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Credit Card Agreement

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  • oscar52
    oscar52 Posts: 2,272 Forumite
    Your card would have been attached to it.


    So if the T&Cs were sent with the card, they couldn't have agreed to them when they signed....


    Why do all those people saying "pay the debt" assume OP is in debt, its never actually been mentioned......
    No Longer works for MBNA as of August 2010 - redundancy money will be nice though.

    Proud to be a Friend of Niddy.
    no idea what my nerdnumber is - i am now officially nerd 229, no idea on my debt free date
  • oscar52 wrote: »
    So if the T&Cs were sent with the card, they couldn't have agreed to them when they signed....

    Actually, they could and did. They agreed to the t&cs when they applied, and then get sent a copy for reference when they get their card.
  • oscar52
    oscar52 Posts: 2,272 Forumite
    Actually, they could and did. They agreed to the t&cs when they applied, and then get sent a copy for reference when they get their card.


    You cant agree to something you have not read, and as you say, it got sent with the card so coudnt have been read previously.
    No Longer works for MBNA as of August 2010 - redundancy money will be nice though.

    Proud to be a Friend of Niddy.
    no idea what my nerdnumber is - i am now officially nerd 229, no idea on my debt free date
  • He read them when he applied. And agreed to them when he applied. And received another copy when he got the card.

    It is possible for documents to be provided more than once.
  • Anthorn
    Anthorn Posts: 4,362 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    whambam wrote: »

    Also, if they fail to provide you with a credit agreement when asked or even advise you on how to obtain one or sent any request forms is your debt still enforceable by courts?

    Only in the sense that if they don't have the credit agreement they cannot prove the debt is yours. Conversely, you are not responsible for a debt if you are not mentioned on the credit agreement.

    It's up to them to prove you owe the debt not up to you to prove you don't owe it. If they can't prove it you don't owe it, simple. You could actually complain to or about a lender or agency for chasing you for a debt that is not yours. Could also be possible to reclaim payments you have already made on a debt that is not yours.
  • oscar52 wrote: »
    So if the T&Cs were sent with the card, they couldn't have agreed to them when they signed....


    Why do all those people saying "pay the debt" assume OP is in debt, its never actually been mentioned......

    Partner in the fact that they would in the most likely of cases applied online for the card whereby they had full details of the actual terms and conditions to hand and as per most people failed to read them, Hard copy signatures are a thing of the past when you apply online so to just check a box is a confirmation that you read the full T&C's plus agree to them.
  • eskbanker
    eskbanker Posts: 37,189 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    oscar52 wrote: »
    Why do all those people saying "pay the debt" assume OP is in debt, its never actually been mentioned......
    It has in various other threads, including:

    https://forums.moneysavingexpert.com/discussion/comment/70763402#Comment_70763402
    https://forums.moneysavingexpert.com/discussion/comment/71696671#Comment_71696671

    To be honest I can understand why someone in dire financial straits might look to exploit any and every loophole to get back on an even keel, but to try to take the moral high ground and righteously portray this as some sort of noble crusade against the evil banks ("It's time to fight. They banks get bailed out all the time why can't we at least its fair") just because you can't/won't pay back their money takes a special sort of brass neck....
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