Unenforceable credit agreements

lost_the_plot_3

Hi,I have just started to sort out a DMP with CCCS and in my research found a website which tells you the company of the phone number which calls ( i had 4 numbers which kept calling at all time of the day). Many be because we have only sent t token payment this month.
In this website 3 of the numbers were from Egg CC. A few people on there stated that if you took the card out before April 2007 it could be an unenforceable credit agreement.
Does anyone have any experience of this and is this true as I have had my card for nearly 10 years and have PP cover too. This would help greatly to reduce our 55K debit if it was true.
Clare

dealer_wins

Yes in the UK you can spend as much as you like and just dont pay. It gets wiped automatically and your credit record doesnt get trashed, so your free to just take out more cards and spend spend spend.

In fact ive heard that soon these card companies will pay you 40% on top of what you owe as cash back, so just keep spending.

undetterred

Sooner the loop hole is quashed the better.

onthebreadline

Hiya

What? Is this a joke or could you explain more?? A bit puzzled?? I have a credit card and was told I may have a case for unenforceability, but seems not, maybe its because I just paid them some money last week after a year of nothing, and sent them a letter offering a F&F (but no payment) - not sure yet, still waiting on my answer, curious to find out why? This card was taken out around 2002.

redpete

onthebreadline wrote: »

What? Is this a joke or could you explain more?? A bit puzzled??

Which of the 3 messages do you think might be a joke?

ILW

lost_the_plot wrote: »

Hi,I have just started to sort out a DMP with CCCS and in my research found a website which tells you the company of the phone number which calls ( i had 4 numbers which kept calling at all time of the day). Many be because we have only sent t token payment this month.
In this website 3 of the numbers were from Egg CC. A few people on there stated that if you took the card out before April 2007 it could be an unenforceable credit agreement.
Does anyone have any experience of this and is this true as I have had my card for nearly 10 years and have PP cover too. This would help greatly to reduce our 55K debit if it was true.
Clare

Must have been fun running up £55k on the cards though.

atsoc15

i posted on another thread about this and will stress I have not followed S78 S61 etc from around march april this year. However that time the debt would still stand should a company not be able to give you a copy (original or re-constituted) of you CCA. However they could not enforce it through the courts.

You will however be reported to credit agencies

PNPSUKNET

dont pay it, you dont have to trust me Im a used car dealer lol

Consumerist

onthebreadline wrote: »

. . . I have a credit card and was told I may have a case for unenforceability, but seems not, maybe its because I just paid them some money last week after a year of nothing, and sent them a letter offering a F&F (but no payment) - not sure yet, still waiting on my answer, curious to find out why? This card was taken out around 2002.

You might want to take a look here for an explanation of unenforceable debt on credit cards.

You can argue that the creditor is out of time or “statute barred” from taking you to court for this debt:
if
* The creditor has not already obtained a judgment against you
and
* You, or any one else owing the money (on a debt in joint names) have not made a payment on the debt during the last six years
and
* You have not written to the creditor admitting you owe the debt during the last six years.

Hope this helps to satisfy curiosity, at least.

onthebreadline

dealer_wins wrote: »

Yes in the UK you can spend as much as you like and just dont pay. It gets wiped automatically and your credit record doesnt get trashed, so your free to just take out more cards and spend spend spend.

In fact ive heard that soon these card companies will pay you 40% on top of what you owe as cash back, so just keep spending.

This is the one I thought was a joke.

Evilm

onthebreadline wrote: »

This is the one I thought was a joke.

Its sarcasm. Like some of us Dealerwins is a little annoyed with people who run up cards and suddenly want to find a way out of paying what they morally owe.