Virgin Card - Mbna Cca Is It Valid??

[toto003]

Hi Bozalt,

 

I have looked at your agreement carefully and it is extremely similar to my agreement.

 

pt has already touched on this - but I dont think it will hurt to mention it again.

 

It is my opinion that your agreement is unenforceable, based on the fact that they have failed to state the interest rate.

 

If you read sections 1e and 1g VERY carefully,

 

1e: is a list that tells you the interest rate for transactions made within the promotional period (in this case the first 6 months)

 

Then it goes on to say - "in all cases we will then charge interest as shown in paragraph 1g ... "

 

Breach #1:

Now when you refer to paragraph 1g, there is a chart that states APR and monthly rates for three credit limits, £1,000, 3,000 and 5,000

 

The Credit Limit on your agreement is £4,000.

 

Breach #2:

Section 2 explains interest rate charges for handling fees etc and also refers back to section 1g - and therefore doesn't cover your credit limit amount.

 

I am sure there are other issues - especially the section on repayments. I am confident it is missing all the prescribed info - possibly because it refers to interest charges.

 

hope this helps.

[toto003]

HI Landy,

 

I kept my card-carrier copy -

 

I have posted a copy of the front side in the first post on my thread

 

here:

http://www.consumeractiongroup.co.uk/forum/mbna/178525-toto-mbna.html

 

If you want me to post up the reverse I can scan it and do so.

 

That copy (from Nov 2004) also makes the same mistake with a failure to state the rate of interest for revolving credit (a prescribed term) ... among other problems.

 

I have heard of the old MBNA argument that the Card and Card-Carrier are "one document" and in my opinion it doesnt hold up (Some Judges seem to think differently) - as it is impossible to sign the card while it is still attached.

 

But for an agreement that doesnt contain the all the prescribed terms, the point is moot.

 

hope this helps.

 

toto

[toto003]

@ Landy - Read my post #49

here: http://www.consumeractiongroup.co.uk/forum/mbna/175080-virgin-card-mbna-cca-3.html#post2088107

 

If you check your Card carriers - they all probably have the same flaw as mine.

 

@Underdog

I have never signed a single card I recieved from MBNA - and I still have them.

 

unfortunately, I did sign a form some kind of agreement form they sent

[toto003]

I don't think MBNA have kept copies of card carriers as no-one seems to have had these in response to CCA request? This is what I can't seem to understand - the application was made then card was sent out attached to carrier. Where in the process was a proper agreement made with both parties signing same document? I don't have a copy of the application and MBNA don't have a copy of the card carrier. We have kept card carriers too but they are flawed for the same reason as application form as toto says.

x

 

have a look on my thread IFTL - In my case (I think this is the same for online applications made pre-DEC 31 2004)

 

A CCA was sent to be signed and returned before a card was issued.

 

and the card carrier + card was the "customer copy" of the slip they signed and returned.

 

I have a very very good memory for recalling exact words in conversation. My online application was referred and I had to phone MBNA before it was "approved" (possibly due to the "high" limit) - and the process was explained to me by an employee;

 

"There is no way we would issue a card or process any balance transfers until that signed slip is in our possession"

 

Perhaps the process was slightly different for "manually" filled in application forms.

 

hope this helps

 

toto

[toto003]

HI Bozalt,

 

you have probably read enough threads to know about all this "Partial Settlement" etc garbage that MBNA and friend's try on.

 

IF you do decide to make a deal, please make sure it is Full & Final, in writing. - and that they agree to remove any negaative credit reference info.

 

otherwise.

 

well done!