mbna online agreement-unenforcible?

[cds]

Hi

 

I have recently recived my credit agreement from mbna-online application from october 2005.

 

It has the tick box and has been ticked,and has all the prescribed terms. Looks watertight to me!

 

The Consumer Credit Act 1974 (Electronics Communications) Order 2004 states:

" 176A Electronic transmission of documents

(1) A document is transmitted in accordance with this subsection if-

 

 

• (a) the person to whom it is transmitted agrees that it may be delivered to him by being transmitted to a particular electronic address in a particular electronic form,
   
  (b) it is transmitted to that address in that form, and
   
  © the form in which the document is transmitted is such that any information in the document which is addressed to the person to whom the document is transmitted is capable of being stored for future reference for an appropriate period in a way which allows the information to be reproduced without change.
   
  Nowhere on the agreement does it ask my permission to have the executed agreement delivered electronically.
   
  Does anyone think this omission is relevant?
   
  If so, this would make the agreement incorrectly executed and unenforcible as there was no right to cancel information provided either.
   
  Any thoughts?
   
  cds
  

[cds]

bump

[Gazza112]

Hi CDS

 

Could you scan your agreement and post it up on here, leaving out all your personal details and where take a look for you.

 

Gaz

[busby1]

Hi

 

I have recently recived my credit agreement from mbna-online application from october 2005.

 

It has the tick box and has been ticked,and has all the prescribed terms. Looks watertight to me!

 

The Consumer Credit Act 1974 (Electronics Communications) Order 2004 states:

" 176A Electronic transmission of documents

(1) A document is transmitted in accordance with this subsection if-

 

 

• (a) the person to whom it is transmitted agrees that it may be delivered to him by being transmitted to a particular electronic address in a particular electronic form,
   
  (b) it is transmitted to that address in that form, and
   
  © the form in which the document is transmitted is such that any information in the document which is addressed to the person to whom the document is transmitted is capable of being stored for future reference for an appropriate period in a way which allows the information to be reproduced without change.
   
  Nowhere on the agreement does it ask my permission to have the executed agreement delivered electronically.
   
  Does anyone think this omission is relevant?
   
  If so, this would make the agreement incorrectly executed and unenforcible as there was no right to cancel information provided either.
   
  Any thoughts?
   
  cds
  

 

Hi cds,

does your cca look like mine?

 

http://www.consumeractiongroup.co.uk/forum/mbna/179562-mbna-cca-request.html

 

cheers.

[cds]

mine is exactly the same as busby1 but dated oct 05 if that helps

 

cds