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credit card

  • 16-11-2008 1:03pm
    #1
    johnmck
    Banned (with Prison Access) Posts: 415 ✭✭


    5 years ago I applied for an mbna credit card online.
    At the time it said that I'd receive a form in the post to sign and return along with bank statements etc.
    As far as I can remember I never received anything to sign and I never had to send any bank statements - I just received the card.

    I seen the Panarama program on the BBC about how people in the UK got out of bad debt because the lender could not provide proof of the agreement.

    Do you think the same applies here?


Comments

  • #2
    IsThatSo?
    Closed Accounts Posts: 988 ✭✭✭IsThatSo?


    Thats dodgy ground, imo. OK, legally they may have gotten out of the debt, but in all fairness, did they think the money dropped out of the sky? I suspect that there was some minor detail not discussed in the programme that swung this for the people involved.

    While I am not sure of the legal standing re your credit card you did take delivery of it, have been using it for 5 years, and paying off part of all of the balance at intervals during that period. This would show that you are aware of what the use of a credit card involves and know what you are doing.

    If they did go looking for the original agreement they may not be able to find it (even if you did send it back). Humans have a nasty habit of making mistakes when they are filing and with the number of cc applications MBNA would have I guess it would be like finding a needle in a haystack if it was misfiled.

    But hey, I am only using logic here, there is no legal backup to my points at all. If you want to max out your card and do a runner to find out then go for it. I wouldn't recommend it though, regardless of the outcome it would be a lot of hassle and take a long time to resolve.


  • #3
    Random
    Closed Accounts Posts: 19,080 ✭✭✭✭Random


    Using the card you accepted the terms. Just accept that you owe money and contact them if you're having problems paying it.


  • #4
    jhegarty
    Registered Users, Registered Users 2 Posts: 6,441 ✭✭✭jhegarty


    Don't you need to phone to active the card ?


  • #5
    Slice
    Closed Accounts Posts: 1,133 ✭✭✭Slice


    Using the card means you agree to the T&Cs even where nothing is signed? That's exceptional for a financial agreement. They can't prove that it was you using the card and it would also mean they hold all cardholders who are victims of credit card fraud as being liable for the cost of the fraud.


  • #6
    the_syco
    Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    I'd wonder what you paid for, and can they (or the company that the credit card company claims it's money back from) send out someone to reclaim it.

    Eg: insurance, table and chairs, TV, etc, etc.


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