Unenforceable Credit Agreements

ShelfStacker_3

You have little to no chance of writing off your debts through a technicality. End of story.

NickX

ShelfStacker wrote: »

You have little to no chance of writing off your debts through a technicality. End of story.

Oh it can be done, and is well documented. Not easy perhaps, but there is certainly a chance. It all depends how good one's negotiation and litigation ablities are.

riggerz

NickX wrote: »

Oh it can be done, and is well documented. Not easy perhaps, but there is certainly a chance. It all depends how good one's negotiation and litigation ablities are.

Please elaborate!!! Anything is better than nothing!!!

NickX

riggerz wrote: »

Please elaborate!!! Anything is better than nothing!!!

You need to get the creditor to agree to write off the debt because it is legally unenforceable.

To prove the debt legally unenforceable you need to request a copy of the CCA (Consumer Credit Agreement).

If no CCA can be supplied then the debt is legally unenforceable.

If the CCA is supplied, there is still a possibility that the debt is legally unenforceable because the CCA need to meet certain standards under the Consumer Credit Act. These include a signature, the APR and various other items. An experienced solicitor should be able to look at a CCA and say whether it is legally unenforceable or not.

One other scenario is if the debt is over 6 years old with no contact and no acknowledgement of the debt. It then becomes known as "statute barred" and is legally unenforceable.

hboogie

er no mr cynical, i'm not spamming, but this was the first site that came to mind when i got the email...as i said in my original post, i think it's too good to be true, i just wanted some confirmation.

Mozette

Well whoever sent you the email is illiterate, so I wouldn't give them any credence.

d.wray1

Has anbody any experience of Monster Claims Ltd of Manchester. Would be interested in using their services to challenge a MBNA card agreement in court. ?
Thanks in Advance

NickX

I wouldn't advise using a company such as this.

You can challenge your CCA with MBNA without paying vast sums to a Third Party.

NickX

d.wray1 wrote: »

They charge only 120 and use the no win approach so more cost effective than paying £35 to MoneyClaim and getting nowhere. Looks maybe too good to be true but from my view worth a go.

Are you saying that they do not charge if they do not win ? Or do you have to pay the £120 whatever the outcome ?

YorkshireBoy

The £120 fee covers the £1 agreement request (and the stamp for the letter :rolleyes:).

There's a (potential) share up of 25% of any 'winnings'. Sadly, for the customer, it's shared between the company and it's legal panel. :rotfl:

Nice twist on the conventional T&C's for this type of company.

I won't post the T&C's though, or any other link, for obvious reasons.