Credit Card Debt Situation

May 19, 2005 33 Replies

"john boyle" wrote

OK - just found out from the (credit card-)holder that in the example I was talking about, most paperwork was headed "Credit Agreement Regulated by the Consumer Credit Act 1974" and the "quick-form" which required signature was headed "This is a Credit Agreement regulated by the Consumer Credit Act

1974. Please sign and return it in the FREEPOST envelope provided."

Is that unusual, then?

"john boyle" wrote

Do you suggest that I advise the cardholder to "max-out" the card and then not pay, & claim that the contract is void? Tee hee!!

In message , Tim writes

What was the credit limit referred to in the agreement that was signed?

You may say that, but I (of course) would not like to comment......... ! :-)

"john boyle" wrote

He said that the limit was discussed by telephone:- After website application (which had no mention of a specific credit limit), the issuer called him to say that they could offer a limit of X000 (below

25K), without salary evidence - or - Y000 (above 25K), if he faxed them lots of salary evidence. As Y didn't exceed X by much, he decided not to bother with faxing the evidence and accepted the figure of X000 (25K) !!

Apparently, the "quick-form" which was received in the post (to confirm the details provided on website application form), which AFAIAA was the only thing that was signed, had no mention of the credit limit....

In message , Tim writes

Hmm, interesting. I wonder if it was a dual use form i.e. If the credit limit is < £25k then its a Regulatued Agreement if not its not?

"john boyle" wrote

How would you tell if that was so? And how was he meant to know what credit limit was going to be granted, before he signed the form??

In message , Tim writes

It would say so.

I think we are talking at cross purposes here. He doesnt need to know. He only needs to know if the agreement is Regulated or not.

"john boyle" wrote

"john boyle" wrote

Quite probably so!

"john boyle" wrote

OK - but suppose the form which was signed had stated "this is a dual-use form; if the credit limit 25K then it will not be Regulated".

Then how would he know if it was Regulated before he signed, as the form didn't show the credit limit to be given?

In message , Tim writes

The only mechanism I can think of is that the Agreement refers to 'the credit limit that we will advise to you from time to time'.

"john boyle" wrote

Is it then fair to expect the applicant to sign, without knowing whether the account is going to be Regulated or not?

In message , Tim writes

Does it matter?

"john boyle" wrote

Of course - the applicant might want to ensure that the agreement is protected, and regulated by the CCA. Unless, of course, you are saying that there is no advantage to regulation/protection??

In message , Tim writes

Well if it is loess than £25k then it is. If it is more then it isnt.

Very little protection is afforded other than the cooling off period.

"john boyle" wrote

When you say "it", are you talking about credit *limit* or *balance* ?

If *balance* then all well and good, the applicant can keep that below

25K if they wish -- but if it's the *limit* which decides whether the agreement is Regulated, then the applicant can't *choose* a credit card that *is* Regulated - because it's the issuer who gets to choose the credit limit, and hence whether the card will be Regulated or not?

"john boyle" wrote

What about Section 75(?) of CCA - the one making the credit card company *jointly* liable with the retailer?

In message , Tim writes

Limit. Balance is not relevant.

Those cards I have applied for recently have asked me what limit I wanted, but otherwise you are right, if the issuer chooses the limit this determines if the credit agreement is regulated or not.

Ah yes! It was late last night!

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