unenforceable-credit-card-agreement

Paul_DDD

Hello Everybody

Like you all, I have seen lots of adverts and claims regarding writing of your outstanding Credit Card balance; I know the credit card agreement needs to be taken out before April 2007 and the first action is to write to the Credit card company requesting the original credit card agreement with the hope of finding discrepancies.

I have outstanding balances on MBNA and Barlaycard. My questions are...

1. Is there any evidence of anybody having success getting their outstanding balance written off? And if so, please advise me how.

2. By applying for the CCA request (s77-79), and assuming the CCC replies to your request (or doesn't even bother to reply to your request) and I continue to make payments (albeit the minimum payment) as per the terms and agreement, will the CCC try to black list me?

THANK YOU

property.advert

I'll try to do some homework myself but I've got maybe 75k or more of cc debt and all of it before 2007. Anyone want to magic that away for a percentage ?

never-in-doubt

Here - its easy just follow this process: Unenforceability & Template Letters

LBG_worker

Paul_DDD wrote: »

Hello Everybody

Like you all, I have seen lots of adverts and claims regarding writing of your outstanding Credit Card balance; I know the credit card agreement needs to be taken out before April 2007 and the first action is to write to the Credit card company requesting the original credit card agreement with the hope of finding discrepancies.

I have outstanding balances on MBNA and Barlaycard. My questions are...

1. Is there any evidence of anybody having success getting their outstanding balance written off? And if so, please advise me how.

2. By applying for the CCA request (s77-79), and assuming the CCC replies to your request (or doesn't even bother to reply to your request) and I continue to make payments (albeit the minimum payment) as per the terms and agreement, will the CCC try to black list me?

THANK YOU

I have heard of situations where the balance has been written off. Although this was not with MBNA or Barclaycard. The reason why it was written off was because the bank involved could not find evidence of the counter signed credit agreement in question.

As long as you continue to make the minimum payments required the bank will not "blacklist" you. In the event of sucess they will simply write off the debt and report it to credit reference agencies as settled. This will only happen if the bank is found to be at fault for not "securing" its lending with a credit agreement.

never-in-doubt

LBG_worker wrote: »

I have heard of situations where the balance has been written off. Although this was not with MBNA or Barclaycard. The reason why it was written off was because the bank involved could not find evidence of the counter signed credit agreement in question.

As long as you continue to make the minimum payments required the bank will not "blacklist" you. In the event of sucess they will simply write off the debt and report it to credit reference agencies as settled. This will only happen if the bank is found to be at fault for not "securing" its lending with a credit agreement.

Barclays and MBNA are two of the worst banks for unenforceability claims, MBNA are that much up the creek they requested a stay on claims :rotfl: but they have both paid out (or lost) their fair share due to issuing unlawful agreements.

Nothing is ever written off, it is always pursuable but not until an enforceable agreement is in place and upto 6yrs in which case it would become Statute barred.

In the event of success, they do nothing. You are then left to fight the lender to remove the default entry as it remains, i.e. the balance/debt remains as the lender could at a later date find the original agreement and make the debt enforceable again.

If you are currently uptodate with payments do not stop, regardless of whether the lender has broken their obligation under s.77-s.78, bottom line is they will report late payments and defaults to the CRA's - granted a s.10 should stop them but even this doesn;t work, therefore unless you have nothing to lose (already have defaults) do not stop paying as it will have a major affect on your ability to obtain credit.

I posted a link above which explains the way unenforceability operates and the acts used to govern it.

This is a specialised field - please be careful how far you go with advice as it can be extremely costly to the debtor given incorrect info.....

Andyh2712

Hello everybody,

i would like to ask if anyone can help me out ?, i have a trade cc and have had it for about 3yrs , i have recently recieved my credit agreement forms witch i requested no i would like to no could i proceed with an unenforcable claim and how ? The main parties this cc is supplied to is self employed people only and as i have never been self employed and have been employed for the last 10 yrs do i have a case for the cc being miss sold ? greatfull for any suggestions thanx andy

never-in-doubt

Andyh2712 wrote: »

Hello everybody,

i would like to ask if anyone can help me out ?, i have a trade cc and have had it for about 3yrs , i have recently recieved my credit agreement forms witch i requested no i would like to no could i proceed with an unenforcable claim and how ? The main parties this cc is supplied to is self employed people only and as i have never been self employed and have been employed for the last 10 yrs do i have a case for the cc being miss sold ? greatfull for any suggestions thanx andy

who is the lender? Card Name/Type...?