Credit Card & Loan Balance's Wipped Clean !!!

angelwillow

PROLIANT wrote: »

it is people who claim unlawfully, steal and deceive for personal gain who I have a problem with,...Or just declare yourself Bankrupt and do without credit for a minimum of 6 years, a hard lesson learned I would say.

It's this that I agree with - forgot to say in previous post.
But we aren't all like that,deceitful,cheating etc.

Oh and btw I would never go bankrupt (I am paying it back) as it would mean losing my home and I wouldn't put my family on the street because I had made a mess of my finances and the banks took advantage of that.

PROLIANT

angelwillow wrote: »

I wouldn't put my family on the street because I had made a mess of my finances and the banks took advantage of that.

Then why do we keep seeing the same crap day in day out on here about "claim this - claim that" when 95% of the people just jump on the bandwagon when it was in fact their fault they were charged/fined for not managing their finances properly, the banks have not taken advantage...we have. Everyday we "take and use" "free" services provided by the Banks, do you get charged for the privilege of carrying a Visa Debit card and Cheque book?..No you do not, do you get charged for having your wages paid in to your Current Account?..No you do not, if you choose not to read the T&C's of a contract i.e a current account or credit card then that is your fault..not the banks, if you get wacked with a £30 charge for breaching the T&C's of the contract then that is your fault...not the banks, this world does not owe me a living however the problem with majority of people more so in the UK seem to think otherwise. On the flip side to all of this, if your bank is operating outside of the T&C's of the contract then you are within your legal right to kick their @rse, if the bank has charged you for no reason i.e. you have operated your account within the T&C's and have not done anything wrong, then you may claim that money back. But don't worry because at the end of the day when everything goes tits up and people are at risk of losing their homes, do you think the banks are going to be helpful after you have screwed them unlawfully?...Might be a good time to go for my first mortgage, cos there’s gonna be plenty of cheap houses on the market.

badboybill

PROLIANT wrote: »

Then why do we keep seeing the same crap day in day out on here about "claim this - claim that" when 95% of the people just jump on the bandwagon when it was in fact their fault they were charged/fined for not managing their finances properly, the banks have not taken advantage...we have. Everyday we "take and use" "free" services provided by the Banks, do you get charged for the privilege of carrying a Visa Debit card and Cheque book?..No you do not, do you get charged for having your wages paid in to your Current Account?..No you do not, if you choose not to read the T&C's of a contract i.e a current account or credit card

Dear Proliant,

Banks do not do FREE and have never done so. IF you are paid a £1,000 in wages every month they earn interest for up to 72 hours which they call processing. In the 21st Century it takes 20 secs on a bad today to transact money and they do it on bulk, million plus a day. A Lot of money earned for pressing a few buttons.

The whole point of this post is to establish whether the legality of applications for credit cards was flawed. If it is then a mistake has been made and must be corrected.

If I created an agreement which in law was unenforceable then I would lose whatever it was that I was selling/protecting.

angelwillow

PROLIANT wrote: »

But don't worry because at the end of the day when everything goes tits up and people are at risk of losing their homes, do you think the banks are going to be helpful after you have screwed them unlawfully?

They don't now before we make any claims, it's how a lot of people have got into even more debt ie banks being supposedly helpful (only to themselves) - and who said about doing anything unlawfully? If anything the banks are being unlawful not us in trying to claim back what we have been 'overcharged'.

Can I ask why you bother coming on here if you are so against people trying to claim back what they may be entitled to?

You go try and get a mortgage with your debts and see just how helpful the banks are.

PROLIANT

angelwillow wrote: »

They don't now before we make any claims, it's how a lot of people have got into even more debt ie banks being supposedly helpful (only to themselves) - and who said about doing anything unlawfully? If anything the banks are being unlawful not us in trying to claim back what we have been 'overcharged'.

Can I ask why you bother coming on here if you are so against people trying to claim back what they may be entitled to?

You go try and get a mortgage with your debts and see just how helpful the banks are.

Well my debts are controlled, just too many applications in a short space of time which has knocked my credit score down, I do have a Mortgage offer which is held for 6 Months by Lloyds, £120K if I want however I can't afford the repayments on it so I will stay in my modern Housing Association home and pay £300 per month rent rather than £634 for a mortgage. When the time is right I will get on the ladder, could be the chance that I have been waiting for...about time first-time buyer were given the opportunity to get on the housing ladder, might get a house for a realistic price rather than an over-priced ex-council shack that some family have got into their mind that is worth £150K when in fact it is worth less than £50K! Oh well, let you guys get on and have fun.

angelwillow

Good luck to you and your future debt control and mortgage plans.
I can see that you have your own set opinions and nothing anyone says will change that.
All I ask is that you open your mind just a little bit more,if you can,and not tar everyone with the same brush.
If that's not possible,c'est la vie,people like you may infuriate me but your opinion is just that,yours,and at the end of the day means nothing except to you and other like minded people - not the majority on this site by the looks of things.
Good night and sleep well.

[Deleted User]

PROLIANT wrote: »

Still trying to avoid repaying our debts? Must be nice in your world of
"selfish", if I bumped all of my creditors I would save over £500 per month,...but I choose not to and intend on paying every penny back, even if it means I eat a little less every week, how you lot can even dare to try and get away with this scam is disgusting, I hope you pay heavily for it and your credit ratings are ruined....you don’t deserve credit you are irresponsible and greedy selfish people.

You 'choose' too. Out of the goodness of your heart and because you're such a hero?

So, you'd really not do it and would rather spend £500 a month? B*ll*cks !!!

[Deleted User]

Personally, I find nothing wrong with claiming money back, even if it means writing off your debts due to a loophole, as long as its LEGAL.

Thats the important thing here LEGAL.... Theres a big difference between legally getting what you can and breaking the law.

If you're unwilling to do the best for yourself LEGALly then you're a mug...

Neillgb

[quote=[Deleted User];14945001]Personally, I find nothing wrong with claiming money back, even if it means writing off your debts due to a loophole, as long as its LEGAL.

Thats the important thing here LEGAL.... Theres a big difference between legally getting what you can and breaking the law.

If you're unwilling to do the best for yourself LEGALly then you're a mug...[/quote]

How would you feel if somebody avoided repaying you because you had forgotten to dot an I or cross a T in the contract?

No doubt you would just shrug, shake them by the hand and say it's OK because it's 'legal'........give them a cheery wave as they disappear round the corner giving you the finger.

The fundamental reason for the whole financial mess we ALL find ourselves in is that SOME people don't pay their debts.

Mug? Seems so by your standards. I pay my debts and take pride in so doing.

Thecreditcruncher_2

Wether or not you you want to pay your debts is a personal matter... I simply give the facts. So, here goes...

[FONT=BookAntiquaParliamentary,Bold]The change under part 15 of the Credit Consumer Act 2006 'Enforceability of regulated agreements' removed the legislation that makes some agreements taken BEFORE 6th April 2007 unenforceable. Section 127 basically sets out the requirements under which an agreement becomes enforceable. If your agreement does not contain all of theses prescribed elements.... It is almost certainly unenforceable.[/FONT]
The CCA 1974 was amended in 2006. Section 127 (3) to (5) was removed from the Act, -(In section 127 of the 1974 Act (enforcement orders in cases of infringement) subsections (3) to (5) shall cease to have effect.)- this is the section that makes agreements completely unenforceable. This repeal of Section 127 came into force on the 6th April 2007. It is not retrospective, meaning that if your agreement is dated prior to this, then this all still applies to you. If you take on credit AFTER this date, you cannot then rely on this action. A judge can then enforce even in the absence of a regulated agreement.
So, if no credit agreement exists, or they just can't find it, they cannot enforce it and no more payments need to be made.
It's important to realise that the debt being unenforceable does not make it disappear, they just cannot get a judge to make an enforcement order. They can still write to you and ask you to pay. This can be ignored.
Also, in short, an agreement must contain:

i) a credit limit or amount of credit.
ii) the rate of interest.
iii) a repayment schedule.

The lack of any of these makes it completely unenforceable.

The 1974 CCA
www.johnantell.co.uk/CCA1974.htm

The 2006 CCA
http://www.opsi.gov.uk/acts/acts2006/pdf/ukpga_20060014_en.pdf

Hope that helps.