Unenforceable Debt.

[MCKENNARISE]

Would i be right in saying the following.

 

I have a credit card to mbna, currently £4,000 approx 90% of charges i suspect.

 

Maybe i am of the mark, but i thought i read this on another thread?

 

I know i can get back the charges. But if i requested the original signed agreement etc and they didn't provide within the 30 days would the debt become unenforceable. If the debt was unenforceable, ie there is no debt, would i be right in saying i could ask for all money back i ever paid to them.

 

Don't shoot me down, just thought i maybe picked this up wrong..

[surreyscouse]

somebody is going to go mad at you for asking that ! Not me though

 

You are correct that the debt would be unenforceable if there is no signed credit agreement. However, refunding all of the monies paid has not really been proven by anybody. I know people have had debts written off, but have not heard of any cases where refunds of all monies paid have been given.

 

The mods may well say that this site is to help you get refunds of charges and not to escape debts, but questions like this inevitably keep cropping up. I guess it is your shout if you want to try and get out of paying, although i would seriously suggest that you get the charges removed first as IF you were to get all of your money refunded then you will have more in your pocket if you get the charges knocked off first. by the way, that is a very big IF !

[MCKENNARISE]

Sorry surreyscouse..

 

Found that thread, typed in 'citi' in search facility, thread: Loan Company Cannot Supply The Original Agreement . Think you followed this thread. It seems this thread shows someone doing this. Am i correct in saying this or was there circumstance different?

[surreyscouse]

put it this way, no harm in giving it a go. As it's mbna and i hate them then if it was my decision then i'd say go for it in a big way. I suppose nothing ventured is nothing gained. I think the circumstances in that thread you mentioned are different in that it was a DCA that was involved and not the original lender, although mbna's storage system is not the hottest the world and they will probably strugle to meet the 12 day deadline if not the 30 day one as well.

[Sev]

As was touched on in another thread, is that if you decide not to pay and eventually you have to go to court, the first thing that will be thrown at you is 'did you spend the money or didn't you?' you could certainly get them fined, but the prospect of having this all written off is highly unlikely.

 

That was it, Surreyscouse's thread on getting everyone to send the letter asking for the original agreement on the same day - for which i'm all up for, even if just for the wind up factor!

 

Like ss, i really [edit].

 

[MODERATED: These comments are completely unacceptable and will not be tolerated]