Some happy news for a change....

Paul_Herring

mabski wrote: »

sorry mate but if the loan or credit card is not legally binding the loan then becomes a gift so you have every right to spend it

That's most certainly not what this court has decided. Perhaps you'd like to read the articles linked to?

PROLIANT

mabski wrote: »

sorry mate but if the loan or credit card is not legally binding the loan then becomes a gift so you have every right to spend it

What if the Bank found a similar type loophole in your credit agreement that enabled them to stick the interest rate up to lets say; 250%?
You go to court and the judge says tuff, the agreement can be changed as they see fit, it would hurt you wouldn't it?

PROLIANT

Where does fairness and honesty kick in here? Bottom line is you borrow the money and you repay it, if you cant for what ever reason then work with the lender to resolve the situation, both parties will be better off either way.

Just a thought, the phones and email has gone very quiet the last few days, no Debt wipe-out brigade calls, must have had a rough weekend.

mabski

PROLIANT wrote: »

Where does fairness and honesty kick in here? Bottom line is you borrow the money and you repay it, if you cant for what ever reason then work with the lender to resolve the situation, both parties will be better off either way.

Just a thought, the phones and email has gone very quiet the last few days, no Debt wipe-out brigade calls, must have had a rough weekend.

where was the fairness in the ppi misselling?
or the fairness in refusing a direct debit for the sake of a few pence and then charging you £35 for the privilege
do you really think the banks would refund a single charge if they could find a loophole to get out of their current predicament no they wouldnt so why should we treat them any different

mabski

Paul_Herring wrote: »

Which part of the Act do you think they are not following? Which part doesn't allow them to state you borrowed money and aren't paying it back?

well for starters if they cannot produce a signed cca
they would fall foul of paragraph 1 of schedule 2 of the data protection act which states

1. The data subject has given his consent to the processing.

Paul_Herring

where was the fairness in the ppi misselling?

There wasn't any. But then again, this has nothing to do with this case, and the banks have been called on PPI misselling.

or the fairness in refusing a direct debit for the sake of a few pence and then charging you £35 for the privilege

Look to your T&C's and make sure there's enough money in your bank to service the DD. No refusal of the DD, no £35 charge.

do you really think the banks would refund a single charge if they could find a loophole to get out of their current predicament no they wouldnt so why should we treat them any different

Because, ultimately, it's not the banks who will suffer, but the rest of us - in higher APR's for loans and lower AER's for savings.

Paul_Herring

mabski wrote: »

well for starters if they cannot produce a signed cca

Which means that the loan is merely unenforceable in court. Re-read the linked articles.

they would fall foul of paragraph 1 of schedule 2 of the data protection act which states

1. The data subject has given his consent to the processing.

By accepting the money which the bank provided as a loan, I'm sure the subject in question most certainly has given consent.

PROLIANT

mabski wrote: »

where was the fairness in the ppi misselling?
or the fairness in refusing a direct debit for the sake of a few pence and then charging you £35 for the privilege
do you really think the banks would refund a single charge if they could find a loophole to get out of their current predicament no they wouldnt so why should we treat them any different

As Paul quoted; this is a different subject.
You sound like you have a problem with the financial institutions, why don't you discuss the problem in more detail, maybe someone on here can help you?

mabski

PROLIANT wrote: »

As Paul quoted; this is a different subject.
You sound like you have a problem with the financial institutions, why don't you discuss the problem in more detail, maybe someone on here can help you?

you were the one that brought fairness into it im just pointing out that they dont act fairly with us so why should we?
i dont have a problem with debt if thats what your implying i think i owe out less than a couple of weeks wages so your barking up the wrong tree

PROLIANT

mabski wrote: »

you were the one that brought fairness into it im just pointing out that they dont act fairly with us so why should we?
i dont have a problem with debt if thats what your implying i think i owe out less than a couple of weeks wages so your barking up the wrong tree

I ain't barking up any tree, I am trying get to the bottom of why you are being so hostile?