Why is he saying this? - Please help

[Paule]

Re: Why is he saying this? - Please help

Don't think so!

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

You have just linked to the Credit Card forum.

Please provide Links to the ACTUAL posts that contain the statements you refer to

[Fitz]

Re: Why is he saying this? - Please help

You have just linked to the Credit Card forum.

Please provide Links to the ACTUAL posts that contain the statements you refer to

I think I stated threads, thats what I have given you.

[Amethyst]

Re: Why is he saying this? - Please help

Fitz,

If you have your credit agreement and you believe it to be unenforceable then scan it , remove personal details, and post it up, then we can help with the next step once you decide what you want to do. you have to let the credit card company know if you want to stop paying and write off the balance. if it is unenforceable then they cant chase you in court although they will most likely still default you and affect your credit record....which would then need fighting against under the dpa. if you want to use the agreement faults to sort out a sensible affordable repayment plan, or even a partial F&F offer thats often a good route to take to prevent credit record issues. its very persuasive.

We don't know the situation with your credit card company, if they are chasing you / taking you to court etc ? or if you are trying to go for a formal declaration of unenforceability in court and attempt a refund of everything you have paid (dubious).

to help you we need to know what your situation is, what the agreement is and what you want to do first.

Moral arguments aside please.

[Paule]

Re: Why is he saying this? - Please help

I think I stated threads, thats what I have given you.

You havent even linked to a thread, you have linked to the ENTIRE credit card forum

Unless you can link to an actual post that backs up your allegation that we endorse this practice, I will await your retraction and apology

[Fitz]

Re: Why is he saying this? - Please help

You havent even linked to a thread, you have linked to the ENTIRE credit card forum

Unless you can link to an actual post that backs up your allegation that we endorse this practice, I will await your retraction and apology

There is loads of threads in that Forum and as I said I mentioned 'threads' not posts, that has been you. There will be no retraction or apology as I haven't done or said anything wrong.

Again if you are not supporting or endorsing it why are the threads on this forum which clearly give advice and show how you get out of a CCA? Perhaps you may like to answer that. If its an immoral practise or not right then take them off.

[WendyB]

Re: Why is he saying this? - Please help

Can I make a suggestion here? Well actually that's a bit of a rhetorical question as I am going to make it anyway.

Fitz, can you please cut to the chase and let us know what it is you want help and advice with? We have asked this at least 3 times so far, and as yet you haven't given any information. Can we get back on track and address the issue. Never mind the moral arguments and perceived mudslinging.

We are on the second page now of this thread and so far it has got you precisely nowhere and we are going round in circles.

Start again, let us know what exactly you want help with, and we'll try to help. If opinions differ with regard to the moralities etc, then so be it.

if you don't tell us what you want, then we can't help.

Whether or not you agree with what has been posted on previous threads, this is your thread and you should keep to the point. If you don't want any help, then say so. If you want to start a thread about the morality, whys and wherefores of CCA, CMCs etc, then start it in the Lamp Post. This is not the place to do it as it will just distract from the problem.

[Paule]

Re: Why is he saying this? - Please help

Again if you are not supporting or endorsing it why are the threads on this forum which clearly give advice and show how you get out of a CCA? Perhaps you may like to answer that. If its an immoral practise or not right then take them off.

We arent endorsing it, as we keep telling you. Its you that seems to have read over a 100 threads in the last couple of hours to come to this conclusion.

You point out the threads that contain these endorsements, as already requested, and we will deal with them.

All those threads in the Credit Card Forum will contain people reclaiming charges back from their credit card providers.

It would have been more of an argument, on your part, if you had used the debt forum as an example, as that is where all the CCA discusion relating to credit cards is.

Final question.

What do you want to know?

[Fitz]

Re: Why is he saying this? - Please help

Can I make a suggestion here? Well actually that's a bit of a rhetorical question as I am going to make it anyway.

Fitz, can you please cut to the chase and let us know what it is you want help and advice with? We have asked this at least 3 times so far, and as yet you haven't given any information. Can we get back on track and address the issue. Never mind the moral arguments and perceived mudslinging.

We are on the second page now of this thread and so far it has got you precisely nowhere and we are going round in circles.

Start again, let us know what exactly you want help with, and we'll try to help. If opinions differ with regard to the moralities etc, then so be it.

if you don't tell us what you want, then we can't help.

Whether or not you agree with what has been posted on previous threads, this is your thread and you should keep to the point. If you don't want any help, then say so. If you want to start a thread about the morality, whys and wherefores of CCA, CMCs etc, then start it in the Lamp Post. This is not the place to do it as it will just distract from the problem.

Fitz,

If you have your credit agreement and you believe it to be unenforceable then scan it , remove personal details, and post it up, then we can help with the next step once you decide what you want to do. you have to let the credit card company know if you want to stop paying and write off the balance. if it is unenforceable then they cant chase you in court although they will most likely still default you and affect your credit record....which would then need fighting against under the dpa. if you want to use the agreement faults to sort out a sensible affordable repayment plan, or even a partial F&F offer thats often a good route to take to prevent credit record issues. its very persuasive.

We don't know the situation with your credit card company, if they are chasing you / taking you to court etc ? or if you are trying to go for a formal declaration of unenforceability in court and attempt a refund of everything you have paid (dubious).

to help you we need to know what your situation is, what the agreement is and what you want to do first.

Moral arguments aside please.

I totally agree, anyway I thinking I posted this before but recently I asked MBNA for a Copy of my CCA as it was something I was advised to do by Cento Client Review, apparently it would be quicker if I applied for it, so I did. Anyway when it arrived there was no agreement but an up to date copy of T & C's from them. I then sent that to Cento, paid them an awful amount of money and haven't had anything back from what they was meant to do. I then did a Google search on them and this Forum came up, I have since read numerous Threads on people putting their Credit Card Agreements into dispute because the Company cannot provide a CCA to them. One in particular appeared to represent my situation with MBNA, so I delve a little deeper and there appears to be more including guides on how to go about the procedure. I then stumble across Mrtyn Lewis's comments which for me as confused the issue even more.

People may say avoiding debt in this case is immoral but lets face it so is the way many of us have acquired it through the Creditors irresponsibilty. That imho warrants a good enough reason to investigate an individuals situation with their Creditor further.

[Amy]

Re: Why is he saying this? - Please help

At last!

[Fitz]

Re: Why is he saying this? - Please help

We arent endorsing it, as we keep telling you. Its you that seems to have read over a 100 threads in the last couple of hours to come to this conclusion.

You point out the threads that contain these endorsements, as already requested, and we will deal with them.

All those threads in the Credit Card Forum will contain people reclaiming charges back from their credit card providers.

It would have been more of an argument, on your part, if you had used the debt forum as an example, as that is where all the CCA discusion relating to credit cards is.

Final question.

What do you want to know?

Thats the bit that confuses me as it would appear that many haven't got issues with Charges but have gone straight for the unenforceable CCA's. Are you saying that initially its all about the Charges then?

[Paule]

Re: Why is he saying this? - Please help

Well its only taken 38 posts to get to the point.

We can only help you to look at your agreement and to advise you on it.
We do not condone the way companies like Cento work.
If MNBA fail to provide a compliant CCA, then they cannot enforce it, BUT the debt will still exist.
If you wish to use a company like Cento to try, as nothing is guaranteed, to write off the debt and claim back monies then that is your right, and it is your own moral judgement that matters.

[WendyB]

Re: Why is he saying this? - Please help

Well, this might seem a silly question, but what are Cento advising? As you have paid them an awful lot of money, shouldn't they be doing the work for you, instead of you having to do all the research yourself? How far have they got with your claim, and what is their proposed next course of action?

What was your balance with MBNA?
What was the amount of charges?
Have MBNA defaulted you?

[Paule]

Re: Why is he saying this? - Please help

Simple question, so we are sailing in the same direction

Are you looking to claim back any charges from your card, such as late payment fees?

OR

Are you looking to use the CCA to evade your responsibilty for the debt?

If its Yes to Q1, then we can help you
If its Yes to Q2, then good luck with Cento

[Fitz]

Re: Why is he saying this? - Please help

Well its only taken 38 posts to get to the point.

We can only help you to look at your agreement and to advise you on it.
We do not condone the way companies like Cento work.
If MNBA fail to provide a compliant CCA, then they cannot enforce it, BUT the debt will still exist.
If you wish to use a company like Cento to try, as nothing is guaranteed, to write off the debt and claim back monies then that is your right, and it is your own moral judgement that matters.

Its not really about Moral Judgements though is it? Yes you may have to say that on here but reading many threads its quite clear what people's intentions are. I have just read another Thread where initially its all about the CCR and then a few posts on its 'Oh shall I SAR them also?' Stuff like that is not about Charges, its clearly about getting away with not paying their Credit Card debt.
------------------------------- merged -------------------------------

Simple question, so we are sailing in the same direction

Are you looking to claim back any charges from your card, such as late payment fees?

OR

Are you looking to use the CCA to evade your responsibilty for the debt?

If its Yes to Q1, then we can help you
If its Yes to Q2, then good luck with Cento

Let me ask you a question firstly if I may, If people are clearly looking to claim back charges then why are they requesting their CCA initially then? I really don't understand that bit but have read many, many threads with this being the initial process.

[Paule]

Re: Why is he saying this? - Please help

In my signature below are the various guides to claiming back charges.
If you have a read of them and familarise yourself with the process.

Without wanting to sound rude, but by just picking bits of threads, so are making yourself look silly and ill informed.
I suppose you will have some of Centos' "claims" in your head as well to muddy the waters

Have a read of the claiming guides, as well as the CCA guide I posted earlier.
Then you will be better informed to decide on how you want to proceed.

Regarding Moral judgements, that is each person responsibilty and theirs alone.

Our general priority relating to the use of the CCA is to get the debt returned to the Original creditor (in your case MNBA), so that you can agreement repayments with them, rather than dealing with a Debt Collection Agency (DCA).
If a DCA wants to enforce payments then you have the right to ask them to prove they are entitled to calim the debt.
All this is covered in the CCA guide