Loans taken out
before April 6th 2007 can be challenged if the original contract agreement
is lacking in certain aspects, as laid down by the amended Consumer
Credit Act of 1974. Although the majority of credit agreements are about
credit cards (which is, after all, what this site is about) this covers
any form of credit agreement, including loans.
A lot has been written
in the media in recent months about loans before April 2007. Let's clarify
a bit about what type of loan is liable to be written off. Firstly,
both secured and unsecured loans are included, as long as they are under
£25,000 when taken out (not the remaining value of the "lump
sum") as loans above this amount are not covered by the provisions
of the amended Act. The purpose of the loan is immaterial: as long as
it was agreed before 6th April 2007 and it fails to meet the prescribed
conditions then it is elligible to be looked at to see if it is unenforceable.
It is fair to say
that secured loans are drafted with more care than unsecured loans,
so there is less chance of a secured loan being unenforceable. Having
said that, there is every chance that an unsecured loan will be unenforceable,
as long as the original agreement fails to meet the amended requirements
of the Act and you took out the loan before April 2007.
If you took out
a loan before April 2007 there's a few things you could do to see if
you could write it off. You could ask the lenders for a copy of the
agreement and check it yourself, or you could get a solicitor to do
it for you. Of course, getting a solicitor is much easier, but it can
be expensive, although our service is much less expensive than most.
To check out the
qualifying details have a look at our home page. It mentions mainly
credit cards, but exactly the same conditions apply to any other form
of credit agreement, including loans, car finance, store cards, etc.
If you want to check
out your loan before April 2007 and want to have an informal no-obligation
chat with one of our legal team, then apply in confidence by using the
following:
We are compliant
with the CAN-SPAM Act. We will not pass your name or any other details
to third parties apart from the specialist solicitor who will need to
know these details in order to help you.
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Loans Before April 2007
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 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.