Warning about CCA Claims

RandolphR

I'd just like to put a word of warning the way of members regarding the issue of making CCA claims against your credit card provider.
I had never heard about this possibility of challenging enforceability until a brochure dropped through my door claiming that 89% of case were successful.
I paid my 300 pound fee and was allocated a solicitor and to cut the story short it dragged on for 5 months - with the solicitor making several attempts for my credit card provider to come up with details of my agreement. They did not repsond to any of the several requests from the sloicitors or myself.After all deadline had passed my solicitor waited then gave them another period to come up with it again no reply.
Eventually a court order was issued against the credit card co who immediately then contacted my solicitor that they would provide the document within the next 2 days. The solicitor agreed and the agreement turned up and I was told that it DID comply with CCA 1974 and was therefore enforceable

RandolphR

RESENDING -THIS IS THE COMPLETE THREAD
I'd just like to put a word of warning the way of members regarding the issue of making CCA claims against your credit card provider.
I had never heard about this possibility of challenging enforceability until a brochure dropped through my door claiming that 89% of cases were successful.
I paid my 300 pound fee and was allocated a solicitor and to cut the story short it dragged on for 5 months - with the solicitor making several attempts for my credit card provider to come up with details of my agreement. They did not respond to any of the several requests from the solicitors or myself. After all deadlines had passed my solicitor waited then gave them another period to come up with it again no reply.
Eventually a court order was issued against the credit card provider who immediately then contacted my solicitor promising that they would provide the document within the next 2 days. The solicitor agreed and the agreement turned up and I was told that it DID comply with CCA 1974 and was therefore enforceable.

I was then advised by the solicitors to urgently sign a long winded document which would absolve the CC provider of any claims past or in the future. I asked the solicitors why they were demanding urgency from me on this matter when they had not requested the same from the CC provider – I received no reply to this question but was advised that if I wanted to investigate the legality of interest rates I would have to pay another 500-1000 pounds which would not be covered by any insurance policy. I also noted that the firm had racked up 3500 pounds in fees.

My view after this experience is that the CCA claims is largely seen by law firms as an opportunity to exploit insurance polices- and in my case I think the longer it dragged out the better for the solictors regardless of whatever deadlines had been set in relation to CC providers producing the documents. My advice would be for people to contact the CC provider directly and ask them to give you a copy of the agreement in consideration of the CC 1974- this would then cut out the middleman - solictors

Any comments or other similar experiences?

never-in-doubt

You were ripped off by a company, do it yourself for free.

Unenforceability & Template Letters II

william_joseph_2

Interesting to note that you don't see many reports of success. The previous bullish reports about the certainty of making Credit card enforceabilty claims.
Like they say "If it sounds too good to be true it probably is"

jonesMUFCforever

Bet OP feels very foolish now - that £300 would have been better spent reducing his debts instead of trying to get off on a technicality.

never-in-doubt

jonesMUFCforever wrote: »

Bet OP feels very foolish now - that £300 would have been better spent reducing his debts instead of trying to get off on a technicality.

Funny post except for the facetious ending! Its not a technicality, its the law!

jonesMUFCforever

.............And the law won!

Mind you nothing to stop the OP suing the solicitors now for misrepresentation! LOL

fermi

jonesMUFCforever wrote: »

.............And the law

The law always will.

Unfortunately it seems that this is a case of someone being taken in by the unsubstantiated claims of these companies.

They are very quick to claim that xx% of agreements are unenforceable, or that they have a guaranteed success rate.

Utter Bollocks.

While it is clear that under some circumstances an agreement may not be unenforceable via the courts, to presume so without seeing said agreement is disgraceful.

When it comes down to it, you can use your legal right and request a copy of the agreement for £1, and then seek free advise from many places

RandolphR

I have no idea what the jonesmufc comments are about and what relevance they have to these boards which I thought were about intelligent exchange of information.

never-in-doubt

RandolphR wrote: »

I have no idea what the jonesmufc comments are about and what relevance they have to these boards which I thought were about intelligent exchange of information.

Ahhh, come on - did you miss it? Man U fan and intelligence just don't go together! :rotfl::rotfl::rotfl:

jonesMUFCforever

RandolphR wrote: »

I have no idea what the jonesmufc comments are about and what relevance they have to these boards which I thought were about intelligent exchange of information.

Well just see now - who has thrown £300 down the pan - is it me -NO
Who has the debt still outstanding - is it me - NO

You have been had and if it was me I would feel bad too.