Determination


Key issues: 

Elements of a valid contract for credit card facilities | Debt assignment | Disclosure of credit card terms and conditions | Obligation to repay credit card debt




Summary of the complaint:





We found that the consumer’s claims had not been established. This is because a valid contract for the credit card facility existed between the original financier and the consumer. Furthermore, we consider that the original financier properly assigned the debt to the FSP. As such, we found that the consumer was liable for the debt incurred on the credit card facility and is obligated to pay the outstanding debt to the FSP.  

Summary of Determination:

I find that the consumer’s liability for the debt was established, that it had been legally assigned to the FSP and that notice of assignment had been properly provided. Furthermore, I encourage any consumer considering, or being advised to consider, “get out of debt free” advice online or elsewhere to seek qualified, professional advice.

This Determination affirms the position set out in our Review dated 14 December 2016.




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