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Free Unenforceable Credit Agreement Service?

I would really appreciate some advice. I have a loan and a couple of credit-cards which I want to check to see if they are enforceable or not. I have no intention of paying a firm my hard-earned cash to do this. The only reason I am contemplating it is that I had spoken to a company earlier this year who offered to do it for free. I didn’t go ahead at the time because there would have been a fee to pursue the case if it went ahead and it wasn’t cheap. Anyway Torston has written back saying that their pricing has changed and that there are now no fees to pay either them or their solicitors. They will do the assessment for free and the solicitors will run the case at no cost to me if I have grounds. Apparently each case is checked by a barrister first. They also don’t deduct anything at the end of the case. It’s similar to a no-win no-fee except I don’t receive a payment at the end, so there isn’t anything to deduct from. They make money by getting legal costs from the lender and they have an insurance policy to cover them if they lose which they pay for. I can continue making payments whilst the case is running if I wish so no problem with the credit rating. The thing is I can’t see a downside to doing this. I have been assured that regardless of what happens once legal proceedings start there will be no fees to pay. Am I missing something?

I should add that I have read the Ministry of Justice/OFT warnings but these only relate to “fee-charging” companies who take money off people. And as somebody that has first-hand experience of how ruthless banks are, I don’t have any moral issues with this.

Anyway I really want to make sure that I have covered all of the angles before I go ahead.
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Comments

  • savagej
    savagej Posts: 1,158 Forumite
    edited 18 August 2009 at 10:01AM
    You write such a good post you shoud perhaps gets job in their marketing dept or press office, then you could afford to pay your bills.
  • upferret
    upferret Posts: 691 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    you can check if they're enforcable yourself like I did. You dont need to pay anyone to do anything, just write a few letters and pay £1. Theres a site called consumer action forums where theres people who will help, and letter templates. There might be a few on here also if you search around. search for CCA request.
    November £10 a day challenge. Im starting early- 66p so far!
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    upferret wrote: »
    you can check if they're enforcable yourself like I did. You dont need to pay anyone to do anything, just write a few letters and pay £1. Theres a site called consumer action forums where theres people who will help, and letter templates. There might be a few on here also if you search around. search for CCA request.

    You mean kinda like this here thread? http://forums.moneysavingexpert.com/showthread.html?t=1868507 :confused:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • dfh
    dfh Posts: 1,073 Forumite
    What a wonderful society we live in.I want to spend,spend spend and then find a LOOPHOLE so I don't have to pay.
  • savagej wrote: »
    You write such a good post you shoud perhaps gets job in their marketing dept or press office, then you could afford to pay your bills.

    Thanks. It's been a few years since I have worked in marketing but I will certainly bear it in mind.:beer:
  • upferret wrote: »
    you can check if they're enforcable yourself like I did. You dont need to pay anyone to do anything, just write a few letters .....QUOTE]

    Thanks for that. I have looked through the letters etc and they look fine. But the question that I have is this. Suppose I identify a problem in the credit agreement and I conclude that it is unenforceable, how do I go forward? Is the bank likely to agree with my findings. If it is a matter of interpretation on what basis is my conclusion a more qualified one than the lenders? Can I refer it to the FOS and will they be able to impose a binding decision on the matter? :confused:
  • savagej
    savagej Posts: 1,158 Forumite
    I believe you point out the law to the judge and they make the decision, not the lender. An agreement is either enforceable for not enforceable, there is no middle ground.
  • bengal-stripe
    bengal-stripe Posts: 3,353 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    dfh wrote: »
    What a wonderful society we live in.I want to spend,spend spend and then find a LOOPHOLE so I don't have to pay.

    Well, it's the same: I want to eat, eat, eat................and then have a gastric band. :D
  • Well, it's the same: I want to eat, eat, eat................and then have a gastric band. :D

    Actually I could do with shedding a few pounds – do you know of anyone that does these bands on a no-lose no-fee basis?;)
  • Have you tried “reclaim – weight gain” they act on a strict no-loss no-fee basis and are regulated by the ministry of tubbiness?:D
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