The law says a lender cannot ask a court to enforce a debt if the lender's original agreement failed to comply with certain requirements.

Do you have a loan of less than £25,000, have a credit card, store card or perhaps you received credit to buy a household item like a TV or washing machine before April 2007?

What do we mean by "unenforceable"?

Lenders have a legal duty to ensure that a credit agreement has ‘prescribed terms’ in order to make it legal in a court of law under the Consumer Credit Act 1974. In recent years it has come to light that some credit agreements do not have all of these terms making the contract ‘unenforceable’. This means that if your loan or credit card contract is found to be ‘unenforceable’’ then the debt cannot legally be collected by the lender and you may not have to repay the debt. Furthermore if the lender is unable to supply you with a copy of the credit agreement it may also be deemed unenforceable under the Consumer Credit Act 1974.

If the credit agreement is deemed unenforceable the lender can still:

  • Send you a letter called a default notice if you miss any payments
  • Pass your information on to a credit reference agency, which might affect your credit rating

So how can we help?

If you do suspect that you have debt which has not been properly arranged and therefore may be unenforceable then we may be able to help. We can request a copy of your credit agreement and our legal team will assess the agreement to ensure it fully complies with the Consumer Credit Act 1974.

If you would like further information or to chat through your options with a member of our team, just give us call on 0845 874 0240

So what do you do next?

STEP 1
Give us a call or simply complete the online form.

STEP 2
We will discuss your individual situation with you and fully outline the options open to you.

STEP 3
If you would like to proceed, for a non-refundable fee of £95.00 + VAT, we can arrange to obtain the necessary documentation from your bank.

STEP 4
Once we have received the necessary documentation, our legal team will assess it to establish if there is a prescribed breach in your agreement and advise you of our findings and next steps.

If you would like us to check any existing credit agreements or think you may have a claim for mis-sold Payment Protection Insurance (PPI) or for unfair credit card charges from the last 6 years, then give us call, we are here to help.

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