Uneneforceable Credit Agreement

by Candor Tue Aug 29, 2017 11:30 am

https://paulatwatsonssolicitors.wordpress.com/tag/unenforceable-credit-agreement/

by Waffle Tue Aug 29, 2017 7:20 pm

Nice share Candor.....
he Courts have also set down some guidance on the issue of unenforceabilty and who shares the burden of raising such arguments relating to unenforceabilty. In HFO Services vs Kirit Patel HHJ Platts made it clear where a debtor wishes to raise an allegation of unenforceability, he cannot just say “its unenforceable guvnor” he needs to say why. For example, its unenforceable because the amount of credit is misstated and therefore a prescribed term is missing and therefore the agreement does not comply with s61(1)(a) Consumer Credit Act 1974.

This is the direction Im moving towards with one of mine..

by Tom Bombadil Tue Aug 29, 2017 8:51 pm

Notice also that a reference date is talked of (6th April 2007) being around the seven year rule due to the date of the piece being written in 2013!

["So what if you don’t have the original agreement? well the burden does rest on the debtor to make a positive assertion about the original agreement, as the law stands , unless the debtor is able to make a positive assertion that the agreement was unenforceable because….. or that there never was a signed agreement…………………….(Please note: This only applies for agreements signed before 6th April 2007) then it is going to be very difficult to challenge the enforceability of the credit agreement".]

by Waffle Tue Aug 29, 2017 9:09 pm

I think gone are the days of claiming there was never a signed agreement, however, if we read some of the sections from the CCA that are provided in that text we should see the other ways to challenge the agreement, or the 'creditors' performance would be a better way to put it, even for those post 2007. Contributing, citing case law could enforce a formidable plan, one would hope.......

by Tom Bombadil Tue Aug 29, 2017 9:16 pm

Scenario:

I earn tons of cash. (Heh, right!)
I pay via direct debit (DD) in all or most of my dealings.
I notice a DD that I dont recall setting up. Or for the reason.
I cancel the DD and claim it all back via the DD insurance scheme.
The DD recipients get in touch with me via the bank, or somehow, my home address!

It is up to them to prove I signed anything. My sig is NOT the same as the one they have!

Any holes in that (a few yes)

by Waffle Tue Aug 29, 2017 9:28 pm

It depends exactly what you are challenging here, is it for credit or something else such as utilities.

If it were me I would be challenging the 'debt' or whatever it is then I would go in for the clawback if a successful claim was made, what can they do if an error has already been proven in court......

These guys make mistakes all the time, its just most of the time we don't know what mistakes we are looking for....

by Sponsored content

Uneneforceable Credit Agreement

Uneneforceable Credit Agreement

Re: Uneneforceable Credit Agreement

Re: Uneneforceable Credit Agreement

Re: Uneneforceable Credit Agreement

Re: Uneneforceable Credit Agreement

Re: Uneneforceable Credit Agreement

Re: Uneneforceable Credit Agreement