Credit card dilemma - confused.

chattychappy

likelyfran wrote: »

You're not being very helpful b-s.

Oh give it a rest Righteous Mary, there's always one or two like you on here waiting to sink the boot in, it's so predictable.

Really I think he was being helpful. It seems there has been an element of denial about your behaviour (implied by your own admission). Even if you disagree, there is no need to be rude.

Saints2011 wrote: »

As Tixy has already said it's not a "little white lie" it's a serious offence.

Yep, s2 Fraud Act 2006. http://www.legislation.gov.uk/ukpga/2006/35/section/2

Note to commit the offence it is sufficient to expose the CC to "risk of loss" as a result of a false misrepresentation. Given a CC by its nature is a product where the lender always faces the risk of loss, you are caught. The only "white lie" route is that the prosecution must also show you were dishonest which is given in the "Ghosh" test (google "ghosh test" for more info). I think it would be dishonest according to this test.

Whether anyone would bother prosecuting/cautioning etc is another matter. Markers on NH (or whatever) are more likely.

Tixy

likelyfran wrote: »

- could I really still close the account with debt still on it? |I thought I would have to pay it off 1st which I know I will do, having had c/card debts several times and got them down to zero before (much much easier when working and getting decent salary).

If they try to increase your interest rate you can opt out and stay at the same rate but you close the account to new spending, and then just carry on repaying the remaining debt at the old interest rate.

To be honest I think your husband's attitude is really not helping you. I would cut the card up so you cannot spend on it any more.

And would suggest to husband that as he is the one who has generally been more responsible with money that he is the one who would be better with a credit card in his name. Its crazy to be putting his holiday bookings or any more spending on this card - I assume the APR is fairly high?

Tixy

Gromitt wrote: »

You may wish to investigate companies that banks and credit providers use, such as National Hunter: http://www.nhunter.co.uk/


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oops - I meant national hunter not CIFAS is my earlier posts.:)

likelyfran

chattychappy wrote: »

Really I think he was being helpful. It seems there has been an element of denial about your behaviour (implied by your own admission). Even if you disagree, there is no need to be rude.



Yep, s2 Fraud Act 2006. http://www.legislation.gov.uk/ukpga/2006/35/section/2

Note to commit the offence it is sufficient to expose the CC to "risk of loss" as a result of a false misrepresentation. Given a CC by its nature is a product where the lender always faces the risk of loss, you are caught. The only "white lie" route is that the prosecution must also show you were dishonest which is given in the "Ghosh" test (google "ghosh test" for more info). I think it would be dishonest according to this test.

Whether anyone would bother prosecuting/cautioning etc is another matter. Markers on NH (or whatever) are more likely.

No, he wasn't being helpful, he wanted to moralise and sink the boot in.
'Next fix'? Not to mention he completely misconstrued what I said.
And I am rude?

likelyfran

Thanks so much to Tixy and for all the helpful comments.
I know what you mean Tixy, my hubby is a bit of a young 'old grandad' about certain money things. He refuses to have any direct debits despite the fact that you often get discounts by having them. But on the other hand, he is really sensible and good with money, tries always to have savings and is very responsible.

To all those who wanted to moralise about fraud - Yes, as I thought was clear, I know what is termed as fraud, especially after it was first pointed out to me.
There was really no need to keep hammering the point home, especially as I had already said I wasn't going to do it!
Also, I go by my own sense of what's right (in my head anyway, while being very law-abiding actually), rather than keep on parroting the word of the Law which we should all know is often an !!!..

Anyway... I'm glad I asked the question, I have now decided what to do. I've told my husband to not worry about his savings. My debt is now at just over £1,000 and I physically can't spend any more so I'm going to pay if off gradually myself, hopefully by the end of a year. I think there are calculators online, maybe on here too, to work out payments and time it takes etc. but I'm just going to put as much as I can in as I go along and try to live more frugally.
That way, maybe this time I'll learn some needed lessons about money, debt and possessions. (Tixy not sure on APR, I think it's standard - 17% or something like that, but thanks for asking. I'm kind of anticipating paying maybe a couple of hundred quid in interest but that'll help teach me not to do it again eh!)

Thanks again! x

chattychappy

likelyfran wrote: »

Also, I go by my own sense of what's right (in my head anyway, while being very law-abiding actually), rather than keep on parroting the word of the Law which we should all know is often an !!!..

"we"? Speak for yourself.

The law is often very sensible IMHO. Administration of justice, the court system, well less than perfect I agree.

As for your own "sense of what's right" - well the reason for having law (in particular dishonesty offences) is precisely because everyone has a different sense of what is right and wrong.

Fruit_and_Nut_Case

chattychappy wrote: »

...the reason for having law [...] is...

...so that certain posters (who shall be nameless) can make a decent living out of knowing it.