Advice urgent please

[paulrob2808]

Please can someone help me, I have just read in the National debt line book that if you take out a credit card on the internet then the rules on asking to see the CCA and the chances of claiming for enforceable agreement is not good. I was about to send my request to egg but i filled in the application on the internet and everything is internet based on the account. I am paying nearly 300 a month and interest is around 170 but as i am selfemployed my income is now dropping and i am struggling to pay my debts. I really dont know what to do and finding myself not sleeping and worrying all the time. At the moment i have not missed any payments to creditors but things are getting hard now. hope someone can help.

[poppynurse]

If you are up to date with the payments it may be worth taking out PPI - that way if you cease trading you will be able to claim unemployment. Just pay the minimum at present to keep the account in order.

 

I'm not sure about the online application aspect - hopefully someone will be along shortly.

[flyingdoc]

Just because you applied for an account over the internet doesnt mean that the CCA does not apply.

 

They still have to send you copies of the relevant documentation and they still have to comply with all the legislation.

 

While i respect poppy's opinion, I am not sure that you could get PPI even if you wanted to, or if adding another payment to your already stretched budget would be possible.

 

The part about paying the minimum is good advice, and make sure that you dont miss payments altogether - once you miss a payment then charges start accruing and CC companies are brutal.

[enamae]

I think what you are referring to is the Electronic Order of 2004 which came into force on 31st December 2004.

 

The Consumer Credit Act 1974 (Electronic Communications) Order 2004

 

I think this means that ticking the box on line is effectively the same as signing a Credit Agreement. i.e.

 

(2) In section 61 (signing of the agreement), in paragraph (b) of subsection (2) (unexecuted agreement to be sent to debtor or hirer by post for signature), for "by post" substitute "by an appropriate method".

 

I'm sure someone will correct me if I'm wrong.

[paulrob2808]

thank you so much for the replys, I dont think the PPI would be any good as i am self employed and i have had friends who didnt get paid out because they insurance said that by being self employed then they had affectively made themselves unemployed , if you can believe that. As for ticking the box, does this mean they can produce the documentation so i would be stumped. I have posted another thread about my old accounts with MBNA which now barclaycard have taken over, all i new was when i received new cards in the post, i never signed anything requesting new cards in barclays name so if i transfered my balance from egg to these old accounts which were applied for in writing years ago then i could stand a chance. maybe. just hoping.

[Guest Alison82]

Your friends appear to have been mis sold their PPI, they might be able to reclaim it

[poppynurse]

MBNA's PPI is through St Andrew's - they do pay out self-employed folk for self employment ending if you can demonstrate that you have ceased trading (ie by notifying the tax office and getting confirmation in writing/final accounts).

 

I suspect it depends on the t&cs of each company,