You can wipe off (make unenforceable)
credit card debt before April 6th 2007 if it lacks certain provisions
in the original credit agreement.
The Consumer Credit
Act 1974 was amended in 2007 so that all credit agreements undertaken
prior to the start of that financial year (i.e. 6th April 2007) must
contain certain information relating to the loan in order for the creditor
to be able to enforce it. If the original credit agreement does not
contain these details, known as the prescribed terms, then it is in
breach of the Act and it cannot be enforced, even by a court.
In some cases, even
when it does contain the prescribed terms, it may only be enforceable
by a Court Order.
But if it does NOT
contain the prescribed terms it may not be enforced even by a court,
and you may legally
wipe off (make unenforceable) your credit card balance.
If any credit agreement
you made prior to April 6th 2007 is lacking in these details it means
that it is not compliant with the law. In most cases you will not need
to pay anything further on this debt as it is deemed to be unenforceable.
If it is in the
wrong format or lacks some details but not others, a debt may only be
enforced by a judge. However, the absence of all of the prescribed terms
means that it cannot even be enforced by order of a judge because it
does not comply with the 1974 Act at all.
You can wipe off (make unenforceable)
your credit card debt before April 6 2007 completely if this is the
case.
Some instances are
clear cut while others are not. In cases where there is doubt, or there
are seen to be grey areas, it is best to seek experienced legal advice.
To use our service
the following must apply to you:
1 You must intend
to write off
credit card debt or loan debt
2 Resident of England, Wales or Northern Ireland
3 Have unsecured debts of over £4,000
4 Have at least one credit card or loan
5 The Credit Card or loan taken out before 6th April 2007
If you wish to take
this further with your own credit card debt or any other credit agreements
then write in confidence to our legal team on a completely confidential
basis using our online form.
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.