MBNA card debt sold to PRA group - does the returned CCA need my sig?

[farmersgirl]

Could someone please just confirm whether a cca from pre 2007 should contain the signature box.

I have requested one re an MBNA account and every time I request one the account gets sold on. Now finally I have one but it just has my name and address typed in the top.

I am aware that recent ones don't need the signature but have read somewhere that pre 2007 (this one is 2006)should contain the signature box. Would this be true?

[dx100uk]

unless you signed up online?

 

 

yes it must be signed

[farmersgirl]

Thank you very much. That is most helpful. I didn't want to request a signed one and look an idiot..

[dx100uk]

I assume you sent a CCA request then?

 

 

to whom?

 

 

tell us a bout the debt please

[farmersgirl]

It was a credit card with MBNA which fell behind when I was made redundant.

 

 

I made a CCA request initially back in 2009 and did not hear anything.

 

 

Eventually I received a letter from a DCA and I duly requested a CCA from them also.

Again I heard nothing.

 

 

This happened a couple of times and then I heard nothing for a couple of years.

 

 

A while ago I had a letter from Expertocredite (I think it was) and again I sent a CCA request - nothing until

 

 

earlier this year I received a letter from Aktiv Kapital.

I wrote to them and explained that I had requested a CCA on several occasions

and as such the account was in dispute and had been since (whenever).

 

 

I received a letter last week from Pra group (I believe Experto.Aktiv and PRA are one and the same?) enclosing my CCA.

 

 

It has my details at the top and then lists the conditions,

the fact they will set my credit limit,

what my payments might be and interest rate.

They also enclose other terms and conditions.

 

 

Where the signature box should be there is a small box with a tick in it,

who it was 'executed' by and date of signature.

I just wanted to make sure about the signature before I came to any arrangement with them.

[dx100uk]

did you take the card out online?

 

 

dx

[farmersgirl]

did you take the card out online?

 

 

dx

I don't think so but cannot be 100% sure. Not something I would normally do but it was so long ago.

[dx100uk]

with the letter

does it say

this is a reconstituted agreement?

 

 

dx

[farmersgirl]

Hi, The letter says:

 

'refer to your request for documentation regarding your agreement under sections 77 to 79 of the consumer credit act.

 

Please now find attached the original credit card agreement and terms and conditions provided to us by the original creditor

and we now look forward to your proposals for payment within 14 days.

 

Should we receive no response from you we will proceed with issuing legal proceedings.'

 

It is accompanied by said t's & c's and agreement with just my details printed on the top. It also states the interest rate was 15.9%

 

 

Quite insulted really as they couldn't find it in their heart to use capital letters for the initials of my name yet have my address in block capitals!

[dx100uk]

you either need to SAR MBNA

 

 

or ring them and ask how you took the card out

 

 

dx

[farmersgirl]

you either need to SAR MBNA

 

 

or ring them and ask how you took the card out

 

 

dx

 

Thank you. If I SAR them does tbat put the account on hold or should I negotiate something with them in the meantime

[dx100uk]

I thought the idea here was to not have to pay anyone?

 

 

if that's a recon CCA then doesn't pass the test if you did ever sign an agreement

 

 

if you did sign up online it does

 

 

pers I'd be ringing MBNA

[dx100uk]

can you scan up what you have received

 

 

there are various experts here that can look at the agreement

 

 

HOW TO UPLOAD DOCUMENTS / IMAGES ON CAGi

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IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG please ensure that you do a final check that all Personal Information including Barcodes, Names, Addresses etc. are REMOVED before carrying out the NEXT STEP

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[farmersgirl]

Think I have done it. Not very technically minded so hope they are ok.

[dx100uk]

where the other numerous pages of T&C's that should be with it?

 

 

if you look at other CCA returns on other threads here

that well short of all the T&C's, it goes to 17 I think.

 

 

pers I'd be ringing MBNA or sending an SAR ASAP

 

 

pers I think that CCA returns well short of being enforceable

even if you did sign online.

 

 

the other point to bare-in-mind is WHY did MBNA sell the debt?

 

 

the 'usually' indicates 'something' is wrong somewhere.

IMHO A'kleeners are trying in on here

 

 

dx

[farmersgirl]

Sorry, I didn't realise you needed those as well. These three (Doc's 4/5 and 6) came with it and also 7 pages entitled credit card agreement. Do you want those also?

I have done these rather quickly but if they are not clear enough I will do them again tomorrow.

[dx100uk]

everything they sent

put all the Pics into a word document FIRST

 

 

then PDF that please

 

 

single sheets take ages to download and digest.

[farmersgirl]

Hi again, think I have managed to do it right this time. All the sheets are in the document. I think there should be one more but they didn't seem to send '1 of 8'

[dx100uk]

1st pdf page 2 left doc

says £25 over limit fee

 

 

the latter it says £12

so the latter T&C's do not match the earlier bits

 

 

cut n paste jobbie

 

 

what date did you sign up please

[farmersgirl]

I'm not sure exactly but could have been 2006. Definitely before 2007.

[dx100uk]

go see your credit file

 

 

noddle below is free

 

 

dx

[farmersgirl]

Oh gosh. thank you for suggesting that.

 

 

It is something I have been thinking about for a while but thought it might be a bit painful..

 

 

actually was very interesting.

 

 

A couple of defaults on for unenforceable accounts (according to the company, not me)

which if I have read the sites latest email correctly I might be able to get them removed.

 

 

.anyway, that another thread.

 

The date I signed up for this was 18/4/2006.

[dx100uk]

then they'll need the signed agreement end of.

 

 

but in any case I don think those T&C's match that date

 

 

 

 

dx

[farmersgirl]

Thank you so much. Your help has been appreciated.