more questions.

 

Have a read of this -

http://www.consumeractiongroup.co.uk/forum/show-post/post-1909703.html.

 

there is also an x20 post that you should read but I'll dig that out later.

 

Heres what you wanted and a few of my observations.

1. Not sequentially numbered pages in fact no numbers at all

2. No logos for MBNA or alliance and leicester

3. A big space at top of page 1 and a 15 digit ref number that means nothing to me bang in middle of it in a different font.

4. my name address and post code all on one line squeezed in.

5 black lines around outside of paper where they have photocopied

6 two black dots in top of corner of every page where it had been stapled previously.

 

I have a couple of charges on the account but cant work out the exact amount that it should be so dont know if its wrong. You need to be a maths whizz.

Anyway what do i do? Help and for all the previos help a big thank you. I go through up and down about 10 times a day.

 

 

[tiokim]

This must be the 5th short or holding defence that has resulted in the OC or DCA applying to court for summary judgement that I have seen in this forum.

[fairbyblue]

So is that a good or bad thing for me, i am getting very twitchy. A summary is without a trial to test the evidence?

[bazaar]

Now this is me just thinking out loud::

OK Did they also send you IP address related to you?

Are they absolutely sure that Jonathen Back ( Director) executed your application??? Where was he on this date? on vacation maybe,

can he be called as a witness?

I would be requiring the court to force disclosure of the IP address and locator details to be shown to ensure you have agreed to this.

 

You are currently paying them so why drag you through court??

The court wont make you pay any more if you cant afford it, so you can ask for sight at court of these 'original agreement' docs

[fairbyblue]

Now this is me just thinking out loud::

OK Did they also send you IP address related to you?

Are they absolutely sure that Jonathen Back ( Director) executed your application??? Where was he on this date? on vacation maybe,

can he be called as a witness?

I would be requiring the court to force disclosure of the IP address and locator details to be shown to ensure you have agreed to this.

 

You are currently paying them so why drag you through court??

The court wont make you pay any more if you cant afford it, so you can ask for sight at court of these 'original agreement' docs

 

No IP address or locator, dunno if Jonathan Back executed cos he might of been spending his bonus!!!! and hes jumped ship to another company.

http://findarticles.com/p/articles/mi_pwwi/is_200803/ai_n24931872

 

 

I just dont why the problem as I am still paying them the agreed £12 direct to MBNA and i have account details to prove it when they sent a statement.

I think this is being vindictive but dont like restons when they say

"we are instructed to apply for summary judgement. this may be avoided if you withdraw your defence and make offer of payment.

 

I am making the agreed payment with MBNA and also when i first recieved letter from restons i made increased offer to them and that was rejected by them.