Unenforceable debt?

rt72

Hi,
This is my first post here so apologies if I've done the wrong thing by creating a new thread.

I have a question regarding whether or not a credit card debt might be unenforceable.

I can provide a (reasonably long) history and background if anyone can help.

Is this the right place to post?

[Deleted User]

It's as good a place as any.

Why do you think it may be unenforceable?

sourcrates

Do tell .........

rt72

Deleted_User wrote: »

It's as good a place as any.

Why do you think it may be unenforceable?

I wrote to the creditor in January this year asking for a copy of the original agreement and statements.
Eventually (9 months after my request) I received said documentation.
I've recently discovered that apparently under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account, which should be supplied within 12 working days, under these sections [sections 77-79] of the Act.
Unfortunately, I didn't make my request in a prescribed manner - so I'm unsure as to whether or not the enforceablity clause above applies?

sourcrates

rt72 wrote: »

I wrote to the creditor in January this year asking for a copy of the original agreement and statements.
Eventually (9 months after my request) I received said documentation.
I've recently discovered that apparently under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account, which should be supplied within 12 working days, under these sections [sections 77-79] of the Act.
Unfortunately, I didn't make my request in a prescribed manner - so I'm unsure as to whether or not the enforceablity clause above applies?

Ha, sorry no.

Those are only guidelines, the unenforceablility only lasts until the creditor complies, which they now have.


It was unenforceable for those nine months though.

rt72

sourcrates wrote: »

Ha, sorry no.

Those are only guidelines, the unenforceablility only lasts until the creditor complies, which they now have.


It was unenforceable for those nine months though.

Ok - thanks for clearing that up - I suppose the whole angle regarding missing "prescribed terms" in the credit agreement is a waste of time looking at too? The card was taken out in 2005

sourcrates

rt72 wrote: »

Ok - thanks for clearing that up - I suppose the whole angle regarding missing "prescribed terms" in the credit agreement is a waste of time looking at too? The card was taken out in 2005

Actually no, you may have something there.

On a debt from that period the prescribed terms must also form a part of what they send you, if they are missing, then it may be unenforceable after all.

However the law is very complex in this area, but as it's a pre-April agreement, Carey v HSBC reinforced that a failure of prescribed terms to be in a recon is fatal under s 127(3).

rt72

sourcrates wrote: »

However the law is very complex in this area, but as it's a pre-April agreement, Carey v HSBC reinforced that a failure of prescribed terms to be in a recon is fatal under s 127(3).

Ok thanks - any suggestions as to how best to proceed with that avenue - should I be speaking to a specialist lawyer for example or is there a good source to research further?

sourcrates

rt72 wrote: »

Ok thanks - any suggestions as to how best to proceed with that avenue - should I be speaking to a specialist lawyer for example or is there a good source to research further?

It depends, how much money we are talking about.

Sometimes you point out these discrepancies to creditors, they never bother you again, other times it's not that simple.

If it ended up in court you would need legal advice yes.

You could try posting on here :

http://legalbeagles.info

They are very knowledgable about this kind of thing.

rt72

sourcrates wrote: »

It depends, how much money we are talking about.

Ok thanks much appreciated - it's ~£15k for your info.