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Advice please - CCA not signed.

Hi All,

I was hoping for some advice re: a credit card that I recently applied for but never actually signed a CCA. I saw a thread on here a while ago where some moneysavers were asking for the CCA to be provided and if it couldn't then I was assuming the debt could potentially be wiped?

Anyhow, the reason for the above query (and the interest) is because I recently switched cards to a 0%. I applied over the phone but the CCA never came through, I was advised that I could go into a store for said company and sign up there for the credit card there - I did, but all I signed was the application form - not a CCA. I have received two letters since asking for a CCA to be signed with which to this point, I haven't. The difference between the two was that the first was just an app form which they filled out (I think to bring my details up on screen as the app went through after I left). The CCA is at least 3 pages long!

Now most of you are probably thinking, so whats the problem - sign it and send it back......here's the interesting bit - I was sent the card and I have also phoned and the money has been transferred from my old cards. Its been nearly a month now with no bill? I have not used the card (and do not intend to) for any other purpose.

The question is without a signed CCA have I just written off my debt because of a mistake they have made

Any comments appreciated :-)

Comments

  • Bokkens
    Bokkens Posts: 505 Forumite
    NO,
    If you keep or spend the money you will have commited a deception as you knowingly deceived the CC company.
    If you read the Terms and Conditions carefully you will probably find that there is no contract between you and the CC company and as such the above deception will have been comitted.Keeping the funds and the card could be construded as theft.
    Ring up customer services and either get the form sent to you and sign it or cut the card up and close the account,the situation may look ideal at this moment in time but it won't in four years time when they are chasing you for the money and you can't get any credit.
    Using the card properly is part of the conditions of having the card so the CC company could take action at this stage if they wanted to.
    Previously known as Bokken,registered at MSE in Nov 04,computer glich deleted my access but it is fun building up my stars from scratch,again.:D
  • jamalfatty
    jamalfatty Posts: 960 Forumite
    Whether or not they have made a mistake is immaterial really, you have acknowledged you owe this money so should pay it. And I'm far from an expert, but the box you signed on the application form I suspect would have had the pertinent CCA information - I've only ever seen them in small boxes, not 3 pages long.

    This is a moneysaving site, not a 'get out of my responsibility to pay my debt' site
  • newbs23
    newbs23 Posts: 15 Forumite
    Thanks for your replys, apologies if my initial post above did not ring true - I was only enquirying as to whether I was legally binding and as pointed out, if there were any problems around it.

    I appreciate the comments I have recieved but did take slight offence to "This is a moneysaving site, not a 'get out of my responsibility to pay my debt' site". Maybe I took this out of context but at the same time, I did not feel it was relevant - I did appreciate the comments that were written above it nevertheless.

    Thanks for clearing this up for me.
  • jamalfatty
    jamalfatty Posts: 960 Forumite
    newbs23 wrote: »
    Thanks for your replys, apologies if my initial post above did not ring true - I was only enquirying as to whether I was legally binding and as pointed out, if there were any problems around it.

    I appreciate the comments I have recieved but did take slight offence to "This is a moneysaving site, not a 'get out of my responsibility to pay my debt' site". Maybe I took this out of context but at the same time, I did not feel it was relevant - I did appreciate the comments that were written above it nevertheless.

    Thanks for clearing this up for me.

    Wasnt meant to cause offence or solely aimed at yourself, but there's been a lot of people it seems recently just coming on here to try and get justification for getting out of paying what is a legitimate debt - which in the end we all end up paying more for, which I take offence to :p

    New credit card accounts because of the way cycles run dont usually get a statement for anything up to 8 weeks after being opened which may explain why you havent had one. I'm sure it may have happened on rare occasions in past, but very much doubt they would have processed any transactions for you on a new account without a signed agreement. The unenforcable CCA usually occurs when an agreement gets lost in transit between the original creditor and the debt being passed on to a DCA
  • newbs23
    newbs23 Posts: 15 Forumite
    no problem Jamal - and I can fully appreciate what you are saying. I shall give it another week and see if anything pops through the door - if not, I will give them a ring and see whats happening.
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