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Unenforceable Credit Agreements

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  • PROLIANT
    PROLIANT Posts: 6,396 Forumite
    1,000 Posts Combo Breaker
    petermb wrote: »
    what a great suggestion. Most of this garbage is obviously coming out of the wrong orrifice.
    Its called debate and we went off topic! Ho Hum!
    Since when has the world of computer software design been about what people want? This is a simple question of evolution. The day is quickly coming when every knee will bow down to a silicon fist, and you will all beg your binary gods for mercy.
  • PROLIANT wrote: »
    Of course, that is the problem with this stupid country and the idiots that run it; the law is on the side of the person who does wrong - not the victim.

    If you are threatened or attacked you have the right to use "reasonable force" to defend yourself.

    A hammer is not reasonable force.
  • PROLIANT
    PROLIANT Posts: 6,396 Forumite
    1,000 Posts Combo Breaker
    I'm not saying your stupid. Whatever field you work in you could know your stuff inside out - I don't know.

    What I am saying is you don't understand consumer or it would appear common law.

    It doesn't make you stupid you just shouldn't be surprised when people who work in the industry point out a few facts. I believe you work in IT - I know nothing about IT - I wouldn't attempt to put up posts on a board talking about setting up a network or some such thing. I wouldn't have a clue.
    True, but if nobody puts me right then I will never know the facts, I am neither ignorant nor arrogant so try me.
    Since when has the world of computer software design been about what people want? This is a simple question of evolution. The day is quickly coming when every knee will bow down to a silicon fist, and you will all beg your binary gods for mercy.
  • PROLIANT
    PROLIANT Posts: 6,396 Forumite
    1,000 Posts Combo Breaker
    If you are threatened or attacked you have the right to use "reasonable force" to defend yourself.

    A hammer is not reasonable force.
    Maybe in the eye's of the "corrupt English law", effective counter-measure though. :confused:
    Since when has the world of computer software design been about what people want? This is a simple question of evolution. The day is quickly coming when every knee will bow down to a silicon fist, and you will all beg your binary gods for mercy.
  • PROLIANT wrote: »
    True, but if nobody puts me right then I will never know the facts, I am neither ignorant nor arrogant so try me.

    I've tried to but every time I explain to you how this law works you still insist on calling it a "loophole".

    There is no loophole in the law. The debts are unenforceable because the banks have failed to ensure the agreements conform to the consumer credit act or to keep records of them as required by the same act.
  • PROLIANT wrote: »
    Maybe in the eye's of the "corrupt English law", effective counter-measure though. :confused:

    You can't have a state where people think it's reasonable to go about hitting people with hammers because they feel threatened.

    What kind of message does that send out?

    It's the job of the police to keep the peace.
  • druss
    druss Posts: 70 Forumite
    If you want to try yourself read more at

    http://www.consumeractiongroup.co.uk

    Although when I have read through most lenders are being awkard where a solicitor is not involved.

    You could try and find a solicitor to investigate for you but you will be liable for their legal fees regardless of winning/losing and only a few specialise in this field.

    The claims management companies are another option, be careful of their promises, ask how many successes they have had and where they are publicised.

    If you are unsuccessful how much money will you have lost.

    If you are successful is the legal fee the size of a new mortgage.

    Are you liable for the lenders costs if they go to court and lose.

    Be wary of companies who are trying to get back all of your interest payments and not just write the loan/cc off. As far as I am aware no one has successfully won on that basis.

    There was a case on Panorama where the guy got 100k of cc and loans written off but then lost trying to go for interest payments paid as well, this cost him 100k of legal fees.

    Hope this helps

    D
    I am a Mortgage Adviser .You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • LMAO, I had literally just logged on to the site to research this.

    I heard from one source that if you had taken out the original credit card before a certain date, then it's possible that the agreement is not enforceable (1995 I think), although I don't know this for sure.
    Treat everyday as your last one on earth! and one day you will be right.
  • druss
    druss Posts: 70 Forumite
    FACTS

    Credit agreements of 25k or less
    Taken Prior to 05 April 2007
    Must be unsecured.
    I am a Mortgage Adviser .You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • louiser123
    louiser123 Posts: 1,248 Forumite
    if you borrow money, spend it then decide i dont want to pay it back=wrong

    if you borrow money then life circumstance changes,redundancy,bereavment ect, then get help to try to pay it back=right

    it seems simple to me.

    its dreadful to just decide oh what the hell i never signed nothing,or it wasnt done right i just wont bother paying it!! what goes around comes around you may have to wait a while but payback will be with you believe me!!
    self confessed 80's throwback:D
    sealed pot challenge 2009 #488 (couldnt tell you how much so far as i cant open it to count it!!:mad: )
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