Sound Help Advice Needed

martafdz

I personally would not do it.
The contract you signed is in your name (MR), the correspondence and the name in the card might be for MRS, but the contract is signed with your name. You can have a surgery to change your sex and be Miss Bloggs, and you still would pay the old bills addressed to Mr Bloggs.
And if you argue you don't pay because the card is in Mrs Bloggs name, they can argue back that then you have tried to do fraud or identity theft by asuming other identity when signing the contract (if the contract says Mrs).

Anyway, even if you do cancel the DD and so on saying that you are not Mrs Bloggs.. they just need to cancel that card themselves, and make a new card for you, as you have signed a contract, and in your words you still have not received the card because it was not yours, was some Mrs Bloggs. So they just do a Mr Bloggs card and solved. You get all the hassle, possible bad credit rating, a possible investigation for fraud or identity theft, and still a debt to pay.
I think it's not worth and risky. Sorry

bengal-stripe

chrisbujon wrote: »

I was sent through a credit agreement to sign which I duly did......I double checked my credit agreement and that was correct in the name of MR J Blogs.

The contract is between you (Mr J and the bank. It was signed by you with your usual signature. That means, the debt is between you and the bank.

It is the person on the contract that counts, that person has entered into an agreement with the bank and that person is also the beneficiary of that agreement. Mrs J B does not come into it, she never had an agreement with the bank.

I agree it is annoying that the problem has not been sorted out, but that sloppiness will not void your contract with the bank.

never-in-doubt

chrisbujon wrote: »

I applied online and took out an Abbey Zero card late last year to take advantage of the 0% offer on transfers. I transferred £2500.

Now this is where it gets interesting. I was sent through a credit agreement to sign which I duly did. My Card arrived a short time later along with a statement showing the balance of £2500. The only problem is the card and the statement were both in the name of a MRS J Blogs. I double checked my credit agreement and that was correct in the name of MR J Blogs. Anyhow I called and highlighted the error, and also called into a branch. 6 months later and this still hasn't been ammended. My 6 months 0% is up and i'm left with a card I can't use and an outstanding balance. Finances are particularly tight, but I wondered if this error constitued an invalid agreement?

Surely Abbey have opened an account and applied a balance transfer to it on an account holder that doesn't exist. Can I simply cancel my minimum payment direct debit and argue that a MRS J Bloggs doesn't exist?
They have made the error and in the current climate with al sorts of agreements being invalidated I wondered where I stood legally?

Advice / knowledge would be most appreciated.

Yes it is a false agreement and constitutes unenforceability. Ignore the self righteous people and do what you feel is best :rotfl:

never-in-doubt

jonesMUFCforever wrote: »

This is where you stand - you applied for a card and were accepted - you transferred a debt to it and you owe whatever the balance is now.
So simple really.

Nope, not if they have set the account up for someone else - sorry a legal agreement must be present, regardless of the rights and wrongs. Anyone could say 'he owes me money' but without paperwork it will fall down/be stuck out of court. End of.

Forget ethics, its a matter of right and wrong and the bank is wrong, simple. :T

never-in-doubt

chrisbujon wrote: »

Thanks debtdestroyer

So with that in mind, is it better to;

a) cancel direct debit, then ignore correspondence addressed to MRS Joe bloggs.
b) cancel direct debit, write to them saying the account is in dispute.

My attitude on this is that they touted for my business with the transfer deal. They hope i'll stay with them until the period ends so that they can make a profit on interest charged after that time. Surely they should be more careful when actually creating the account.

I'm just worried that obviously the transfers are from other cards in my name and address. Direct debit has been from my account in my name and the the only error being they have me as a MRS instead of a MR (by the way I aren't married).

I wondered what the procedure is from there point of view should I choose option a)
If they do checks on J Bloggs then they'll find me at my address if they do a check on a MRS J Bloggs then surely it'll throw a blank. Anyone know what steps they'd take?

Put bluntly, you can refuse to pay of course and they cannot legally get you for the debt but you will have derogatory data registered againt you. For 2.5k it doesn't really seem worth it.....

To be honest, the typo from Mr/Mrs will not help cos this would go through the CRA as correct, I think you;re fighting a losing battle even though legally the agreement is unenforceable. However being unenforceable doesn't mean that you get special rights, it still screws your credit report and for the amounts quoted you have to ask is it worth it? :beer:

debtdestroyer007

if only there were more 'Never in doubts and Innocent Guy - some of my favourites'....... well said buddy!!!!!!!

KiKi

Hi there

For the life of me I cannot remember where I read this (and it's bugging me that I can't find the reference now), but I am sure that the 'Mr' or 'Mrs' or 'Ms' element makes no difference whatsoever.

The reference that I can't find was when someone decided to call themselves a 'Lord', when they were a 'Miss' or something! I think it's something to do with certain titles not having any standing from a legal point of view...ie, you could refer to yourself as a Lady whether you are or not - no-one can legally force you to say otherwise. There are certain titles you can't adopt (probably like 'Admiral' because they are related to positions in the service?) but there are others that you can choose from.

So I'm sure there's something about your legally saying you are Mr, Mrs, Miss, Lady, Lord etc, and the matching would have no bearing if the name, address etc were all correct. My logic, therefore, says that whilst the Abbey can't seem to correct the mistake, they will probably be quite happy to rectify it if all of a sudden they think the debt won't be paid, and perhaps they'd have a legal standing for it.

I wish I could find the reference, now, but I can't see it anywhere. But thought this might help you if you're making a decision about what to do.

Has anyone else read about this? Maybe it was on QI.

Hope that helps in some strange way.
KiKi

kate2510

Didn't you say that you have signed the agreement which was in your name (Mr) and the transfer was to pay a card debt in your correct name and you have set up a DD in your correct name.
You have cause for complaint that you have not received a valid card in spite of drawing the banks attention to the error and you have not received the full benefits of the account. You might be able to get an extension on the interest free period or ask for some other consideration by way of compensation for the lack of satisfaction with the service you have received but I don't think you can reasonably claim that you are not responsible for the balance owing on the account. Just an opinion, of course.

martafdz

kate2510 wrote: »

Didn't you say that you have signed the agreement which was in your name (Mr) and the transfer was to pay a card debt in your correct name and you have set up a DD in your correct name.
You have cause for complaint that you have not received a valid card in spite of drawing the banks attention to the error and you have not received the full benefits of the account. You might be able to get an extension on the interest free period or ask for some other consideration by way of compensation for the lack of satisfaction with the service you have received but I don't think you can reasonably claim that you are not responsible for the balance owing on the account. Just an opinion, of course.

^ agree.

The contract is in your name, no matter what the card says, what links to you is the contract and your name on it. The bank can change the name in your card, or issue a new card for you. All you can do is complain for not having a card you can use and ask for an extension of the interest free period.

I am sure that if you are having problems to change it is not because it's difficult for the bank to do so, it's probably because whoever is at the phone / desk needs to follow some security procedures... but in almost every bank is always something called "manager discretion" and if things are getting out of control, they just send it to the manager to review... and I am sure the manager would sort out things quickly if you are attempting to not paying it back.

Remember your name is right in the contract, and it's the same name it appears in the bank account you hold the direct debit. I would say it's just a typo on the card, the statement and maybe the file on the computer... but your name it's still right on the paperwork you signed.

jonesMUFCforever

I stand by my post 3# on this thread.
OP signed the application as Mr the balance transfer was done as Mr the only error is that the card was issued as Mrs.

If this is the case why did OP open correspondence for a Mrs and not return it to sender as not known at this address?

Regardless of whatever other posters have posted on here it is my opinion that OP will be held liable for this debt and it will be his credit worthiness that will be ruined if he defaults.