Credit Card Agreement - Request and Dispute

JLHE

Hi there!

Over10 years ago, when I opened a student account, I do not recollect being offered a Credit Card, let alone sign for one. Later, I received it through the post, which was a surprise at the time. I didn't use it for years, which was strangely sensible of me, but unfortunately succumbed in time and now have a maxed debt of £3,000.

I would like to challenge this debt, since I think it is unlawful. Also, I remember them having automatically increased the limit on me without me asking them to, although I do not remember exactly when.

By now, having missed a few payments they've put my account in default and I'm on a payment plan. I wish to know from anyone here if -

a) should I dispute the default (a long story - check my other posts if you wish) first or is it a case of successfully disputing the CCA and demanding that they wipe any info of me from credit reports.

b) also, should I demand any late payment fees back too?

c) my brother who is in exactly the same situation is thinking of paying a company to sort this out; however, I'm inclined to think we could do it ourselves with some cleverly worded letters sent to them. What does anyone else here think?

d) any success stories; hints or tips would be greatly appreciated!!

Kind regards,
JLHE

ILW

You could sell the stuff you bought with the money you borrowed and put that towards paying back what you owe.

BigDave81

For a start it's a card from over 10 years ago???

Doesn't really matter if you remember asking for it, you got it which means you probably did sign for it at the time and you maxed the card so you owe the money.

You may be able to request previous statements and request for bank charges to be repaid but this would be different to not repaying what you legally still owe the credit card company. This is only applicable to a certain time frame as well.

Also credit card companies can put the credit limit up or down whether you request this or not as per the terms of the credit agreement so that is not relevent.

I doubt you have anything to dispute to be perfectly honest.

jopwo_87

JLHE wrote: »

I would like to challenge this debt, since I think it is unlawful.

Did you think it was unlawful when you were spending their £3000

exel1966

JLHE wrote: »

What does anyone else here think?

Seeing as you've requested thoughts, how about popping across to the Debt Free Wannabee forum where you'll get all the tea, sympathy and advice you can muster.

JLHE

I don't get people who post IRRELEVANT comments to posts. Mine was clear enough in the first place - I've asked specific questions (take note, excel 1966 - read again!) and NONE of you have given an answer so far; just simply wasted your time expressing an unwanted and I repeat irrelevant opinion. Get a life and don't bother clogging up the forums with !!!!. You could (and you probably do) spend your entire time cruising the forums to give your two penny worth to people who just don't give a monkeys.

So to anyone else who has nothing useful to say - save it!

And for the record, if the CCA is unlawful, it's deemed unlawful for a reason. Rules and regulations are there to protect; otherwise, might as well all go to the loan-sharks. :T

~Brock~

JLHE wrote: »

And for the record, if the CCA is unlawful, it's deemed unlawful for a reason. Rules and regulations are there to protect;

Ahhh, that would explain why the one's you are referring to were repealed in April 2007 then.

bert&ernie

~Brock~ wrote: »

Ahhh, that would explain why the one's you are referring to were repealed in April 2007 then.

Should the law apply retrospectively, in your view?

Its irrelevant anyway, as lenders only had to ensure agreements included the prescribed terms and that they retained evidence that the document existed and was properly executed. You would think that huge organisations with armies of lawyers and other professionals would have been able to do this.

never-in-doubt

JLHE wrote: »

Hi there!

Over10 years ago, when I opened a student account, I do not recollect being offered a Credit Card, let alone sign for one. Later, I received it through the post, which was a surprise at the time. I didn't use it for years, which was strangely sensible of me, but unfortunately succumbed in time and now have a maxed debt of £3,000.

I would like to challenge this debt, since I think it is unlawful. Also, I remember them having automatically increased the limit on me without me asking them to, although I do not remember exactly when.

By now, having missed a few payments they've put my account in default and I'm on a payment plan. I wish to know from anyone here if -

a) should I dispute the default (a long story - check my other posts if you wish) first or is it a case of successfully disputing the CCA and demanding that they wipe any info of me from credit reports.

b) also, should I demand any late payment fees back too?

c) my brother who is in exactly the same situation is thinking of paying a company to sort this out; however, I'm inclined to think we could do it ourselves with some cleverly worded letters sent to them. What does anyone else here think?

d) any success stories; hints or tips would be greatly appreciated!!

Kind regards,
JLHE

Have a read here for sensible answers. There are a lot of preachers on here that have their heads shoved so far up the proverbial shyster they will abuse you because they messed up and paid for their unlawful debt - best just to send over some giggles to wind them up even more - they are just bitter, jealous and lack the necessary knowledge so get abusive instead.

Send some laughs at their silliness :rotfl::rotfl::rotfl:

Seriously though, read here and do it yourself for free: Unenforceability & Template Letters

never-in-doubt

ILW wrote: »

You could sell the stuff you bought with the money you borrowed and put that towards paying back what you owe.

The law states nothing is owed if unenforceable so why would anyone be stupid enough to do such a thing, i.e. pay money which legally is not owed?

If thats your idea of advice then clearly you best consider quitting. Its not exactly constructive is it - telling people to waste money?

BigDave81 wrote: »

For a start it's a card from over 10 years ago???

Doesn't really matter if you remember asking for it, you got it which means you probably did sign for it at the time and you maxed the card so you owe the money.

Actually wrong. They would not owe anything if indeed unenforceable. Learn the law then try again! :rotfl:

BigDave81 wrote: »

You may be able to request previous statements and request for bank charges to be repaid but this would be different to not repaying what you legally still owe the credit card company.

Utter nonsense - see above! :rolleyes:

BigDave81 wrote: »

This is only applicable to a certain time frame as well.

You're starting to impress me now - what is the date then? Didn't the OP actually start with 'its over 10 years old' which immediately means the date is irrelevant! i.e. it is pre-04/2007!

BigDave81 wrote: »

I doubt you have anything to dispute to be perfectly honest.

Wow - a psychic as well? I on the other hand will bet that the CCA is incorrect, 99% were 10 years ago.

:beer: :beer: :beer:

JLHE

Thanks for that link, never-in-doubt! That's the kind of constructive help I needed. And you've figured the other posters out, alright - bunch of idiots!
Top contributor! :beer: