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Spirit200 unsolicited ? credit token

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  • Spirit200 unsolicited ? credit token

    How can a credit card agreement be unenforceable?

    Looking through this thread a point comes to mind.
    If you are send credit card without applying for it, should you just not use it since by doing so puts you in the same position as having applied for it.
    Tags: None

  • #2
    Re: How can a credit card agreement be unenforceable?

    Originally posted by Spirit200 View Post
    How can a credit card agreement be unenforceable?

    Looking through this thread a point comes to mind.
    If you are send credit card without applying for it, should you just not use it since by doing so puts you in the same position as having applied for it.
    No, its an offence to send a credit token without having been requested, so that point im afraid falls on its backside

    And in any event, that proposition is wrong, certainly for agreements before 6th April 2007, as such circumstances would lead to the agreement being irredeemably unenforceable, so using the card changes nowt
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      Re: How can a credit card agreement be unenforceable?

      Originally posted by pt2537 View Post
      No, its an offence to send a credit token without having been requested, so that point im afraid falls on its backside

      And in any event, that proposition is wrong, certainly for agreements before 6th April 2007, as such circumstances would lead to the agreement being irredeemably unenforceable, so using the card changes nowt
      Thanks for that information

      Comment


      • #4
        Re: How can a credit card agreement be unenforceable?

        Originally posted by Spirit200 View Post
        How can a credit card agreement be unenforceable?

        If you are send credit card without applying for it, should you just not use it since by doing so puts you in the same position as having applied for it.
        This legal argument was tested and won in my case Santander v Mayhew (me ) so if you read my judgment that may help to explain things.

        http://news.bbc.co.uk/1/shared/bsp/h...wjudgement.pdf

        I don't believe this legal issue is relevant to the OP so would you like to start a new thread so we can talk more?

        Di (aka Diana Mayhew)

        Comment

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