If you have any
credit card or loan agreements taken out prior to April 6th
2007 then there is a high possibility that they will be unenforceable.
A large proportion of debts taken on before that time have been discovered
to be unenforceable by law, to the extent that even a Court
cannot order their enforcement. When such a debt is unenforceable it
means that lenders offering credit without proper documentation cannot
enforce recovery of the debt resulting from it.
You will then be
in a position of knowing with certainty that your lenders cannot
enforce collection of your remaining debt. You cannot be forced
to pay the outstanding balance of any debt which is unenforceable. Many
thousands of people in the UK are now in this happy position.
Additionally, if
you have taken out payment protection insurance (PPI) with your credit
agreement then we can get that back for you so you as well. This money
is yours by right, but you do have to ask for it.
Our system also
allows you to track your claim online in real-time, so you can see exactly
what is happening on a daily basis and with total transparency.
We can also help
you reclaim all your credit card charges for the last 6 years; by law
the banks must pay all this money back to you, with
interest at 8%. But you have to ask them first.
Special
Offer:
As a trial special offer we will look at multiple claims for a low upfront
Admin fee of just £99 for unlimited claims
for you and your household.
But there is still
a route with no upfront fees. If you have at least
one balance with over £5,000 we will look at your account to see
if it is unenforceable. If in doubt complete the short form below and
we'll phone you back.
(UK residents only):
Write
Off Credit Card Debt is registered and regulated under the Data Protection
Act. Reg. No. Z1620707 and licenced by the Office of Fair Trading. Consumer
Credit Licence No. 633327.
Please make sure
you take action now, before the courts change the law as they did with
bank charge refunds last year. This may happen at any time.
Establishing that
your account is unenforceable means that the debt cannot
be collected; the debt itself does not disappear, only your requirement
to pay it. It will probably remain on your credit file for 6 years,
unless the debt itself is proven to be in error or a factual mistake.
You should avoid companies who tell you that they will make the debt
disappear, because that is not what happens! The only thing that is
removed is your obligation to pay the debt. Because you cannot be compelled
to pay an unenforceable debt. Not even a judge can make you pay.
The lender's original
credit agreement does not comply with the Consumer Credit Act requirements,
therefore you are released from the legal obligations of repaying the
debt. There is, frankly, a lot of nonsense about unenforceable debts
and about how they don't really exist. The reality of the law is that
you you do not need to repay a debt which is unenforceable, because
its collection cannot be enforced, by definition.
The debt does not,
however, disappear. Don't listen to anyone who tries to tell you that
it does. You just don't have to pay it, that's all. And think of what
a difference that would make to your household budget every month!
To write off credit
card debt may mean one of two things, when spoken of informally. It
may mean taking out an IVA and writing off up to 75% of it as part of
the IVA's terms. Or it may mean finding out if the debt is unenforceable
in which case you won't have to pay any of it back anyway.
All This
About Wiping Off Credit Card Debt: Is It a Loophole? How does it work?
The Consumer Credit
Act of 1974 allows borrowers to challenge unfair credit agreements.
Credit Agreements up to £25,000 and issued before 6th April 2007
must comply with the terms of the Act. Most UK banks and lenders have
not followed their legal obligations under the Act over the years. This
means that such contracts may be legally unsafe and not valid in law.
Unenforceable
credit agreements from an array of lenders have contained potential
breaches following an audit process. The result is that you can make
unenforceable your credit card debt as the debt cannot be collected.
We take details
of your debts and our specialist legal team challenge the agreements
with the lenders. They obtain documentation on your behalf and then
verify the legality of the contract. Our legal team will then, via specific
correspondence, prove that your agreement is not valid.
Wipe Off
Credit Card Debt: An IVA Is A Different Instrument But CAN Be Used
Please note that
this is not a debt management plan or an IVA, where
the debt is written off over 5 years. An IVA or similar instrument can
write off credit card debt in 60 months or less (3 years in Scotland
with a Protected Trust Deed) by means of an arrangement with creditors
and through an intermediary called an Insolvency Practitioner. In the
case of an IVA or other debt management programme, you may write off
your credit card debt (and other unsecured debts) with the agreement
of your creditors, who will receive a reduced amount of money in exchange
for a guarantee that they will receive the money over a structured settlement.
This is attractive to creditors because it is better than receiving
nothing at all.
We are also affiliated
to IVA and debt management specialists, if that should be more suitable
to your own circumstances. You can apply for a debt consolidation plan
when speaking with our advisor. Application is free and the advice is
independent.
Note: We do not
recommend that you take out a so-called debt consolidation loan unless
you can honestly afford to get yourself into more debt, which most people
cannot. We really do recommend reducing your existing debt as the only
long-term solution to debt misery.
Write Off Debt:
Is My Credit Card Debt Written Off?
No. As stated above,
establishing that a debt is unenforceable does not write off debt in
the sense that you will have your credit card debt written off (and
other types of debt written off). It means that the original credit
agreement is unenforceable and that the lender may not enforce the collection
of the debt. It is important that people are quite clear about this.
Recently many claims companies have made statements to the effect that
they can write off credit card debt or that they can get your credit
card debt written off. This can happen, but it is very rare.
But the distinction
is worth making: establishing that your debt is unenforceable means
that you do not need to continue paying the balance due on this debt
because you cannot be forced to do so. We will help you to get to this
happy position by examining the credit agreement and seeing if it is
indeed unenforceable. We will write to your lender to tell them this.
In a few cases the lender has been known to remove this debt from a
client's credit record and to actually write off debt, but this is very
rare. Under normal circumstances it will remain for six years until
it can be removed according to statute. Only then is the debt written
off.
The Best
Way To Write Off Debt
Undoubtedly the very best
way to write off debt is to apply for an IVA (Individual Voluntary Arrangement).
This will write off debt by up to 75% (unsecured debt only). The Scotland
the equivalent instrument is a Protected Trust Deed, with which one
is able to write off debt up to 90%.
To write off debt with either
an IVA or Trust Deed the applicant will need to meet certain requirements
related to income and expenditure.
The Best
Way To Clear Credit Card Debt
The best way to clear credit card debt is similar to
the above (the IVA and the Trust Deed). It is only by these legal instruments
that you can actually clear credit card debt. These actually clear your
credit card debt (and all your other unsecured debts) and they are actually
removed from your credit record by statute after 6 years (5 years in
the case of the Trust Deed under Scottish law).
It is important to note that often the phrase "to
clear credit card debt" is sometimes used in a colloquial fashion
to signify that an unenforceable agreement has been identified. This
should not, of course, be confused with actually clearing credit card
debt by lehal methods as the IVA and similar debt management programs
which are designed to clear credit card debt up to 90% (though in most
cases the percentage will be smaller).
Reclaim
Unfair Credit Card Charges
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Off Business Debt
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Easily
wipe off (make unenforceable) credit card debt; our experienced
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UCA-Specific
Privacy Policy
Complaints
Handling Scheme
Wipe
off credit card debts legally. All rights reserved.
Note:
If a debt is found to be unenforceable this means that the debt
can not be collected. It does not mean that the debt is wiped, cleared
or written off, other than in exceptional circumstances. All references
here to write off, writing off or wiping off or clearing debt and
to 'write off credit card debt' are understood in the colloquial
sense. In most cases the debt will remain outstanding and on file.
THIS
WEBSITE FULLY AND WHOLEHEARTEDLY ABIDES BY THE OFFICE OF FAIR
TRADING'S BOOKLET DEBT MANAGEMENT GUIDANCE (OFT366). COPIES MAY
BE OBTAINED FROM THE OFFICE OF FAIR TRADING.
FOR
FULL DETAILS OF OUR COMPLIANCE AND THE WAY IN WHICH THIS RELATES
SPECIFICALLY TO THIS WEBSITE CLICK
HERE.
Wipe
off credit card debt before April 2007
Write Off Credit Card Debt and Write
off Debt is a trading name of Credit Clear UK Ltd. Registered in
England and Wales. Company registration number 06606100. Credit
Clear UK Ltd is regulated by the Ministry of Justice in respect
of regulated claims management activities. Its registration is recorded
on the website www.claimsregulation.gov.uk. Registration Authorisation
number CRM 13650.