Help Please With any Recent Changes in CCA credit card enforcement

jimbojim59

HI
I Need a little advice Please ( actually a lot of advice but for now)

I have had help from a charity organisation recently, helping me with determining whether credit card agreements are enforceable and with regard to one with Barclaycard the solicitors of the dca Turnbull Rutherford have provided a copy of the regulated agreement which appaapparentlyearly signed by Me" ( I say appaapparentlyof yet I have not seen it as it was sent to the charity organisation with my permission) what I am confused about is the following sentsentencest by the charitable organisation which areas follows;

" THERE ARE Discrepencies on the credit agreement but following a recent High Court decision it would appear that challenges under prescribed terms are now found to be non-challenge able. As the creditor can comply with compiling the terms and condition of the agreement and they have a signed agreement THEN THE DEBT IS RECOVERABLE"




I am confused has there been a recent high court case??, and does this mean that any other agreements whether signed or not that do not have the necessary terms then they are all enforceable and we can no longer down the route that has been on your site for some time now???

Help?
Thanks
Jimbobee

GeorgeUK

What charity is is that's assisting you?

The only things i am aware of are the 2006 Amendmends, so the agreement would need to be taken out after before 6th Aril 2007 for you to be able to challenge the enforcability; and the recent case involving sections 77/78 of the Act. All this did however was define what was required from creditors when a request under these sections was made and what creditors were allowed to do to enforce the debt. This didn't have any impact on a credit agreement that was not properly executed being unenforcable. Section 127 of the Act still remains which states that if an agreement is not properly executed then the court MUST NOT issue a judgement to enforce the debt.

I guess it all depends on when the agreement was taken out then. It doesn't sound like this was an online agreement which i believe has slightly different requirements.

niccatw

Hi there

I think there was a case that found creditors did not have to produce the original agreement or one signed by you, they just needed to prove there was an agreement at some point. This is likely waht this refers to.

I know there are people on the forum that know way more about this than I do, and I'm sure they'll be along shortly to advise and correct me if I'm wrong.

Sorry I can't be of more help!