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Paying A Loan Agrement On A Credit Card, Which Is Incorrectly Executed....

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Can anyone help with this one?

 

If a loan agreement (in whatever shape or form) is paid for using a credit card, can you make a claim under Section 75?

 

For example, you paid a loan agreement which was incorrectly executed and thus reclaimed under Section 75????

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Claim for what?

 

The CC company would be liable for any damages, the same as the OC was - they would be jointly liable.

 

I'm not sure I understand your question, so I won't try to answer it any further until I do :lol:


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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if the loan agreement was improperly executed, any claim in respect of a misrepresentation or breach of contract on the loan agreement being unenforceable.....

 

:lol:

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Damages, yes in theory


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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so if I paid over £20,000 on a £25000 loan, I could sue them for?:

 

1) they amounts paid (£20000)

2) the amount paid and the agreement written off?

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No, as s.75 will only recover the payments made using the card, not the advance or the interest

 

Also, if the debt is unenforceable, you wouldn't be paying it anyway, therefore couldn't claim back from the CC company

 

:confused:


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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No, as s.75 will only recover the payments made using the card, not the advance or the interest

 

You dont get just the payment back. see below:

 

mrs xxxx spots the high tech TV she’s been planning to buy at half price for £500 including delivery in a high street sale. Yet she’s only got £10 left on her card limit (don’t worry, it’s a cashback card, she’s going to pay it off in full).

 

mrs xxx pays £10 of the cost on her credit card and the rest on her debit card. Sadly the next day the store goes bust, before her telly is delivered. Yet she can claim the WHOLE £500 back from the credit card company, because she paid in part on the card

 

Also, if the debt is unenforceable, you wouldn't be paying it anyway, therefore couldn't claim back from the CC company

 

A court can only declare a loan agreement unenforeable.

 

:confused:

 

 

If there is a misrepresentation (misleading the interest rate on the loan agreement, or perhaps stating on the loan agreement that the payment of xxx is for mortgage indemnity fee and its subsequently shown that interest is charged on it, but not stated on the loan agreement, or perhaps a breach of contract, then you could claim under section 75??

 

ie. you could claim all of the payments made against the loan (in this case £20,000 and ask the court for a declaration that the loan agreement is unenforceable???

 

what yer think?

 

;)

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What purchases are covered under Section 75?

 

The beauty about Section 75 is that it covers more than just full payment credit card transactions:

  • Your credit card company must cover purchases which cost between £100 and £30,000.
  • Even if you partly pay for something with a credit card, your card company will still have to stump up.
  • Got a store card? Section 75 applies to those too.
  • If you buy anything on hire-purchase agreements, you're also covered.
  • Other credit agreements - such as a car loan through a dealer - are covered too, if the agreement states words such as 'This agreement is covered by the Consumer Credit Act 1974' or has similar wording.

AVE IT......!!!!!!!:D:D:D

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When something sounds too good to be true.........

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Best bit is that on my subject access request, IT SHOWS THAT I PAID BY CREDIT CARD ON A COUPLE OF PAYMENTS!!!!!!

 

AS FOR WHETHER YOU CAN CLAIM..... JUST ASK MARTIN LEWIS.... ha,ha.

 

:D:D

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And if you havent made a credit card payment yet on a misdescribed loan

 

MAKE ONE!!!!!

 

ha,ha,

:D

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A more succinct title for this thread might give it the exposure it deserves:D

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You've lost me


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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I'm confused, I thought section 75 only applied to "Goods" received form a "Supplier". A loan isn't considered to be specific goods surely as the money could be used to buy anything?? :confused:

 

Maybe it's just me reading it wrong, but the part in post 11 where it states that hire-purchase and car loans are also covered says to me that you can claim FROM the creditor of those agreements too if something goes wrong with the supplier that provided the goods for those agreements.

 

As in; all agreements regulated by the Consumer Credit Act 1974 have to abide by Section 75 of the Consumer Credit Act 1974 where there is a debtor-creditor-supplier relationship.

 

The only related thing I can find by Martin Lewis is:

"Does it apply to other credit? A. While the bulk of claims are made to credit card providers, the law also applies to other types of credit agreement (except where the supplier is also the creditor, eg for some car finance).

Personal bank loans specifically for large items do not get Section 75 protection, even though the loan's a regulated agreement. This is because to be covered the finance must be properly linked to an item (known as a Debtor-Creditor-Supplier agreement) so that the finance company can see a clear relationship between the money and the goods.

Paying by credit card is paying directly for goods, meaning the relationship's clear, whereas bank loans, even if ostensibly for a car, could actually be spent on anything."

 

Just my take on it.


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Flippin good luck trying to sue your credit card company on this one. I think it'll take rather more than an LBA.

 

I rather think their stance will be, your CCA was not used as a vehicle for deferred payment of goods, so your argument is without merit,

 

Full marks for initiative though. ;)

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Personally, I think your in the realms of unjust enrichment here


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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I'm confused, I thought section 75 only applied to "Goods" received form a "Supplier". A loan isn't considered to be specific goods surely as the money could be used to buy anything?? :confused:

 

It was a consolidation loan!!, used for a specific purpose.

 

Maybe it's just me reading it wrong, but the part in post 11 where it states that hire-purchase and car loans are also covered says to me that you can claim FROM the creditor of those agreements too if something goes wrong with the supplier that provided the goods for those agreements.

 

As in; all agreements regulated by the Consumer Credit Act 1974 have to abide by Section 75 of the Consumer Credit Act 1974 where there is a debtor-creditor-supplier relationship.

 

The only related thing I can find by Martin Lewis is:

"Does it apply to other credit? A. While the bulk of claims are made to credit card providers, the law also applies to other types of credit agreement (except where the supplier is also the creditor, eg for some car finance).

Personal bank loans specifically for large items do not get Section 75 protection, even though the loan's a regulated agreement. This is because to be covered the finance must be properly linked to an item (known as a Debtor-Creditor-Supplier agreement) so that the finance company can see a clear relationship between the money and the goods.

Paying by credit card is paying directly for goods, meaning the relationship's clear, whereas bank loans, even if ostensibly for a car, could actually be spent on anything."

 

Just my take on it.

 

 

as above

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What I'm saying is for section 75 to apply there needs to be a debtor-creditor-supplier relationship for goods.

 

You're the debtor, they're the creditor, who is the supplier for what goods and what relationship do they have to the creditor??

 

I can't see how it would work :confused:


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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It won't work with a consolidation loan - that's a fixed purpose loan, for which you have no options to spend the money, thereby 'choosing' to use your credit card to be liable as supplier. (There is no supplier)


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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It won't work with a consolidation loan - that's a fixed purpose loan, for which you have no options to spend the money, thereby 'choosing' to use your credit card to be liable as supplier. (There is no supplier) - YOU CHOOSE WHICH COMPANIES YOU PAY OFF WITH THE LOAN.

 

this is section 75:

 

75. — (1) If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or © has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.

(2) Subject to any agreement between them, the creditor shall be entitled to be indemnified by the supplier for loss suffered by the creditor in satisfying his liability under sub-section (1), including costs reasonably incurred by him in defending proceedings instituted by the debtor.

(3) Sub-section (1) does not apply to a claim:

(a) under a non-commercial agreement, or

(b) so far as the claim relates to a single item to which the supplier has attached a cash price not exceeding £100 or more than £30,000.

(4) This section applies notwithstanding that the debtor, in entering into the transaction, exceeded the credit limit or otherwise contravened any term of the agreement.

(5) In an action brought against the creditor under sub-section (1) he shall be entitled, in accordance with rules of court, to have the supplier made a party in the proceedings.

 

Martin lewis website states that you can reclaim under section 75 on certain issues.

 

Its no worse that the other suggestions about MISDESCRIBING LOAN AGREEMENTS FROM "WELL RESPECTED CAGGERS ON HERE", AND I DO NOT SEE WHAT PEOPLE'S PROBLEMS ARE WITH THIS SUGGESTION of using S75.

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Because it's all bolleaux. And can only lead to tears.

 

There has been no supplier. What has been supplied? Why do you have a problem seeing the obvious?

 

The danger here is, some other eejit might see merit in your fallacy, and will try to take their card issuer to court. With disasterous consequences.

 

Tell you what... nip down to your local CAB, and see if you can find somebody to agree with you. I'll eat a very large hat if you manage that.

 

Otherwise, wind your neck in and stop this fantasy before it gets out of hand.

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Fester,

 

The same eejits on this site have actively touted that many gaggers loan agreements are unenforceable.

 

I dont see you using this sort of tone with Postggi or anyone else "that have told caggers - including me that my loan agreement was unenforceable."

 

I am entitled to my opinion like anyone else on here, dont post if you think its a rubbish thread.

 

In terms of S75, when the supplier is not the credit grantor:

 

1) the cash price supplied by the sc*m is over £100 and less than £30000

2) the credit agreement is regulated.

3) the credit grantor is in the business of granting credit and the credit agreement is made in the course of that business.

4) the credit is advanced under arrangements between the credit grantor and the supplier. - payment made to the supplier for credit

 

supplier of credit - the ****

credit grantor - credit card

debtor - emanevs

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In the case of ANYBODY talking shoite, I'll adopt the same tone as I have with you.

 

Of course you are entitled to your opinion. It's when you start to offer it as advice on other folks' threads that I get miffed.

 

I don't so much mind you wasting time on this, but please don't try to persuade others that you have a clue what you are talking about.

 

As you have quite clearly highlighted in red the word SUPPLIER, please indicate exactly WHAT has been supplied.

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In the case of ANYBODY talking shoite

 

R U SAYING MARTIN LEWIS TALKS SHOITE?

:lol:

 

, I'll adopt the same tone as I have with you. EWWWWWWW:lol:

 

Of course you are entitled to your opinion. It's when you start to offer it as advice on other folks' threads that I get miffed.

 

I don't so much mind you wasting time on this, but please don't try to persuade others that you have a clue what you are talking about.

 

As you have quite clearly highlighted in red the word SUPPLIER, please indicate exactly WHAT has been supplied.

 

AND DID YOU MOVE THIS THREAD OF ASK FOR IT TO BE MOVED?????

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HAHAHAHA. No, I didn't ask for it to be moved. But I DO think its new home is somewhat appropriate. Unfortunately, you credit me with far more powers than I actually possess, and I'm afraid I have upset too many who DO have power, for me to have any influence on what goes on here.

 

I suspect that someone on the site team finds your theory hilarious.

 

OK, I'll bite... point me in the direction of Martin Lewis's Marvellous Nuggets of Wisdom where he says this is a sensible thing to do. I'd love to tell him he's talking shoite. :D

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 3655 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
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