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Credit card companies don't have agreements

Like i said in a earlier post about the original agreement....heather66 you say they slapped interest on your account, oh how i know they will too, your CAB adviser also tried to no avail, well well well so much for me being a troll eh. So when you asked for the original signed agreement they agreed to suspend interest, are they afraid of something haha of course they are cos they aint got it thats why and if they aint got it then your loan/card is fraudulant...Again do i smell a troll in myself or is there something sinister about shutting me up???????

People are in debt and living in fear so please quit trying to poison members that im a troll.
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Comments

  • nottoolate
    nottoolate Posts: 1,359 Forumite
    a credit card agreement doesnt have to be signed by the creditor for it to be enforceable in court.
  • The debtor signed the document to create the credit and the creditor sold it on for a profit to the investors that's why they cannot produce the original, loans, cards are big business they sell you money for profit thats why we are all in debt.
  • nottoolate
    nottoolate Posts: 1,359 Forumite
    have seen plenty of enforceable credit card agreements so you are making no sense

    anyway. as said if they stop paying that would mess up the dmp. would result in defaults if there arent any already and could end up in court action

    Bosniavet96 - you would well advised to ignore this nutter
  • nottoolate wrote: »
    have seen plenty of enforceable credit card agreements so you are making no sense

    anyway. as said if they stop paying that would mess up the dmp. would result in defaults if there arent any already and could end up in court action

    Bosniavet96 - you would well advised to ignore this nutter

    Hi nottoolate, would you please share with us a recently enforceable credit card agreement?
  • nottoolate
    nottoolate Posts: 1,359 Forumite
    any recent one from after april 2007 would be enforceable in court as s127 cca1974 was repealed from that date

    http://www.legislation.gov.uk/ukpga/2006/14/notes/division/8/8
    Section 15: Enforceability of regulated agreements37.

    The 1974 Act provides that in certain circumstances where the requirements of the Act are not complied with in relation to regulated agreements or to security provided in relation to such agreements, the agreement or security is enforceable against the debtor or hirer only on an order of the court. Sections 127(1) and (2) of the 1974 Act give the court discretion whether to grant an enforcement order in those circumstances subject to subsections (3) and (4). Section 127(3) and (4) provides that a court shall not make an enforcement order (i.e. a consumer credit or hire agreement will be automatically unenforceable) where

    - prescribed requirements in relation to the execution of regulated agreements (set out in section 61(1)(a) of the 1974 Act) were not complied with or a document containing all the prescribed terms of the agreement was not signed by the debtor or hirer;

    - the specific requirements imposed by sections 62, 63 and 64 of the 1974 Act in relation to cancellable agreements as regards supplying copies of the agreement before and after its execution and giving notice of the cancellation rights are not complied with. A cancellable agreement is an agreement which, by virtue of section 67 of the 1974 Act, may be cancelled by the debtor or hirer, essentially where oral representations about the agreement have been made to the debtor or hirer face-to-face before the agreement is made other than on the business premises of the creditor or owner or connected persons and where the agreement is not secured on land.

    38.Section 15 repeals sections 127(3) to (5) of the 1974 Act (subsection (5) is consequential on subsection (3)), which means that a court will have the power to determine in its discretion whether agreements are enforceable in accordance with section 127(1) and (2) regardless of the breach in question.
  • eyeopener2
    eyeopener2 Posts: 1,783 Forumite
    Part of the Furniture Combo Breaker Debt-free and Proud!
    Hi nottoolate, would you please share with us a recently enforceable credit card agreement?

    Mr Baliff Troll

    I wouldn't try taking on Nottoolate, you will only end up looking silly.

    E2
    I'm Debt Free :j 2/09/2013
    Debt at LBM 30/04/2010 £24,109.38,
  • eyeopener2 wrote: »
    Mr Baliff Troll

    I wouldn't try taking on Nottoolate, you will only end up looking silly.

    E2

    Do you think he gives advise or advice??
    Debt at Start of DMP in October 2009 - £45,000 :mad:
    Debt in March 2014 - £0.00 :beer:
  • Hi notolate... Interesting indeed but, it wont get to a court so how will they enforce it :)

    any recent one from after april 2007 would be enforceable in court as s127 cca1974 was repealed from that date

    http://www.legislation.gov.uk/ukpga/...s/division/8/8

    Quote:
    Section 15: Enforceability of regulated agreements37.

    The 1974 Act provides that in certain circumstances where the requirements of the Act are not complied with in relation to regulated agreements or to security provided in relation to such agreements, the agreement or security is enforceable against the debtor or hirer only on an order of the court. Sections 127(1) and (2) of the 1974 Act give the court discretion whether to grant an enforcement order in those circumstances subject to subsections (3) and (4). Section 127(3) and (4) provides that a court shall not make an enforcement order (i.e. a consumer credit or hire agreement will be automatically unenforceable) where

    - prescribed requirements in relation to the execution of regulated agreements (set out in section 61(1)(a) of the 1974 Act) were not complied with or a document containing all the prescribed terms of the agreement was not signed by the debtor or hirer;

    - the specific requirements imposed by sections 62, 63 and 64 of the 1974 Act in relation to cancellable agreements as regards supplying copies of the agreement before and after its execution and giving notice of the cancellation rights are not complied with. A cancellable agreement is an agreement which, by virtue of section 67 of the 1974 Act, may be cancelled by the debtor or hirer, essentially where oral representations about the agreement have been made to the debtor or hirer face-to-face before the agreement is made other than on the business premises of the creditor or owner or connected persons and where the agreement is not secured on land.

    38.Section 15 repeals sections 127(3) to (5) of the 1974 Act (subsection (5) is consequential on subsection (3)), which means that a court will have the power to determine in its discretion whether agreements are enforceable in accordance with section 127(1) and (2) regardless of the breach in question.
  • nottoolate
    nottoolate Posts: 1,359 Forumite
    oh of course. credit card debts are never taken to court. :rotfl::rotfl:
  • tomsco
    tomsco Posts: 174 Forumite
    The debtor signed the document to create the credit and the creditor sold it on for a profit to the investors that's why they cannot produce the original, loans, cards are big business they sell you money for profit thats why we are all in debt.

    Hey, speak for yourself. I'm not in debt.
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