Unsigned Credit Agreement Advice Please

TakingControl

I really don't understand why you are still asking this question? Many users here have advised on you on various of your topics with the same question that MBNA have complied with your CCA request and that the CCA route for a card taken out in 2009 won't work.

The debt is enforcable. So you have two options -
1. Risk it going to court without making an attempt for any payment arranegments with them, which more than likely will get you a CCJ
2. You finally accept your situation, take the head out of the sand and contact one of the debt charities to help you sort your debt problem out

There is no loop hole for you, just accept this

[Deleted User]

Does this person ever shut up!. I thought I posted a lot of rubbish but this person beats me!.

thechippy

TakingControl wrote: »

I really don't understand why you are still asking this question? Many users here have advised on you on various of your topics with the same question that MBNA have complied with your CCA request and that the CCA route for a card taken out in 2009 won't work.

The debt is enforcable. So you have two options -
1. Risk it going to court without making an attempt for any payment arranegments with them, which more than likely will get you a CCJ
2. You finally accept your situation, take the head out of the sand and contact one of the debt charities to help you sort your debt problem out

There is no loop hole for you, just accept this

As above mate.

It doesn't really matter from which direction you approach this, or how many different ways you ask the question, anything post April 2007, you are fighting a losing battle trying to use the cca...;)

SPELLKASTER

Will be applying in the New Year for a Debt Relief Order!!

Problem sorted then!!

[Deleted User]

Prove it to yourself and not to us!. This is not a competition. You seem to always want to prove you are right, you are often wrong and you are only meant to post to give or get advice and you can do neither? Strange.

chanz4

Debt Relief Order is best for you, stop you getting firms ripped off.

TakingControl

SPELLKASTER wrote: »

Will be applying in the New Year for a Debt Relief Order!!

Problem sorted then!!

Before applying for one, I would strongly suggest you contact one of the debt charities for advise. There are rules with a DRO, I assume you have less than £15K in debt and less than £50 a month disposable income to pay debts off with?

Maybe a short term DMP would help you better? There are so many options but unless you actually speak to one of the charities for advise, you might go down the wrong route?

SPELLKASTER

I have foned a charity called Debt Advice and they said a DRO would be appropriate for me.

If lenders know you are unemployed when you take credit, then maybe they should not lend out credit cards to people unemployed.

I have asked MBNA if they would accept a full and final settlement of £500, and if they do not then a DRO will be applied for.

I think MBNA have been the only lender who has been most uncooperative.

With regards to the Halifax, Bank Smart are looking at unenforceability and also reclaiming charges as I took their card out in September 2006.

Thanks for the advice though!!

Happy Christmas and New Year!!

Tixy

Are you sure 'Debt Advice' is a charity? I would suggest you seek advice or do your DRO through one of the recommended charities listed here - IMPORTANT - Where to seek professional impartial advice about your debts.

Even if your Halifax debt does turn out to be unenforceable the debt will still exist, not be written off and will still count towards the £15k limit for a DRO. So if you are going down the route of a DRO then you may be wasting your time with 'Bank Smart'.
If you think there are charges to reclaim on the card it is simple to look into this yourself and, if sucessful, keep all the money for yourself.

Magi74

fermi wrote: »

If you took out the card in that fashion, then yes, perfectly legal.

(1) They are not obliged to provide a signed copy.

(2) Agreeing online via a tick box has been a valid method (equiv of signature) of completing an executed agreement since 2004/5.

(3) Regardless of (1) and (2), post April 2007 agreements have always been enforceable at the discretion of the courts without a signed agreement, if it can otherwise be shown that you took out/used the credit.

A slight spin off from this. If someone did not take out a credit agreement (i.e. identify theft) how does that pan out?

Obviously if we're talking about a credit card that gets used it's really hard to say that it's down to id theft - unless that person can prove that they didn't make the transactions. But if I receive (say) £500 and the credit agreement was signed electronically by an unknown person (or at least it can be reasonably shown that it wasn't electronically signed by the victim) is that credit agreement enforceable?