Unenforceable Credit Agreements

bengal-stripe

Vix143 wrote: »

.....I was a bit reckless in my youth!

So, I'll take it, you haven't changed!

treb1971

If I were the CC company, my argument would be that by using the card, you agreed to the terms and conditions. If you tried arguing that you didn't know what these were, the company would argue that you've had ample time to ring them and find out, and you've also understood the nature of the agreement by paying your bills partially or in full as they've arrived.
Just my tuppence worth...

beverleyhills

Vix143 wrote: »

I have always paid the repayments each month on time and i have even paid this card off totally on times.
I have stuggling financially for other reasons which I didnt feel I had to reveal on here. And I need all the help I can get really. Sorry if it seemed I was just out to rip them off. That's not the case at all. Im just looking down this avenue as I have been told that it may help.

Try posting on the DFW board, you will get help to sort all your finacial affairs

nichart20

NickX wrote: »

I don't think this is correct. I know people don't like the idea of getting away without paying debts, but if the Creditor or DCA cannot supply a valid CCA (Consumer Credit Agreement) then the debt is unenforceable. Whatsmore any negative information on your Credit Report from an unenforceable debt is not valid and you can request it be removed as the Creditor had no right to put it there in the first place.

To the OP the letter that you need can be found on the below site :

http://www.nationaldebtline.co.uk/england_wales/debt_advice.php#6

I thought as a lender they have to put the correct information on the credit file credit agreement or no credit agreement, and they can still chase the debt down the civil route for example door to door collectors just not through the courts but maybe im wrong

NickX

nichart20 wrote: »

I thought as a lender they have to put the correct information on the credit file credit agreement or no credit agreement, and they can still chase the debt down the civil route for example door to door collectors just not through the courts but maybe im wrong

They can try continuing to chase you for the debt but with it not legally enforceable they are wasting their time and once they know this they generally will go away. Remember that only court appointed bailiffs have any real rights to come to your door. Anyone else can be told to whistle.

If there is no CCA then they have no right to report to your Credit File and as such any negative feedback should be removed upon request.

withnell

Are you sure you didn't electronically sign an agreement back when you applied?

TFD_2

withnell wrote: »

Are you sure you didn't electronically sign an agreement back when you applied?

He said he applied on the phone.

KiKi

If you haven't signed a Credit Agreement, yes, it is unenforcable.

Of course you can't claim ignorance - you've paid of some off the debt on the card more than a few times. You know what a credit card is for and how it works.

Can you be cheeky and ask for it all back? The fact that you have paid it back demonstrates an awareness and understanding that you were obliged to, so no. Legally, you could use the CCA argument for an outstanding balance.

Morally, you owe the debt and should pay it back. Lots of people are struggling financially, and if a bank or credit card company are screwing you over or charging excessive fees you can - and should - challenge that. But just not wanting to pay back what you owe isn't a fair way of going about it.

If you go to the Debt Free Wannabe board there are people there who could help you manage your finances better and get the debt down.

KiKi

withnell

These companies need to charge excessive fees to make a profit in an environment where consumers are attempting to screw them over all the time by not paying their bills!

maxsquared

Not that I agree with the thread host, but be curious to know how this works.