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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am being pursued credit card debt which I dispute.

Customer Question

I am being pursued for a credit card debt which I dispute. I have asked for details of all the forms relating to the credit card. The copy of the application form that has been provided as evidence appears to have my signature on it but the hand writing that has completed the form is definitely not mine.
What position does this put me in and is the application form valid as evidence?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Do you remember ever signing the form or even using the credit card concerned?
Kind regards
AJ
Customer: replied 1 year ago.

Yes I used definitely had a credit card and remember signing something but I didn't fill out this form that they have presented me with.

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
What information is actually on the form?
Terms and Conditions?
Kind regards
AJ
Customer: replied 1 year ago.

No it doesn't contain terms and conditions, it's all personal details and information about the credit card. It refers to terms and conditions being accepted as part of signing the application form. A copy of the terms & conditions have also been provided separately but they are not signed or dated and I have never seen them or been presented with them until now.

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
One of two things has happened you signed the document and then someone else filled it in or it was filled in by some one else and then you signed it.
Considering either of these scenarios do they actually prejudice you in any way? Did you spend the credit that the credit card company are pursuing you for?
Kind regards
AJ
Customer: replied 1 year ago.

Yes I did spend the credit but am wanting to avoid paying it as I am not in a position to pay the debt and also with the interest and fees it has grown to a significant amount.

I want to know if I can use the point that because I didn't complete the application form it makes it void?

Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
When did you sign the application?
Customer: replied 1 year ago.

Hi Alex

This relates to my dispute with CWD and UAE debt. I am at a jurisdiction hearing tomorrow and want to know if I can use the argument about not having completed the application form and that the terms and conditions are not signed and dated or ever seen and accepted by me.

Thanks

Expert:  Ash replied 1 year ago.
So there were no terms? Does the application say further terms apply?
Customer: replied 1 year ago.

There were no terms that I was made aware of or shown but on the application form it states that by signing you are agreeing to the terms and conditions but I was never shown them.

Also on the photocopy of the terms and conditions the first line states that you should make sure you have read and understood the terms but how could I if I wasn't made aware of them or given them?

Expert:  Ash replied 1 year ago.
You were not given them when you signed?
Customer: replied 1 year ago.

No.

Expert:  Ash replied 1 year ago.
Ok. Then you shouldn't be bound. The terms are only binding if they form part of the agreement and you saw them.
Can I clarify anything for you about this today please?
Alex

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