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Do I have to Pay this debt, what should I Do?

Hi, can anyone help? I was told if I Disagree with a demand for a credit card debt that the credit card company has to give me a copy of my wet signature to prove to me that the debt is owed.

Is this true, what should I do?


The Truth is in your heart

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Replies

  • JohnUKBJohnUKB Forumite
    69 Posts
    Yes I am, i'm in need of information and I would like to ask why my post was deleted? and an answer to my question if anyone would be so kind... thanks


    The Truth is in your heart

  • BrowntoaBrowntoa Forumite, Ambassador
    49.1K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ambassador
    yes , you need to pay the debt.....only case that has come up in front of a judge was lost by the defendant

    from one of the sites that used to do this

    [FONT=Arial, Helvetica, sans-serif]Please note that we are no longer providing unenforceable credit agreement services (UCA) because of the recent test case rulings in the courts: we are sorry to disappoint people with this, but we feel that it would be unfair to hold out people's hopes in a sector of the law which may be unsafe.[/FONT]

    [FONT=Arial, Helvetica, sans-serif]For this reason we are no longer processing any UCA applications[/FONT]
    I'm a Forum Ambassador and I support the Forum Team on the Shopping and Freebies, Phones and TV and Over 50s boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing . All views are my own and not the official line of MoneySavingExpert.
  • JohnUKBJohnUKB Forumite
    69 Posts
    Browntoa wrote: »
    yes , you need to pay the debt.....only case that has come up in front of a judge was lost by the defendant

    from one of the sites that used to do this

    [FONT=Arial, Helvetica, sans-serif]Please note that we are no longer providing unenforceable credit agreement services (UCA) because of the recent test case rulings in the courts: we are sorry to disappoint people with this, but we feel that it would be unfair to hold out people's hopes in a sector of the law which may be unsafe.[/FONT]

    [FONT=Arial, Helvetica, sans-serif]For this reason we are no longer processing any UCA applications[/FONT]

    Oh ok, but if the company has never met me before, how can they prove their demand, surly they need to provide evidence that I agreed to their contract?


    The Truth is in your heart

  • stebizstebiz Forumite
    6.6K Posts
    Part of the Furniture 1,000 Posts Combo Breaker
    Forumite
    JohnUKB wrote: »
    Hi, can anyone help? I was told if I Disagree with a demand for a credit card debt that the credit card company has to give me a copy of my wet signature to prove to me that the debt is owed.

    Is this true, what should I do?

    12 months too late mate. You should have been quicker on the ball. By all means go to court but you'll need a stronger case than not having a 'we' signature.
    Ask me no questions, and I'll tell you no lies
  • stebizstebiz Forumite
    6.6K Posts
    Part of the Furniture 1,000 Posts Combo Breaker
    Forumite
    JohnUKB wrote: »
    Oh ok, but if the company has never met me before, how can they prove their demand, surly they need to provide evidence that I agreed to their contract?

    You are quite right. It will not be automatically approved in their favour by the judge. In fact the onus of 'proof' is firmly with them, to prove to the judge that you owe this money. Your case is to disprove. As somebody who had circa £50k written off on unenforecables and numerous days in court, I have an idea what I'm talking about.
    Ask me no questions, and I'll tell you no lies
  • JohnUKBJohnUKB Forumite
    69 Posts
    stebiz wrote: »
    You are quite right. It will not be automatically approved in their favour by the judge. In fact the onus of 'proof' is firmly with them, to prove to the judge that you owe this money. Your case is to disprove. As somebody who had circa £50k written off on unenforecables and numerous days in court, I have an idea what I'm talking about.

    I can see you know what you're talking about, so if I write to them and accept what they are demanding on presentation of proof of their claim, would this stop it from going to court if they refuse to provide this proof?


    The Truth is in your heart

  • stebizstebiz Forumite
    6.6K Posts
    Part of the Furniture 1,000 Posts Combo Breaker
    Forumite
    JohnUKB wrote: »
    I can see you know what you're talking about, so if I write to them and accept what they are demanding on presentation of proof of their claim, would this stop it from going to court if they refuse to provide this proof?

    A judge would not look kindly on a Claimant if he took somebody to court and providing information, that was requested prior to the court process taking place. Ask them for a full break down of all the information they have on you. Maybe an SAR. Then judge for yourself if you have a case, if they were to take you to court.
    Ask me no questions, and I'll tell you no lies
  • ErmeErme Forumite
    3.6K Posts
    Part of the Furniture Combo Breaker I've been Money Tipped! Debt-free and Proud!
    re why your posts possibly have been deleted John

    Please refer to my reply here

    Every blessing man

    E
    :dance:
    I believe in the power of PAD
    Come and join us on the Payment a Day thread
    :dance:
  • JohnUKBJohnUKB Forumite
    69 Posts
    Erme wrote: »
    No offence hun but reading this I can fully comprehend why some of your posts might have been deleted? Are you pre-mil/post-mil/A-mil. I suspect your pre-mil and if so then I avoid ppl like you like the plague cos it just makes me unwell. As it says in the guidelines this site is for help not judgement. Hope this isn't lost in translation and I have pretty strong views myself but just examine what you right objectively and see what conclusion you draw? Does it sound off beat? Does it sound paranoid? Does it sound weird or strange? How would you feel not knowing anything about the origins of what you write reading it for the first time. Maybe I should put this in a PM and if this post (as it probably is) is inappropriate I apologise. Just a few points for you to consider hun


    What about just asking for an explanation if you doubt what I say as truth/fact ?


    The Truth is in your heart

  • JohnUKBJohnUKB Forumite
    69 Posts
    stebiz wrote: »
    A judge would not look kindly on a Claimant if he took somebody to court and providing information, that was requested prior to the court process taking place. Ask them for a full break down of all the information they have on you. Maybe an SAR. Then judge for yourself if you have a case, if they were to take you to court.

    Oh ok, I have done that but like I said they just keep telling me they will take me to court and I will get bailiff taking my stuff away if I don't pay.

    So as long as I keep asking for the proof of my wet signature on a contract, and notice them that I accept their demand on production of the proof and it is never provided to me then I believe they are in dishonour, is this true? if not then the took court action and came up with the evidence what would be the outcome as they were given many chances to do so and I was providing remedy to the demand which was ignored.

    Then who would be paying any court costs and my hourly rate stated in the original notices sent to them, would I be able to claim all my costs for them dragging me into a court when it could have been avoided?

    I think these are very valid points for people to note as they must act honourably at all times by accepting with condition.


    The Truth is in your heart

This discussion has been closed.
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