Aqua Card refuse promissory note and A4V

[MPotter]

Re: Aqua Card refuse promissory note and A4V

Two sets of T's & C's?

Did you send the Formal CCA Request + £1.00 Fee?

nem

1) No - there was only one set of T's and C's provided.
2) Yes.

- - - Updated - - -

When did you apply for the card and how did you apply?

If it was online then a 'tick box' signature done online will suffice on the agreement

It may be that there are only one set of terms and conditions if the account is newish

ThAs Nemesis has said, did you send a formal CCA request with the fee

AS for the 50% APR , well that should have been on the credit agreement that you should have signed either online or in real

1) Online a year ago.
2) This was not provided.
3)
4)
5) I believe that it was.

[warwick65]

Re: Aqua Card refuse promissory note and A4V

When did you apply for the card and how did you apply?

If it was online then a 'tick box' signature done online will suffice on the agreement

It may be that there are only one set of terms and conditions if the account is newish

ThAs Nemesis has said, did you send a formal CCA request with the fee

AS for the 50% APR , well that should have been on the credit agreement that you should have signed either online or in real

[nemesis45]

Re: Aqua Card refuse promissory note and A4V

I have received a reply to my letter providing me with the terms and conditions. However they did not provide me with any signatures either from myself or from them. What should I do?

Two sets of T's & C's?

Did you send the Formal CCA Request + £1.00 Fee?

nem

[MPotter]

Re: Aqua Card refuse promissory note and A4V

I have received a reply to my letter providing me with the terms and conditions. However they did not provide me with any signatures either from myself or from them. What should I do?

[MPotter]

Re: Aqua Card refuse promissory note and A4V

To add to what DebtCamel has said, if it's not excessive interest that you weren't aware of, maybe you can you get a different card with a intro rate or better rate and transfer the balance ? - that's a way to keep the credit file clear. If you simply cease payments then your credit file will be affected and the account passed to a DCA eventually. If you negotiate closing the account and freezing interest and making a monthly payment - then that will also affect your credit file ( usually gets marked as arrangement ) as would a DMP.

Personally I would call 50% APR excessive for a credit card and I wasn't aware of it at the time. What shall I do?

- - - Updated - - -

Offered but refused on the grounds that I can afford the £25 per month minimum payment!

Did they increase your credit limit to a level that was unaffordably high? If they did, you could consider making an affordability complaint, see https://debtcamel.co.uk/refunds-catalogue-credit-card/.

These sort of complaints to credit cards are pretty new, there isn't a track record of cases yet that can be referred to.

If you can't afford to make the minimum payments without getting further into debt each month you should consider your full debt position and whether a debt management paln would help stabilise your situation, see https://debtcamel.co.uk/debt-options/guide-to-dmps/.

[Amethyst]

Re: Aqua Card refuse promissory note and A4V

To add to what DebtCamel has said, if it's not excessive interest that you weren't aware of, maybe you can you get a different card with a intro rate or better rate and transfer the balance ? - that's a way to keep the credit file clear. If you simply cease payments then your credit file will be affected and the account passed to a DCA eventually. If you negotiate closing the account and freezing interest and making a monthly payment - then that will also affect your credit file ( usually gets marked as arrangement ) as would a DMP.

[Anthony72]

Re: Aqua Card refuse promissory note and A4V

On Goodf you say the account is in default but now you are saying it isn't

Are you saying you do not want to settle the debt ...ever ... or just not able to right now ?
Are you also saying that you are not bothered if you get a CCJ or are made Bankrupt or no you don't have either of those

I know Aqua charge silly amounts of interest and do very quickly increase the credit limit- not in my opinion very helpful to someone who probably has a poor credit rating anyway

[MPotter]

Re: Aqua Card refuse promissory note and A4V

As Mike has alluded to, we don't support freeman on the land here, it really isn't successful, occasionally it can hold things up for a while but that's about it.

What you need to do if they are chasing you for payment of the debt is send them a CCA request. This is a formal request for a copy of the original credit agreement which must be supplied before the claimant is able to enforce (get judgment) on the debt.

This is covered under section 78 of the Consumer Credit Act 1974. the account is a credit card which is 'running credit'.

I'll paste it here for you



You can find an example letter http://legalbeagles.info/forums/show...y-of-Agreement

Use a reaL £1 POSTAL ORDER or cheque and use your proper name.

But before all that - we need to know a bit of background to the debt - are there actually any issues with the debt ? excessive charges / ppi ? When was the account defaulted (ie when did you stop making payments ?) - the account is still with the original creditor ? so I'm assuming it's not that old and there's not a six year gap between your last payment and today. Also presumably you aren't actually wanting to settle the debt. Much else in the way of debt? Any concerns over a CCJ ? Bankruptcy etc ?

Charges were excessive. No further issues. Account not defaulted, with original creditor. Not that old and no six year gap. I don't want to settle the debt, not that much else and no CCJ or bankruptcy.

[Debt Camel]

Re: Aqua Card refuse promissory note and A4V

Did they increase your credit limit to a level that was unaffordably high? If they did, you could consider making an affordability complaint, see https://debtcamel.co.uk/refunds-catalogue-credit-card/.

These sort of complaints to credit cards are pretty new, there isn't a track record of cases yet that can be referred to.

If you can't afford to make the minimum payments without getting further into debt each month you should consider your full debt position and whether a debt management paln would help stabilise your situation, see https://debtcamel.co.uk/debt-options/guide-to-dmps/.

[MPotter]

Re: Aqua Card refuse promissory note and A4V

Is there any issue such as irresponsible lending?> were you able to afford the payments when you borrowed the funds ?

In my opinion yes they clearly lent me the money irresponsibly. When I borrowed the funds I was NOT able to afford to pay any money towards the actual debt. However they still allowed me to borrow the funds! :0

[pt2537]

Re: Aqua Card refuse promissory note and A4V

No default yet but the situation is that the interest is SO high that it is impossible to even stop it growing each month, let alone pay off the ACTUAL DEBT!

Is there any issue such as irresponsible lending?> were you able to afford the payments when you borrowed the funds ?

[MPotter]

Re: Aqua Card refuse promissory note and A4V

As Mike has alluded to, we don't support freeman on the land here, it really isn't successful, occasionally it can hold things up for a while but that's about it.

What you need to do if they are chasing you for payment of the debt is send them a CCA request. This is a formal request for a copy of the original credit agreement which must be supplied before the claimant is able to enforce (get judgment) on the debt.

This is covered under section 78 of the Consumer Credit Act 1974. the account is a credit card which is 'running credit'.

I'll paste it here for you



You can find an example letter http://legalbeagles.info/forums/show...y-of-Agreement

Use a reaL £1 POSTAL ORDER or cheque and use your proper name.

But before all that - we need to know a bit of background to the debt - are there actually any issues with the debt ? excessive charges / ppi ? When was the account defaulted (ie when did you stop making payments ?) - the account is still with the original creditor ? so I'm assuming it's not that old and there's not a six year gap between your last payment and today. Also presumably you aren't actually wanting to settle the debt. Much else in the way of debt? Any concerns over a CCJ ? Bankruptcy etc ?

No default yet but the situation is that the interest is SO high that it is impossible to even stop it growing each month, let alone pay off the ACTUAL DEBT!

[charitynjw]

Re: Aqua Card refuse promissory note and A4V

From what I have read, my take on promissory notes is that it has to be agreed by both parties (ie you can't unilaterally impose a PN on someone).

[MIKE770]

Re: Aqua Card refuse promissory note and A4V

CCA Request

[MPotter]

Re: Aqua Card refuse promissory note and A4V

Yes it is