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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was sold a credit card at an airport by a person I assumed

Resolved Question:

I was sold a credit card at an airport by a person I assumed represented MBNA International Bank Ltd and told at the point of sale that the variable rate would move in line with base rate.
It did not, in fact it moved to the contrary. I raised this with the company and asked for a copy of the original agreement which they have failed to produce. MBNA International Bank Ltd do not hold a CCL according to my search of the register. A 3rd party who has been assigned the debt is now pursuing me for payment. Is the agreement enforceable?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What date was it signed please?
Customer: replied 2 years ago.

I think it was 1998-9 but will check when I can access all the paperwork

Expert:  Ash replied 2 years ago.
When did you last acknowledge or pay anything towards the debt?
Customer: replied 2 years ago.

I last paid in 2008 after which I made repeated written requests for copy agreement all of which were ignored by MBNA. In Feb 2009 they sent me a photo copy of an agreement which was illegible with separate terms and conditions which were not a part of the original agreement.

They now confirm that they have no copy of the original.

Expert:  Ash replied 2 years ago.
Thank you. Then in any event its statute barred. They have 6 years from the date of last payment or acknowledgment of the debt to bring proceedings. This has not been done, so its out of time.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Restons Solicitors commenced proceedings against me on 28 july 2014 and I filed a defense based on the fact that the agreement was misrepresented to me. They did not respond within 28 days and the action has been stayed since. Last week they applied to the court to lift the stay and strike out my defense on the grounds it has no reasonable grounds.

So the answer to my original question is still needed please?

Expert:  Ash replied 2 years ago.
They must provide a copy of the agreement. However the law says it does not need to be the original it can be reconstituted. But they must provide a copy or the court can not grant judgment to them.
Does that clarify?
Alex
Customer: replied 2 years ago.

It is the specific issue of the CCL which I an interested in.

MBNA International Bank Ltd are not showing on the register as holding a CCL. I have a reconstituted copy of the agreement.

I was informed at the point of sale that the variable interest rate would move in line with base rate and it did not. If they were not licensed to solicit for credit off trade premises then is the agreement enforceable.

Expert:  Ash replied 2 years ago.
No it would not be enforceable because they need permission for off trade credit.
Does that clarify?
Alex
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex