Why is he saying this? - Please help

[Paule]

Re: Why is he saying this? - Please help

There also appears to be a enormous amount of advise on how to do this and stop paying the Credit Card all together including guides.

Well follow that then, what else you need to know, if its all there already.

Let us know how you get on

[Amy]

Re: Why is he saying this? - Please help

There also appears to be a enormous amount of advise on how to do this and stop paying the Credit Card all together including guides.

Then you don't need us, you know what to do.

[Fitz]

Re: Why is he saying this? - Please help

This is going round in circles!

You can either

a) claim back the penalty charges which MBNA have charged you. This will include charges for late payment, overelimit fees etc. Any charges you win back will be ofset against the balance owing on your account. If there is any left over this will be yours.

b) ask for a copy of your CCA. If there is no CCA or if it is unenforceable you may be able to cease to pay.

It is up to you todecide whicxh way you wish to deal with this, and up to you to decide on the morality of whichever course you choose. Generally we do not advocate using CCA as a way of avoiding paying your debts, however as Robster mentioned above, if MBNA have commenced court action against you it might be useful as a negotiation tool in your defence.

At last! Thats all I really wanted to hear which I feel was relevant to my initial question. I came on here for advice, not to be questioned with the intention of being caught out. I think I made myself clear when mentioning my intial response from MBNA.

[StoneLaughter]

Re: Why is he saying this? - Please help

...and sometimes advice can't be useful unless we have a lot of information from you. Nobody here will try to catch you out; we just want to make sure we have all the information we need to give informed, useful, relevant advice.

[ROBSTER]

Re: Why is he saying this? - Please help

I think I may have an unenforceable agreement, what would you advise?
------------------------------- merged -------------------------------


So why is there hundreds of posts on this forum advising people that the Credit Card Companies 'haven't a leg to stand on' when it comes to enforcing a consumers debt? There also appears to be a enormous amount of advise on how to do this and stop paying the Credit Card all together including guides. Why suddenly is there now a stance appearing that 'you shoudn't really do that'?

If it is deemed as being not right like you and others are suggesting why is their many, many threads advising people with clear intention to avoid paying their Credit Card Debts?

This is my personal opinion, if a bank (or credit card) are wrongly charging you for a "service" of writting to you to tell you that your payment was not received at the rate of £25 or even £12 a time then you should claim it back and any interest that they have made from you on those charges.

If you are of the opinion that you can go on a world cruise, max all of your cards and then ask a court to deem the debt unenforcable I (personally) would have a moral problem with this. Basil Rankine seemed to have differculty in convincing a court on this type of basis where the credit card company is the DEFENDANT.



HOWEVER, if a credit card company is the CLAIMANT and is trying to persuade a court to enforce an unenforcable contract I would be (as i believe a Judge might) to support a defence that the paper work was not in order (if it wern't) and strike out the claim on that basis.

That is my opinion . You make up you own mind & i wish you well in which ever action you take.

[Fitz]

Re: Why is he saying this? - Please help

Then you don't need us, you know what to do.

Have some of you got out of the wrong side of the bed this morning or something? Jeez

I obviously needed help/advice as I wouldn't have asked the original question. His quotes to me greatly confuse the issue's surrounding what you can and cannot do with a Credit Card and its Agreement.

Why have you and others tried to turn this into something its not?

[enaid]

Re: Why is he saying this? - Please help

At last! Thats all I really wanted to hear which I feel was relevant to my initial question. I came on here for advice, not to be questioned with the intention of being caught out. I think I made myself clear when mentioning my intial response from MBNA.

I am sorry, I thought your initial question was about the article you read on another site.


"I'm keen to start proceedings with my Credit Card company, however I found this article and wondered why is he saying some of the stuff in it. Is he right? Is he on the side of Credit Card company's? I've done a fair bit of research and this has thrown me out a bit."

[WendyB]

Re: Why is he saying this? - Please help

Have some of you got out of the wrong side of the bed this morning or something? Jeez

I obviously needed help/advice as I wouldn't have asked the original question. His quotes to me greatly confuse the issue's surrounding what you can and cannot do with a Credit Card and its Agreement.

Why have you and others tried to turn this into something its not?

Okay, okay. Wires obviously got crossed somewhere along the line. Shall we all start again and play nicely now please?

Fitz, if you give us some more background/info on this we will advise as best we can.

My personal opinion is that i agree with Robster's last post. (Although I quite fancy a world cruise, but my current credit card limit wouldn't even get me as far as Milton Keynes!)

[Paule]

Re: Why is he saying this? - Please help

Everything we have regarding CCAs are in this thread

Have a read, it should answer your questions

Consumer Credit Agreements - A Guide - Legal Beagles

[Fitz]

Re: Why is he saying this? - Please help

If you are of the opinion that you can go on a world cruise, max all of your cards and then ask a court to deem the debt unenforcable I (personally) would have a moral problem with this. Basil Rankine seemed to have differculty in convincing a court on this type of basis where the credit card company is the DEFENDANT.

Ok this is my point I guess, you clearly state this but there is loads of threads on this website endorsing it along with advise and support for people who may have had a surge on spending and then feel they shoudn't pay anymore. I may also add, but they are taking great pleasure in it to so it would seem. I find that strange when people including Martyn Lewis are suggesting it cannot reallybe done. There are people who appear to be going for this before any Charging issues may or may not exist on their accounts. Again if its so immoral and not right why is this site endorsing it and why are people recieving support and advice on how to do it??

[Paule]

Re: Why is he saying this? - Please help

there is loads of threads on this website endorsing it along with advise and support for people who may have had a surge on spending and then feel they shoudn't pay anymore. I may also add, but they are taking great pleasure in it to so it would seem. I find that strange when people including Martyn Lewis are suggesting it cannot reallybe done. There are people who appear to be going for this before any Charging issues may or may not exist on their accounts. Again if its so immoral and not right why is this site endorsing it and why are people recieving support and advice on how to do it??

Please post links to these endorsements and backup your allegations

[WendyB]

Re: Why is he saying this? - Please help

I think you will find that we are not endorsing it, as has been said in previous posts, CCA is useful as a negotiation tool if your credit card company has already commenced action against you. By only quoting selective parts of a post, you are not taking the whole thing in context.

The question has been asked, what do you want to do? How do you want to proceed with your current situation? All the advice/guides/templates are here on the site, make use of them as you wish.


There has already been enough said about the whys and wherefores of the CCA argument, morality etc. Everyone has different opinions on this. The opinions expressed by people are their own, not necessarily those of the site.

[Paule]

Re: Why is he saying this? - Please help

We can help you get a copy of your CCA
We can help you respond to letters from your creditors
We can tell you that you can stop paying them if they dont have a valid agreement
We can help you defend any actions brought against you by your creditors

Basically we will help you use the CCA for what it was intended and that is to protect consumers from unfair practices.

the Act was introduced to protect the individual who is unsophisticated in financial affairs and contracts with unscrupulous and sophisticated financial institutions. ‗It was not designed to help individuals in the financial services business make money out of financial institutions through exploiting its undoubted technicalities.

[ROBSTER]

Re: Why is he saying this? - Please help

Please post links to these endorsements and backup your allegations

I think you might struggle with that one fitz

[Fitz]

Re: Why is he saying this? - Please help

I think you might struggle with that one fitz

Don't think so!

http://legalbeagles.info/forums/forumdisplay.php?f=52