How
do I find out if my Credit Card or Loan is unenforceable and can
be written off ?
Initially, all you will need to do is provide our Company with
basic details of your Credit commitments, including the name of
the Lender, if it was taken out before April 2007 and your approximate
monthly repayment. You can provide us with these details by telephone
or through our website
Do I need to provide you with copies
of my Credit Card or Loan Agreements ?
No, it is important for various reasons that an independent third
party obtains copies of your originally signed Agreements and
any accompanying documentation from your Lender, on your behalf.
This is because the copies of Agreements you may already have
could be "Borrowers copies" which can be significantly
different from the original documents. Also, our experience has
shown us that when clients request their own documents from a
Lender, their Lender often fails to provide all the relevant accompanying
documentation
How much work will I have to do
?
You will only have to complete a simple form and sign 2 documents.
The process should take around 10 minutes
What is the difference between the Service your Solicitors offer
and other Companies ?
The service is offered by our Solicitors and not a Limited Company.
Many of our Competitors claim to use Panel Solicitors. A Panel
Solicitor tends to accept panel work only when they have insufficient
work of their own and they may be tempted to prioritise their
own clients work in preference to their panel work. Our Company
acts for only one Firm of Solicitors who have been established
for over 160 years and employs more than 150 Legal staff, therefore
you can be assured that your case will be a priority
What happens if my Lender refuses
to provide you with a copy of my Credit Agreement ?
Under the Terms of the Consumer Credit Act your Lender must provide
a copy of your Agreement and any accompanying documentation within
one month. If your Lender fails to do this, your Agreement could
automatically become unenforceable
How long will it take to write off
my Credit Card or Loan ?
Obtaining original signed copies of your Agreements and the accompanying
documentation from your Lender can be Legally delayed by your
Lender for up to one month. Our Solicitors detailed evaluation
and audit of your Agreements normally takes around 4 working days.
The legal procedure involved in persuading your Lender to write
off your outstanding balance and to agree to any refund of your
previous payments normally takes around 8 months
Will I be entitled to receive a
refund of some or all of my previous payments ?
Our Solicitors will arrange to write off your outstanding balance
on your Credit Card or Loan and attempt to obtain a refund of
your previous payments. However, whether or not you receive a
refund and the amount of the refund will depend very much on what
aspects of Law your Lender has broken and if it is necessary for
our Solicitors to issue Court proceedings against the Lender
Will my Lender threaten me or take
me to Court ?
Your Lender cannot threaten you because your Credit Agreement
will be in formal legal dispute and their communication must be
directed to our Solicitors. Also, it is more likely that our Solicitors
will take your Lender to Court, rather than your Lender taking
you to Court
Will writing off my Credit Card or Loan allow my Lender to register
adverse credit against me ?
Because your Credit Card or Loan Agreement will be in formal legal
dispute and at a later stage acknowledged as an unenforceable
debt by your Lender or the Court, our Solicitors will utilise
the Law, The Data Protection Act and The Banking Code to stop
your Lender registering adverse credit information on your Credit
File
If I owe Car Finance and my Loan is written off will I still be
entitled to keep the vehicle ?
Yes, if your Finance Agreement is unenforceable and is written
off by our Solicitors, you will be entitled to retain ownership
of your vehicle
How much will it cost to write off
my Credit Card or Loan ?
After you have submitted details of your Credit Card and Loan
Agreements you will receive written confirmation of the exact
costs that will be involved
Is the way your Solicitors write
off my Credit Card or Loan completely Legal and ethical ?
Yes, it is completely Legal and Ethical and it is a Legal procedure
that utilises the Consumer Credit Act 1974 and other relevant
Laws that our Solicitors use to make your Lender agree to write
off your Credit Card or Loan
Can your Solicitors write off Credit
Cards or Loans taken out in joint names ?
Yes, if all Account Holders agree that they wish to write off
the Credit Card or Loan using our Solicitors
Can I get the same service directly from your Solicitors ?
No, the service we offer in conjunction with our Solicitors is
unique and our Solicitors have chosen to accept Clients through
ourselves
Will I still be able to take out
other Credit Cards, Loans or Mortgages in the future ?
Our Solicitors will utilise the Law, The Data Protection Act and
The Banking Code to stop your Lender registering adverse information
on your Credit File. Therefore, there is nothing to stop you being
able to take out future credit commitments if you wish
What if my Debt is being dealt with
by Debt Collectors ?
The process is the same, if your Credit Card or other Loan is
unenforceable, they will force the Creditor to write off the Debt
and you may be entitled to receive a refund of previous payments
Can my Credit Card or Loan be written
off if I am in Arrears or making reduced monthly payments ?
Yes, your Credit Card or Loan can be written off, however, you
will need to forward to our Solicitors your full normal monthly
repayment (not your reduced payment) for a period of between 6
and 10 months
Can my Credit Card or Loan be written off if I am currently in
a Debt Management Plan or IVA ?
Yes, your Credit Agreements can still be written off, however,
you will need to forward to our Solicitors your full normal monthly
repayment (not your reduced payment) for between 6 and 10 months
Can my Credit Card or Loan be written
off even if I can't afford the Repayments ?
No, you will need to forward to our Solicitors your full normal
monthly repayment (not a reduced payment) for a period of between
6 and 10 months
Can I write off my own Credit Cards
or Loans ?
Yes, if you are fully conversant with the Consumer Credit Act
and the other relevant legislation, you can. However it is very
likely that in order to do this you will have to risk taking your
Lender to court
What happens if my Lender refuses
to write off my Credit Card or Loan ?
Our Solicitors will issue Court Proceedings against them to force
your Lender to agree to write off your outstanding balance. You
will not be responsible to pay any additional money for this service
and our Solicitors will also ensure that you do not become liable
for any costs incurred by your Lender
If your Solicitors confirms that
my Credit Card or Loan is unenforceable, could they be wrong ?
No not really, because our Solicitors will have already conducted
an extremely detailed evaluation and audit of your Credit Card
or Loan Agreement in order to ascertain if your Agreement is unenforceable
Do I keep paying my monthly Credit Card or Loan payments after
contacting your Company ?
If you do not want to harm your Credit Rating, you should continue
to make your minimum monthly payments until our Solicitors have
confirmed to you that you can stop making payments
Why won't your Solicitors accept
Credit Agreements that were taken out after April 2007?
In April 2007, amendments to The 1974 Consumer Credit Act came
into effect with chapter 14 of the Consumer Credit Act 2006. This
forced Lenders to amend their Credit Agreements to comply with
the new Act and Lenders took this opportunity to remove the parts
of their Agreements that breached the Consumer Credit Act. The
new Act also led to the deletion of a very important part of the
original Consumer Credit Act that instructed Courts regarding
how they should deal with enforceable Credit Agreements
Can I Claim for Credit Cards or
Loans that I have repaid ?
No, our Solicitors will only accept claims to write off Credit
Cards or Loans that you currently hold or owe money upon
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