Bank/Credit card charges

[CBR600F]

Hi I am in the process of gathering together the charges that I have received on various Credit cards.

 

How far back can I goback 6 years or more????

[dx100uk]

you can go back further but you'll prob have to file court papers

 

see shelleys thread in the barclaycard success forum.

 

dx

[CBR600F]

thxs DX

Another question that has probably been answer somewhere else...

 

If you have a defaulted CC with say MBNA that has been sold on - who doyou go after for the charges?

[maroondevo52]

thxs DX

Another question that has probably been answer somewhere else...

 

If you have a defaulted CC with say MBNA that has been sold on - who doyou go after for the charges?

 

MBNA they applied the charges.

[dx100uk]

ALWAYS THE OC

 

dx

[CBR600F]

LOL

 

Shame I can't go back as far as 1986 - ended up takingout an £800 loan out to clear my overdraft which when I added all the charges added up to over £800.....................

[Dark]

"Always the OC" - you mean the original creditor?

 

I am wondering about this though. I have had a letter saying that my alleged debt has been transferred to a new creditor. I will be challenging the alleged debt partly on the basis that the original Agreemeant was not properly executed. No mention is made of transferring duties to the new would-be creditor.

 

Look at how the Consumer Credit Act defines a creditor:

Definitions.189.—(1) In this Act, unless the context otherwise requires—

....

“creditor ” means the person providing credit under a consumer credit agreement or the person to whom his rights

and duties

under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

...

I would regard any liabilty to refund excess charges as a 'duty'. I am not a lawyer though.

 

As I understand it, the new creditor would ask a court to to force a creditor to pay up by enforcing the Credit (Card) Agreement, i.e. act as a creditor under the Consumer Credit Act. If they dont assume or perform the duties as required above, could it be argued that they do not meet the criteria of a creditor under the act?

 

If the transfer of the debt from a credit card company to another company does not explicitly say that duties are also transferred, is it assumed that the new creditor is obliged to perform all the duties?

[dx100uk]

dark

 

the OP has come here for help not confusion.

 

dx