question about cr. cards

vialna · 08-25-2006, 06:14 PM

alot of cr. cards of which i had several never sent me an application. I was contacted via phone, no signature paper, by myself or cc. company, exampe
QVC, HSN, and many more....

NOW...since there was no signed form or application, just rec. a credit card in the mail....when a person would ask for validation, they would not have anythinig that they could provide....

however they could say that that fact that it was used, ect. but then you could say that there is no guarantee the person using the card was you....

right or wrong...of course if a person was out of sol that would be a good way to challenge validity of debt......

what are your thoughts ....v

rikers1 · 08-25-2006, 06:24 PM

Quote:

Originally Posted by vialna

alot of cr. cards of which i had several never sent me an application. I was contacted via phone, no signature paper, by myself or cc. company, exampe
QVC, HSN, and many more....

NOW...since there was no signed form or application, just rec. a credit card in the mail....when a person would ask for validation, they would not have anythinig that they could provide....

however they could say that that fact that it was used, ect. but then you could say that there is no guarantee the person using the card was you....

right or wrong...of course if a person was out of sol that would be a good way to challenge validity of debt......

what are your thoughts ....v

If you have ever made a payment on these cards, a copy of your canceled check, or bank transfer could be used as proof that the account was yours.

Pale Rider · 08-25-2006, 06:30 PM

In some states an oral contract is just as valid as a written one. I would suspect they tape those calls for future reference. Along with the use of the card and payments, as mentioned above, would be ample proof of liability.

If the account is SOL, then you have a defense if it goes to court. They may be able to continue collection activity by other means, depending on the circumstances.

centex · 08-25-2006, 09:07 PM

Too much is made on credit debt of asking for a signed contract. As has already been noted in this thread, the history of payment establishes that the account was one you acknowledged. The ONLY place a signed application, whether electronic or actual (depending on when the account was opened), matters is in the case of identity theft. Very few people on the credit boards have actually been victims of identity theft. Rather, they tend to be encouraged to ask for documents that serve only to muddy the waters in the hopes of stalling the process beyond the applicable SOL...

What IS relevant is the terms and conditions in effect at the time of the default. Yet very few people ever bother to look for those in their file or ask for them (since it seems very few people seem to keep important documents like billing statements and the terms and conditions sheets). Those are what really control what a third party might be able to add into the equation.