What to do - decision time: bankruptcy or F&F

sourcrates

Hi,
Because they can't provide you with a copy of the T's & C's applicable, they can't enforce the agreement in court, the reconstituted agreement will suffice if your account was opened after April 2007, If opened prior to this date, it will not suffice.

Of course they are going to want there money back, and they can ask you to pay, it's just that they can't now force you to do anything, as the option of court action has been removed from the equation.

bennyhill_2

Thanks again Sourcrates - agreement was way before 2007 so that's great news.

fatbelly

Even if s77-79 has been complied with, that gives you an argument under s127(3) of the Act - covered here

https://forums.moneysavingexpert.com/discussion/comment/68228440#Comment_68228440

However they say they ' have not currently complied with section 78 of the act' so any action can be stayed on that basis.

I'd say this one's dead.

Good luck with the rest!