MBNA have no record of a signed contract

D

DublinCeltic

Registered User
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33
Hi all, just looking for a bit of advice.
I had a credit card with mbna and i stopped paying what i owe due to financial reasons and also as i noticed a change in the interest.
I wrote a letter to them asking for a true copy of my agreement which i received but it didn't contain my signature.
It has since been passed onto a debt collection company and i told them the situation about the difference on their contract and the original one that i had.
They told me they would get back to me when they speak with mbna.
They rang me back and said mbna had no copy of my agreement and that i probably just applied online, i cannot remember which way i applied as it was in 2006.
I was also told that they often change the apr but surely they would have to inform me if they do this ? The debt collection company want me to send them the copy i have but i am not sure if this is the best way to sort this out.
I have no problem repaying what i owe but with two conflicting interest rates i do not know what the actual amount is.

Any suggestions ?
 
Ignore the Debt Collection Agency as they have no legal standing. Your business is with MBNA anyway.
If they cant provide you with the true contract then they cant bring you to court for breach of that contract.
 
MBNA as with all credit card providers can change the rates they charge. Often, they simply have to publish the changes in a National newspaper but usually you get a note about it. I wouldn't read too much into the rate on the original contract. Rates change all the time.
 
redbhoy said:
So a 3rd party can get involved in a breach of contract where there is no contract??

http://www.irishstatutebook.ie/1997/en/act/pub/0026/sec0011.html#zza26y1997s11
Click to expand...

Stop giving legal advice when you obviously know nothing about it. The OP has a copy of a contract. He borrowed money on the credit card. MBNA say they can't find the agreement but probably could if they really looked. MBNA are perfectly entitled to pass the debt onto a debt collection agency.
You go to court and say yes I borrowed money over a preiod of time and yes I have a copy of the agreement but since MBNA don't, I am not paying them back. Do you want to hazard a guess based on your legal skills what a Court would say?

I am not a solicitor by the way. Plenty on this forum who give good advice. I just wish people would stop advising people to ignore things based on some perceived legal loophole that they think they discovered through a 5 minute internet search.
 
Sunny said:
Stop giving legal advice when you obviously know nothing about it. The OP has a copy of a contract. He borrowed money on the credit card. MBNA say they can't find the agreement but probably could if they really looked. MBNA are perfectly entitled to pass the debt onto a debt collection agency.
You go to court and say yes I borrowed money over a preiod of time and yes I have a copy of the agreement but since MBNA don't, I am not paying them back. Do you want to hazard a guess based on your legal skills what a Court would say?

I am not a solicitor by the way. Plenty on this forum who give good advice. I just wish people would stop advising people to ignore things based on some perceived legal loophole that they think they discovered through a 5 minute internet search.
Click to expand...

The OP doesnt have a copy of the contract. Doesnt a contract have to have a signature on it??
 
redbhoy said:
The OP doesnt have a copy of the contract. Doesnt a contract have to have a signature on it??
Click to expand...

Not necessarily. He has a copy of the Agreement. He borrowed money on the back of that Agreement. He can't just turn around now and say I am not paying because you can't find a copy with my signature. If he was so concerned, he should have gone looking for a signed copy before he spent on the credit card.
 
OP cant remember how he/she applied for cc so how does he/she know this is the actual true copy if there is no signature on it?
 
This no signed contract for a credit card nonsence is really snow balling, might end up really hurting a few nieve people in the long run..
 
False hope is sometimes more painful than no hope, as reality has an annoying habit of slapping you in the face sooner or later.

When I had an MBNA credit card it clearly stated on the back of the card ''By the use of this card the Customer agrees to MBNA Terms & Conditions'', so I was never under any illusions about owing them money that I spent using it.

OP, you don't have a leg to stand on, & anyone who tells you otherwise is giving you false, misleading & extremely irresponsible advice.

If you had issues with interest rates, you should have paid what you thought was correct, & taken issue with MBNA regarding the difference, instead of paying nothing & ignoring the debt.

You could still work out what you feel you owe them, pay that amount & take the issue of the difference up with them.
 
OP, my advice would be not to listen to redbhoy's advice in this situation. +1 to waht papercut and sunny have said.
 
Op, for your own sake, Pay what you owe. If this it goes to court you will be ripped apart for your stance.
 
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