Unenforceable Car Finance Agreements

Could your car finance be written off?

It is the finance company’s responsibility to you, the consumer, to ensure that all aspects, all terms and each section of the agreement fulfilled the required terms and conditions of the 1974 Consumer Credit Act. If they failed in this duty to you then your car finance agreement may be unenforceable. When a motor finance claim is successful you will receive a cheque for the full amount of compensation awarded. Compensation is due to potential contract irregularities within any past or present motor finance agreements.

When you signed your car finance agreement it was the lender, not you, who produced the contract that was to be used. In most circumstances you would have had no choice over the terms within the agreement.

If you have a car with an outstanding finance agreement you may be able to claim to have the remaining balance written off. If a car finance agreement is unenforceable the lender may be forced to write off the debt with the possibility of you keeping the car. When you arrange car finance the agreement, contract and/or terms and conditions relating to the finance need to comply with all the relevant rules, laws and regulations. Even if you have ‘paid off’ your car finance in full, you may still be able to claim compensation.

Credit Cards Write them off!

Unenforceable Credit Card Agreements? Truth or Scam?

Whether it’s to spread the cost of an expensive purchase over several months, treat ourselves or to gain points towards a reward item, UK consumers are using credit cards more than ever – and owing close to £180 billion as a result. The balance has historically been heavily weighted in favour of the lenders who have been allowed to increase interest rates at will, charge any amount of fees they choose and increase credit limits without having us sign new agreements. A recent report by the Citizens Advice Bureau ‘Daylight Robbery’ looks at the extent of the problem of ‘extortionate credit’ and has as one of its conclusions:-

“This report argues that the existing legislation on extortionate credit is neither effective nor accessible to consumers. The current ‘test’ that determines whether a credit agreement is extortionate is heavily weighted in favour of lenders. Moreover, the test can only be invoked if a borrower is prepared to risk heavy legal costs in taking the initiative and making an application to the court.” This is no longer the case! You don’t have to risk heavy legal costs in taking the initiative. Its no-win-no-fee! And you certainly won’t have to go to court. Most lenders do not go to court and even if they do your solicitor will attend for you. If your credit card was taken out before 7Th April 2007 it is regulated by the Consumer Credit Act of 1974. This law requires ‘proper execution’ of the finance agreement you signed. It is not properly executed if it does not contain all the prescribed terms and conform to the regulations made under section 60 (1) of the act. It is in breach of the act. There is a long list of prescribed terms and regulations which credit finance agreement must adhere to – see below. Crucially you must have signed a document containing ALL the prescribed terms as described in the 1974 Act. If not your finance agreement is not enforceable without an order of the court and section 127 (3) requires the court to dismiss the application for the enforcement order. It may be considered ‘irredeemably unenforceable’. The Act was so complex and difficult that many lenders were caught out by its detail or simply chose to ignore the requirements of the law.

The Process

1.You need the account number of the cards you are claiming for. If doesn’t matter if you don’t have the agreement as your claims manager will request this from your lender.

2. Sign a request called a Section 77/78 which gives authority for your claims manager to request the information your lender holds on the account together with your original credit finance agreement.

3. Write a cheque for £10 payable to your lender so that your claims manager can request your credit finance agreement and account file.

4. NOW YOU WAIT! Your lender, under the Data Protection Act has 16 days to comply then is given a seven day warning – then another 28 day warning. In total 51 days! So be patient. At this point some lenders employ ‘dirty tricks’ in an attempt to delay matters. It is important to keep a record of the time scales involved and it may be quicker if YOU also request a copy of the agreement you signed. Keep checking with your claims manager to see if the information they need from your lender has been supplied.

5. When the lender sends back your account details claims manager will then be in a position to ‘audit’ the agreement. Some claims managers use ‘in house’ solicitors belonging to the company; some use a ‘panel’ solicitor who works for several claims companies and some use ‘auditors’ trained in assessing finance agreements. The audit of a credit finance agreement is straightforward. It is checked against a list of prescribed terms and regulations and scores as a ‘breach’ or ‘compliance’. You must have signed an agreement showing for example;-the annual simple and compound interest rates for purchases, balance transfers and cash advances together with the APR. It is not acceptable for these to have been supplied in a separate document. Your audit should show exactly why your agreement is non compliant.

6. If your agreement is unenforceable it will be allocated to a solicitor who will be responsible for your case. If you wish to keep a clean credit history it is best to continue making payments as although the agreement is unenforceable and therefore you cannot be required to make anymore payments, lenders put default marks on your file anyway. Some claims management companies claim to have any adverse credit marks removed and some do not. This is a grey area at the moment and it is important to discuss it with your solicitor first. If you want to keep your credit file clean keep on making your monthly repayments. Although you will possibly not get these back.

7. You sign a ‘conditional fee agreement’ with the solicitor who lodges a breach of the 1974 consumer credit act with your lender and prepares the case for court. You will not pay any costs than the intial fees.

8. It is unlikely that the lender will go to court. You may be made offers of ‘substantial reductions’ such as 60% off your balance. You must inform your solicitor of any correspondence with the lender and take advice. If you do accept an offer without consulting your solicitor and taking his or her advice you will become eligible to pay your solicitors fees. This is because the solicitors’ costs are funded by claiming against your credit card lender. If you receive an offer of a reduction in the balance rest assured it is a matter of time until the lender writes of your debt!

Unenforceable Credit Agreements: Making You Debt Free

With the incidence of bankruptcy and personal debts on the rise, many a consumer or even small business owners are left feeling overwhelmed by their out of control credit debts. If you are in a such as situation, and are praying for a miracle that will make your credit debts disappear, well then, there is one just waiting to happen. Indeed, it is not divine intervention that is going to help you clear your debts for you. Instead it is the credit company itself! Perhaps you have heard about companies that promise to help you do just that, stating that most credit agreements are unenforceable. So how do you go about proving this?

For starters, it is the devious nature of most credit agreements that come to the rescue of unassuming customers, just like you and I. If you carefully peruse your credit contracts you will notice the mention of what is termed the Consumer Credit Act, which first came into effect in 1974 and was thereafter updated in 2006. This law provides regulations that define and lending policies including credit cards as well as personal and even unsecured loan, in an effort to make lending a mutually reasonable arrangement. This Act sets forward certain testing criteria to assess the credit agreement with regard to interest rates and redemption penalty clauses. Making the credit agreement open for scrutiny has brought to light that most such contracts do not follow the regulations set forth by the Act thus deeming them potentially unenforceable.

So is your credit agreement really unenforceable? While this sounds bizarre, it is essentially true. In fact, most credit agreements signed in the United Kingdom before April 2007 may not really conform to the Act and are therefore unenforceable. In fact, there are changes in the nature of the law which are responsible for making those agreements that have not been modified to take into account the newer policies unenforceable, and this is not merely a loophole.

It thus brings us back to the original question. Are there credit agreements that can be proved to be unenforceable? Yes! That is indeed accurate, factual and very feasible and could apply whether you have debt via unsecured loans or credit cards, or even PPI insurance which can be reclaimed as most were mis-sold to customers who often didn’t need them or we never eligible to claim in the first place!

There are companies who undertake this procedure on your behalf, and may ascertain if your agreement falls under the unenforceable category by submitting your agreement details via the Internet. This may then proceed to an investigation phase where reports are submitted based on an audit with your credit company. An initial fee for each credit agreement may be charged, depending on the levels of service required. If your credit agreement is proved to be unenforceable, a lengthy legal procedure is initiated, which may be over a period of months and then your debt can be disregarded completely. In the end, by establishing that your credit agreement is in fact unenforceable you can claim a debt write off and be free of your credit debt forever!

Are Your Credit Agreements Unenforceable?

A credit agreement is described as a legal contract where a person or entity is loaned money for a period of time. But if these contracts were not properly drawn up they are not legally binding. If you have signed such a contract and feel you were not given a clear understanding of what you were getting into, for example what your interest rates were to actually be listed as, you may be able to claim that your agreement is an unenforceable loan agreement. You may possibly be eligible to have that agreement dissolved.

Have you found yourself under the strain of paying excessive fees from credit cards, mortgage companies or car loans? The credit act of 1974 may offer you some relief. You may be under an unenforceable credit agreement. Millions of these agreements have been produced but are not binding. But you will only find out if you hire a solicitor through a claims management company to look into this financial activity.

There are solicitors who will take your case on a no win no fee basis. A number of these debts can be reduced or wiped out with no further payments. It will not be necessary to return any merchandise purchased. If you are concerned this action may affect your credit adversely as long as your debts are being paid you have no problem and if your credit is bad you may find your credit rating will actually improve due to the technicality that the debt once settled never existed.

Solicitors who handle these unenforceable loan cases are experienced in getting you a fair settlement from the companies who have taxed you with debt so unfairly. Given the proper information from you will be help in getting you a fair and equitable settlement from unenforceable credit agreements. If you entered into a credit agreement before April 2007 take a serious overview of your credit agreements. You may be able to have them written off!

Unenforceable Credit Agreements? How do you Know If you Have Them?

Some very important straightforward information about unenforceable credit agreements. If you have any unenforceable credit agreements you could reclaim thousand of pounds!

1. There is a good chance that some of your loans or credit cards are unenforceable credit agreements and so cannot be enforced by your lender. Even your mortgage agreement could be unenforceable
2. More and more people every day are finding they have debts they don’t don’t have to pay back, as more and more unenforceable credit agreement claims prove to be successful
3. There is a right way and a wrong way to approach your lenders in order to establish if you have unenforceable credit agreements
4. Many new claims management companies have started up in business offering to approach the lenders on behalf of people just like you. They do two things: establish if you have unenforceable credit agreements; take care of all the complex paperwork if you do have a case to make a claim
5. However, some of these claims management companies deliver a better level of service than others – the industry is so new that the most reputable companies have not been identified yet – issues such as speed of service, responsiveness, cost and most importantly, success rate will determine the best companies to appoint as your agent
6. You have the power to choose which company you use, but it can be very confusing as there are so many of them.
7. Unenforceable agreement Comparison sites offer you FREE, unbiased information to guide you – suggestions as to what to look for and which questions you should ask your credit claims management company.

What Can YOU Claim For As Potential Unenforceable Agreements?

The type of lending that could be unenforceable credit agreements and are open to what might be called “Financial Claims Compensation” is shown below.
Credit Cards
Car Finance Loans
Secured and unsecured loans
Store Cards
Payment Protection Insurance (PPI)
Mortgages

It should be pointed out that this is NOT the same as any of the following: debt management, an IVA or bankruptcy. Your credit finance agreements are audited to see if they comply with the 1974 Consumer Credit Act. There are a number of reasons why they might not comply and therefore qualify as unenforceable credit agreements. It is a little bit like the idea of mis-sold endowments, which hit the headlines a few years ago, but there is more to it than just mis-selling. Your credit cards and loans could be completely written off!

Financial Agreement Claims – Help for Families During the Credit Crunch.

Are you feeling the pinch during the credit crunch? Help may be at hand in the form of a new finance claim. This new and fast growing financial claims allows customers to audit any finance agreement taken out since April 2007 to assess whether it has issues which could make it unenforceable. All agreement must follow the rules laid down in the 1974 Consumer Credit Act. Many agreements fail to do this. This means you may be able to wipe out your credit card and loan balances. It doesn’t matter if you are in arrears or following a debt management plan or IVA. You can still claim.

The types of agreements which are potentially unenforceable are;-

* credit card agreements
* store card agreements
* car finance agreements
* hire purchase agreements
* unsecured loans
* consolidation loans

You need to find a reputable financial claims management company to act on your behalf. How do you find one from the ever increasing number? And what do you look for?

Up front fees

This is a sore point for some people who wonder why ‘upfront fees’ are charged at all. The vast majority of financial claims managers charge fees in order to carry out a full and detailed audit. These range from around £195 to £495. Basically this is to look at your agreement in detail and assess it for breaches. There is a great deal of work involved. The process takes up to a year at the moment. The rational behind this is that the companies need some form of liquidity as every business does. The fees are refunded if your agreement is found not to be unenforceable. Some companies take a small administration fee.

Call 0845 475 5435 for a FREE audit with NO back end fees at all!

Auditing – Don’t be mislead

Your agreement must be obtained from your lender before you have a definitive answer as to whether you have an unenforceable contract or not and this will cost you £10 usually. Some companies offer this free and some request £1.00 which is the minimum fee stipulated under the data protection act. It is only after a full audit that you will know if you have a claim or not. Some companies mislead clients by saying they offer a free audit when in reality they ask the same preliminary telephone questions that all companies ask to establish if it is worth considering a full audit or not. For example was the agreement taken out prior to April 2007? What is the balance? Different companies claim for different balance amounts. Who is the lender? Some have more of a reputation for writing unenforceable agreements than others. This is not a full audit. As far as I know there is no company out there yet which offers a solicitors audit – free.

Successful Claims

The majority of companies have been in business for over a year now. Some will be ‘introducers’ for other main companies. They should be able to tell you how many successful claims they have achieved and the length of time it took to achieve the results.

Back end fees

Some companies charge fees at the completion stage of your claim. Be sure to ask if this is the case for you. Some charge 30% while some charge a fix amount of £1000. Most companies don’t charge any fees.

Other fee structures

I have come across some peculiar fee structure whereby some companies offer to handle your claim for you paying them six months credit card repayments. Others offer to take over your debt for you and leave you debt free in six weeks. I would not take these seriously. There are plenty of straightforward ways to clear your cards for a reasonable fee, no misleading promises of a free audit and certainly no back end fees.

Time scales

The process is a long one relying on the co-operation of your lender which of course is not likely to be forthcoming. The legal to and fro-ing will take up to a year. There is no way to avoid this so claims of speedy conclusions, at the moment, are false. The lenders use all sorts of tactics to delay matter for example refusing to send the copy of the agreement to your claims manager but only dealing with you and completely ignoring the requests made by your solicitor.

Credit Card Crisis! How many cards do YOU have? Write Them Off!

How many credit cards are too many? Remember when you got your first credit card? There was probably a feeling of excitement or appreciation for the fact that this little piece of plastic somehow meant that you were maturing into the responsible adult you always thought you’d be.

Then came the next one and the next one after that. Eventually, after you got a decent job and starting accumulating bills and other loans, you began to get more than a few credit cards in the mail every month. Many of those said you were preapproved and all you had to do was call a phone number and you’d have yet another credit card in no time. That’s where the problem started. Most people have at least three or four credit cards. In some cases, people have accumulated more than nine or ten credit cards. It comes to the point where you have to ask yourself ‘how many credit cards do I really need?’ To speak the truth, all those easily attained credit cards were just a trap trying to get you to spend money on them so that yet another company would be able to hold you accountable for an unpaid debt.

And if you’re one of those people who just kept spending money on all the credit cards you had, you’re probably feeling the tight squeeze of owing so much money to so many different credit card companies. This is where it stops. Realistically, a person doesn’t need that many credit cards. One good method of maintaining a good financial record is to limit the number of credit cards you have. You should have one main card that you use. This card should be the one with the lowest interest rate, and the one that gives you the most benefits in terms of reward plans and credit limit. Every 12 months or so, you can request an increase in your credit limit. If you are a good customer then they will likely grant that request.

It is a good idea to have another credit card with a reasonable interest rate and relatively high credit limit as well. But this should be a card that is rarely used (a good tip is to only have one or two minimal charges on this card simply to keep it active and open) and is mainly kept as a means of a “back-up” plan should you need a larger amount of money for an emergency or an unexpected and necessary purchase. It’s up to you whether or not you would have a third one, but if you do, stick with the same plan you have for the second card and do not use it often. There is absolutely no need to keep acquiring credit cards and piling up a large list of debts owed.

Consolidate on one card and keep another as a “just in case” credit card. Any additional credit cards will only give you headaches and leave you with empty pockets.

If you have credit agreements taken out before April 2007 there is a new unenforceable credit agreement claim which is becoming more and more known about here in the UK. It is possible to have your credit finance agreements –agreements such as credit cards, store cards, secured and unsecured loans, car finance agreements, and those with payment protection insurance ( PPI) ‘audited’. They may not comply with the terms of the 1974 Consumer Credit Act and if they do not they are unenforceable credit agreements. This means you can claim to have them written off. That is the balance completely cleared. For NO FEES at ALL a solicitor with handle your claim. This is on a no-win-no-fee basis so it is risk free. Many people like me, have found this to be the perfect solution to their debt problems.

Call 0845 475 5435 NOW to make a claim.

How You Can Write Off Your Credit Card and Loan Debts

Are you being crushed by the credit crunch? Having difficulty with your finances. I know how it feels! I have been there. Sleepless nights and that churning feeling inside. But don’t panic. Financial help is now at hand in the form of a NEW financial claim which is set to explode in the UK! You can write off your credit card and loan debt.

It is not a scam as some people may think. The banks been expecting this for many years which is why some lenders have set aside a large amount of funds to pay for all of this. Don’t worry about the banks though. As we have all seen in the media lately the banks are not short of funds because they make 9 Billion pounds a year in interest from credit card holder. But they cannot it appears, adhere to the law in the manner in which they draw up the finance agreements we sign. The law which was designed to protect us the consumer.

So how is it possible to write off the balances on your credit cards and loans you may be asking?

It is now thought that many credit finance agreements such as those for credit cards, store cards and cars are legally flawed and so invalid and unenforceable! Some lenders have been taken to court and been forced to write off the debts and in some cases been made to pay compensation. These debts can be legally written off by carefully examining or auditing the credit agreements to establish if it complies with the Consumer Credit Act of 1974 . If it doesn’t then you will be able to make a claim through your solicitor to write off the debt. It is not a debt management programme, IVA or bankruptcy. These programmes can be costly and the consequences can stay with your for years to come.

So what is the process?

It is simple and easy and will cost you NOTHING! It is totally free. Firstly, with your signed permission your solicitor will request your credit agreement from your lender. Secondly, the agreement will be carefully audited for breeches in the terms and conditions of the consumer credit act. Thirdly, if breeches are found which is usualy the case, the solicitor writes to your lenders and states your claim to write off the credit card debt on your behalf. All this is carried out on a no win no fee basis and you don’t have to pay ANY back end fees and you keep all your compensation if awarded. . If you have taken out any finance agreements prior to April 2007

How You Can Clear your Debts Easily and Legally.

Do you need to do something about your credit card and loan debt ? Are your monthly payments out of control? Can’t see a way out of the spiral of debt? If you are worried – why not have your credit card and other finance agreements audited to see if they are in fact invalid and therefore unfair and unenforceable agreements. Don’t even think about bankruptcy until you have considered this option.

What does this mean? Is this a scam you are probably thinking. Over the last five years there has been an increasing number of court cases where ordinary people have taken their lenders to court and had their credit card and loan balances written off due to them being deemed unenforceable agreements and in some cases been awarded compensation too. The most famous being Mr and Mrs Rankine who appeared on the BBC Panorama Programme recently.

It isn’t debt management, an IVA or bankruptcy. It is a new and rapidly expanding industry which examines your credit agreements taken out before April 1974 to see if they comply with the terms and conditions of the 1974 Consumer Credit Act. The act was put in place to protect the consumer but the banks and lenders ignored this. This Act states what MUST be contained in your agreement and if it does not- it is unfair and unenforceable. And you can therefore claim to wipe out the balance of your credit cards and loans.

It is a straightforward, easy process. You legal representative will, with your written permission, ask your lenders for copies of the credit agreement you may have signed. This will then be audited and if any non-compliance or breeches are found it will be an unenforceable contract. And you can then claim to have it written off. Your solicitor will handle the whole thing for you on a no win no fee basis., for an audit fee of £295. There is no risk as this is refundable if your credit agreements are found to have no grounds for a claim. And you keep the entire claim amount with no back end fees.

Did you know that many finance agreements taken out before April 2007 are unenforceable! Its true. Most of them DO NOT comply with the terms and conditions of the 1974 Consumer Credit Act. And this makes them invalid and unenforceable. Now you can find out if your credit agreements are unenforceable by having them audited by a solicitor. This could give you freedom from debt and peace of mind.

Clear Your Credit Card and Loan Debts- Legally!

Are you worried about being able to pay your monthly credit card, store card and loan bills? Losing sleep worrying about how you will ever be able to clear your credit card balances?

Imagine if you could clear your credit card debts. Imagine being debt free? Imagine never having to make another credit card or loan repayment? Well you don’t have to imaging any more! Financial help is now at hand in the form of a NEW financial claim which is set to sweep across the UK! You can legally clear your credit card and loan debt.

It is not a scam as some people may think. The banks have seen it coming for many years which is why some lenders have set aside a large amount of funds to pay for all of this. Don’t worry about the banks though. As we have all seen in the media lately the banks are not short of funds. They can afford to pay their Directors well for the services they have provided. But they cannot it appears adhere to the law in the manner in which they draw up the finance agreements we sign. The law which was designed to protect us the consumer.

Did you know that many of finance agreements taken out before April 2007 are unenforceable! Its true. Most of them DO NOT comply with the terms and conditions of the 1974 Consumer Credit Act. And this makes them invalid and unenforceable and you can apply to the court to clear them. Now you can find out if your credit agreements are unenforceable by having them audited by a solicitor. If any breaches are found your solicitor will deal with your claim on a no win no fee basis and you will be able to clear your credit card and loan balances.

It is not debt management, IVA or Bankruptcy but a perfectly legal process whereby you are able to challenge the validity of the agreement you made with your lenders. It is a straightforward process carried out on a no win no fee basis. How is this possible you may be asking? There have been many successes to date. The most famous being that of Mr and Mrs Rankine who appeared on the BBC Panorama programme recently. Your solicitor asks your lender for a copy of your credit agreement. Then it is audited to see it complies with the 1974 Consumer Credit Act. If breaches are found your credit agreement may be unenforceable and you can apply to clear the balance. Your solicitor writes to your lender on your behalf saving you time and stress of having to do this yourself. The process takes about nine months to one year depending on how quickly your lenders reply to the requests for your account document made by your solicitor. There are thousands of people who are having problems with debt and a company who can help you to write off your debts is surely a great thing.

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