Why is he saying this? - Please help

[Fitz]

http://www.moneysavingexpert.com/rec...off-your-debts

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.

Apologies if it has been covered before.

[enaid]

Re: Why is he saying this? - Please help

IMO he is 'saying that' to put you in the picture about the claims companies who are telling you they may be able to get your debts wiped off for a fee.
It is then up to you if you use one of these companies or not.
We are here to help you reclaim your charges back from the CC companies yourself and for free.
Hope that helps
Enaid x

[Fitz]

Re: Why is he saying this? - Please help

IMO he is 'saying that' to put you in the picture about the claims companies who are telling you they may be able to get your debts wiped off for a fee.
It is then up to you if you use one of these companies or not.
We are here to help you reclaim your charges back from the CC companies yourself and for free.
Hope that helps
Enaid x

Thanks Enaid, much appreciated

However I was refering more to this comment:

The legal premise
It’s argued if lenders can’t produce a credit agreement or made admin errors, eg, omitting a key term like the APR, the debt can be wiped. This is not universally accepted, and there’s only limited evidence of success.

[enaid]

Re: Why is he saying this? - Please help

Thanks Enaid, much appreciated

However I was refering more to this comment:

The legal premise
It’s argued if lenders can’t produce a credit agreement or made admin errors, eg, omitting a key term like the APR, the debt can be wiped. This is not universally accepted, and there’s only limited evidence of success.

that is answered here, as I would imagine any legal premise would have to be decided by a court, but then again that is only my opinion

What the courts say
A Chester County Court Judge is currently considering suspending all his cases pending results of some prospective High Court test cases (see Court credit hold news story). Some believe it’d mean all similar claims go on hold, though non-court negotiation would still take place.





If you are going to reclaim your CC charges back yourself please start a thread and we will give you all the help you need.
Enaid x

[Fitz]

Re: Why is he saying this? - Please help

that is answered here, as I would imagine any legal premise would have to be decided by a court, but then again that is only my opinion

What the courts say
A Chester County Court Judge is currently considering suspending all his cases pending results of some prospective High Court test cases (see Court credit hold news story). Some believe it’d mean all similar claims go on hold, though non-court negotiation would still take place.





If you are going to reclaim your CC charges back yourself please start a thread and we will give you all the help you need.
Enaid x

Ok thats confused me even more as has many articles I have read on this site. I cannot understand why there are Threads suggesting Consumers should be doing this, doing that to have their Credit Card debts wiped off and then articles like these suggest they should be doing otherwise.

I also though the Chester court article was meant to be highly exagerated?? I'm sure I have read an article on this site suggesting that.

I have reason to believe my CCA doesn't exist as I have requested it before and got their T & C's. I'm just a little confused of my next actions and the fear that everything will go wrong and being in a worse situation than I currently am. MBNA are being ********s towards me at the moment and I feel its time to fight back. The confusion and non clarity on what should be done has left me rather deflated though. What would you advise?

[enaid]

Re: Why is he saying this? - Please help

Here is a link to a thread all about CCA's and how it can help with your claim.
Legal Beagles

[Amy]

Re: Why is he saying this? - Please help

I'm keen to start proceedings with my Credit Card company

What proceedings are you keen to start?

[Fitz]

Re: Why is he saying this? - Please help

Thanks
------------------------------- merged -------------------------------

What proceedings are you keen to start?

I don't believe they have a enforceable CCA and after a discussion the other day they practicully admitted it by saying their current T&C's acts as the Agreement.

[Amy]

Re: Why is he saying this? - Please help

Thanks
I don't believe they have a enforceable CCA and after a discussion the other day they practicully admitted it by saying their current T&C's acts as the Agreement.

Yes I understand that, but what action do you wish to take?

[Fitz]

Re: Why is he saying this? - Please help

Yes I understand that, but what action do you wish to take?

The same as everyone else I would guess, what would you advise?

[ROBSTER]

Re: Why is he saying this? - Please help

Are You Intending To Claim Back "charges" You Have Had On Your Card (if So Martins Comments Have Nothing To Do With That>>go Ahead) Or Are You Attempting To Have The Balance (ie Money You Have Spent On The Card) Written Off? That Is What Martin's Artical Is About.

[Amy]

Re: Why is he saying this? - Please help

The same as everyone else I would guess, what would you advise?

I'm not sure anyone will be able to advise as you haven't said what you are trying to achieve.

[ROBSTER]

Re: Why is he saying this? - Please help

FITZ,

If you wish to claim back your "default" charges (such as late payment or overlimit charges) you are in the right place.

In the matter of the subject of having your balance (including what you have spent on the card) deemed unenforcable (which is what Martin is talking about) you need to take a different approach all together. You need to decide on the morality of this, however if the credit card company have instigated court proceeding against YOU it is worth ensuring that they are not trying to sue you over an unenforcable contract. I am sure you will get help in this matter here also but it is not as "written in stone" as claiming back the first mentioned "default charges".

I hope that makes sense?

[Fitz]

Re: Why is he saying this? - Please help

Are You Intending To Claim Back "charges" You Have Had On Your Card (if So Martins Comments Have Nothing To Do With That>>go Ahead) Or Are You Attempting To Have The Balance (ie Money You Have Spent On The Card) Written Off? That Is What Martin's Artical Is About.

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

FITZ,

If you wish to claim back your "default" charges (such as late payment or overlimit charges) you are in the right place.

In the matter of the subject of having your balance (including what you have spent on the card) deemed unenforcable (which is what Martin is talking about) you need to take a different approach all together. You need to decide on the morality of this, however if the credit card company have instigated court proceeding against YOU it is worth ensuring that they are not trying to sue you over an unenforcable contract. I am sure you will get help in this matter here also but it is not as "written in stone" as claiming back the first mentioned "default charges".

I hope that makes sense?

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?

[WendyB]

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.