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warwicklad

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  1. Why oh why didnt i study law rather than blimmin computer programming....i've been reading this forum for about 5 hours now and i am totally hooked..its fascinating. I have one more question of which i would value the definitive answer to, what are the EXACT requirement/laws regarding cards taken out at different dates (i.e i have read somewhere that cards taken out after April 2007 do not need a cca) and are there any differences to online applications. Thank you your honour!
  2. THANK YOU THANK YOU SO MUCH!!!!! YOU DO NOT KNOW HOW MUCH I WAS DREADING READING THE RESPONSE TO MY QUESTION......I REALLY THOUGHT IT WAS RIGHT. I WOULD BE MORE THAN HAPPY TO GIVE YOU THE URL OF WHERE I READ IT, AND WILL HELP YOU IN ANYWAY TO DISCREDIT THIS INFORMATION. AS I CANNOT POST A URL..GO AND HAVE A LOOK ON WWW DOT DEBTQUESTIONS DOT CO DOT UK AND SEARCH FOR Post subject: CCA Requests and Credit Cards (High Court RulinG) PLEASE GO GET HIM!! GOD IM SO SO ANGRY NOW....I NEED TO GO AND WALK THE DOG AND GET SOME FRESH AIR....THANK YOU AGAIN FOR YOUR FAST AND CONCISE RESPONSE.. DOES EVERYONE REALISE HOW LUCKY THEY ARE HAVING ACCESS TO SUCH A GREAT FORUM...PT2537 YOU ARE MY GUARDIAN ANGEL AND MAY GOOD LUCK SHINE DOWN ON YOU. IT HAS MADE ME EVEN MORE ANGRY NOW, COULD THE CHAP NAMED 'TIM' WHO HAS WRITTEN THIS BE WORKING FOR A CC COMPANY?? AND FRIGHTENING HARD WORKING LAW ABIDIING CITIZENS LIKE MYSELF INTO THINKING THEY HAD NO RIGHTS. I HAVE JUST READ THE WILSON VS FCT CASE...FASCINATING.. WOULD RECOMMEND THIS TO EVERYONE.
  3. I have been an avid memberof this forum for some time, lurking in the backround trying to get as much information as i can, and i feel like i have learned so much from some very wise owls on this forum. I have a question though, and i have searched the faq's and cannot find a clear definitive answer. It is regarding CCA's - as i was just about to send them to my cc companies - i have 2 cards from 2001 and 3 from a couple of years ago - applied for online i think. Everything i have read on this forum got me fired up into going down the CCA route as i have been treated disgustingly by these companies when i was in hardship last year and got no sympathy from them. But i have read this on another forum: Issue 5 True Copies A credit card issuer is required to provide three copies of agreement to a borrower. The first copy (which is set out as an application form) is signed by the borrower and sent to the lender. The borrower is given, with this application copy, a copy to keep (in accordance with the requirements of section 62 of the Act. This is the requirement to provide a copy of the unexecuted agreement (unexecuted because at that stage it has not been accepted or signed by the lender). When the agreement is executed a credit card is sent out, and usually this is attached to the “card carrier” copy of the agreement. This copy has to be sent to the borrower by virtue of section 63(4) of the Act and this is the executed copy. The requirement for such documents to be “true copies” is set out in regulation 3(1) of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983. Regulation 3(2) provides that the lender can omit from this document any signature and/or signature box, so although the card carrier is the executed copy, it does not have to (and invariably will not) bear the parties signatures. Source: Basil Rankine vs American Express Services Europe Limited High Court Judge at Birmingham Civil Justice Centre Authorised by Section 9 of the Supreme Court Act 1981 16th May 2008 OK it looks and sound pretty, but what this means is that as far as the court is concerned, the fact that you have applied for a credit card, and a card has been issued to you, then the application (unexecuted agreement) stands up in court. So please be aware that if you make a CCA request for the original signed agreement for a credit card, and all you are sent is the application form that bears your signature, and you did receive the card, then that is sufficient for legal action!!! So now i am worried and really confused....is this bloke correct? or is he a mole from a credit card company trying to worry people. Any advice please as i really am at the end of my worry threshold.
  4. Hi there, just after some advice from those older and wiser than me, just got myself into a bit of credit card debt problems which i dont think im going to be able to get on top off for a few years...is it worth me trying to chang the ownership of my property to a friend or relative to prevent any charging orders in th future...although they would be a long way off. i owe about £20,000 - and own my flat worth £120000 which i owe £40000 on. my plan was to change ownership (sell) my flat to my parents - stash the cash - then offer low settlements to my debtors...any advice would be so so grateful. thank you anyone.
  5. Hi there, i was just wondering what the 'exact' legal document is that governs a credit card agreement. and would it be worth me writing to any of my creditors to see if they can provide me with these, as i have heard if they cannot the debt is not written off it is just enforcable. i have every notion of payng off 70% of my debts - but some i feel were pushed on me by the creditors when they knew i was getting in trouble after being made redundant, splitting up with my fiancee and my besty friend dieing in a car crash i have had to go on incapacity for a few months as i have not slept for weeks - and get breathless/energyless after putting my socks on etc...... so just after a bit of advice from those older and wiser than me. ill be back for more detailed advce soon - for long term - as i have £125,000 property with only £42,000 but fixed at 6.59 until 2012 with a fat ERP of 1765...god knows how that got past me....so ive never changed lender.... and i have got a great business opportunity to invest in within the next few months. not sure what to do.
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