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Credit card taken over by another company, no new agreement signed.
Comments
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Hello,
Good advice, yes when I say it may need to go to court level, I mean the Debt collection agency might take it that far if the debt is of a value that’s worth them going after. More likely they will drop it before then if its clear you know what you are doing and send the appropriate letters, but sometimes they will file a weak case in the hope it either gets ignored by someone who does not know the system, or that it scares someone into paying. In the case of a vague claim, you can request they refile/revise their particulars of claim.
The Carey case will make them more likely to take it further, however since Carey was the claimant, not the defendant, the burden of proof would have been on him, Also Judge Waxman ruled "If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms” which could apply.
In my case, (after Carey if memory serves), the DCA took the claim to the last minute, issuing court documents, but gave up at the final hour when it was clear they had little chance of success.0 -
Hi p96897,
I had the very same thing happen, got the MSDW card in 2001, that became a Goldfish card, that became a Barclaycard.
On each occasion I was written to informing me the ownership was changing, and so the opportunity was there for me to close the account if I'd had an objection I guess.
Just after it became a Barclaycard I closed it because:
1. The call centre changed from one with people who I could understand easily to one where all the agents were very difficut to understand;
2. All my past account history vanished, without forewarning;
3. The new card had the words "Cashback Account" on, to which I strongly objected. I don't need or want the commercial arrangement that I have with my card provider detailed on the card for 3rd parties to see.
But in answer to your original question: I imagine that all the transfers were done correctly and in compliance with your original Ts&Cs.
And as you state you intend to honour your debts with them, I'm not sure I see any value in oknow100's ramblings about US bank foreclosures and your ability to waste time in the High Court - where of course a different bunch of thieves (wearing silly white pantomine wigs) will dip Joe Public's pocket instead.Optimists see a glass half full
Pessimists see a glass half empty
Engineers just see a glass twice the size it needed to be0 -
Hello, my "Ramblings" were in response to a comment saying I was being dishonest by informing the OP about their options,. Which considering what the banks do I found the hypocrisy shocking.
I would not assume the bank got everything perfectly correct, or that they did the right thing, they rarely do. I believe from memory there were some issues relating to goldfish and takeovers, I would research it, as I cannot recall exactly what the issues were.
But since the terms were varied, an original agreement would still be required, as clarified in Carey Vs HSBC, (see Judge Waksman, Regulation 7). posted in this thread.
Since the OP is clearly asking about if they have any options relating to the takeover,
the fact they have a right to their agreement seems like very relevant information.0
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