We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Strange Lowell Letter
Comments
-
I am happy to call hogwash on my post too, in order to protect your reputationMarktheshark wrote: »Hogwash
Good, we are dirinking out of the same bottle.Marktheshark wrote: »contrafactual rights.
That requires a link to a statute law, methinksMarktheshark wrote: »A credit agreement has to be signed by a person over 18 to be enforceable period.
Thanks for pointing that out. The problem is that OP may face that argument in court. So to be useful, you should not waste time knocking down a strawman such as myself. You should provide the arguments which dispose of that opinionMarktheshark wrote: »The link you posted is actually "opinion" of a debt collecting solicitor firm
Oh, so we are not drinking from the same bottle? if it is the "legal law" you must be drinking from Deputy Dawg's bottle!Marktheshark wrote: »not correct legal legislation.
I stick with my point:
And it may well carry weight in court even if it ain't the legal law or in other terms if it ain't "not correct legal legislation".But if there is a CCA, then it is not clear to me that this would play in OP's favour in court. An argument that- There is a CCA albeit signed while OP was [just] a minor
- The CCA was not actively voided by the OP before reaching 18, nor for X years thereafter
- The contract was ratified by actual borrowing after the age of 18
- The contract was further ratified by payments towards the debt
So your task is not really to demolish me as a purveyor of hogwash. Because I am not arguing about the law - I am suggesting that a line of argument could be deployed against OP and that it could be upheld in court. So again, your task is not so much to demolish me as to provide arguments which will help OP in court.
You really need to quote a statute or precedent as to why
and a further basis for believing that use of that credit facility after the age of 18 does not constitute ratification of the contract.A credit agreement has to be signed by a person over 18 to be enforceable period.
What is important here is no so much the law, it is what will stand up in a court. OP's case might not go to court - but if it does, it is not the 'legal legislation' which matters, it is the view which prevails in court on the day. OP is unlikely to be able to take this to appeal. But if your reputation is more important to you than the consequences for OP carry on calling 'hogwash' rather than providing a reasoned and sourced argument which OP will be able to deploy, then carry on arguing.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.2K Banking & Borrowing
- 253.6K Reduce Debt & Boost Income
- 454.3K Spending & Discounts
- 245.2K Work, Benefits & Business
- 600.9K Mortgages, Homes & Bills
- 177.5K Life & Family
- 259K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards