Unenforceability - No Credit Agreement

fermi

edward1412 wrote: »

Hi all,
My case went a little bit further, we have asked for a copy of the original agreement, and instead they sent us a pre-approved form, at that time I was buying a new Mercedes-Benz car and anyone who did so was pre-approved for a credit card, so the court date came, I represented myself and the judge said to write a statement in full about my apposition to a Bankruptcy Petition, I need to write it today, please advise any ideas from where to start.
Many Thanks

I'll move this to it's own thread.

Click here ---> https://forums.moneysavingexpert.com/discussion/3915221

Stewart_78

What's the latest thinking on this. Most of my debts are fairly old (early 2000's) when the cards were first opened. Does anyone actually manage to get away without paying off their debts? There was a lot of fuss about it a while back but it seems to have died down a bit now.

Greg_S

I was wondering the same, I've never heard about this until recently.

I've had my main card for ages. If its unenforcable, could I use this as a reason to get them to freeze the interest on the basis I will continue to pay off the debt and they don't default the account? Can't see how I can be in breach of a credit agreement if the credit agreement is unenforcable anyway?

iolanthe07

There used to be a loophole about unenforcable debts if the company couldn't find the agreement. This changed from April 2007, though, and any debts incurred since then can be enforced with a 'reconstituted' credit agreement; in other words, they don't have to find the original any more. You should have your own copy somewhere, though.