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Tuesday, September 1, 2009

Resolving Issues With Regards To Unenforceable Credit Agreement

By Simon P Jennings

In the United Kingdom, it all comes down to the Consumer Credit Act of 1974 that clearly states how the terms of a credit agreement must be stated in a contract. You might get shocked to know that all the banks and financial institutions get customers to sign contracts which do not follow the terms as stated in the act and therefore, are liable to be declared unenforceable credit agreements.

You can read the consumer credit act 1974, which has mentioned that the terms and condition following the contract of loan are to be declared in a written form within the contract. A lot of credit card companies, have not been doing so. Loans that have been taken prior to April 2007 have a probability to be written off. This loan includes debts from credit cards, store cards or car loans. You are obliged to look for any existing unenforceable agreement before you categorize yourself as debt free. The details mentioned below are mandatory to be present in a credit agreement:

The entire amount of loan The applied interest rate The number of installments that are to be paid Deadline of every installment Seal or signatures of both the parties

If the agreement is not signed and the terms of the contract are not clearly stated and yet you somehow managed to get the loan, the agreement will be considered incomplete and illegitimate.

The signed agreement has to be considered if you want to know whether you are liable to any unenforceable credit agreement. You are required to follow the appropriate set of steps in order to do so. These steps include sending an appeal to the respective load and Credit Card Company and requesting for a true copy of the agreement you signed. The financial institution may take twelve days to send you the required copy. Further thirty days should be given to the institution to provide you with the copy. In a scenario where they do not send you a copy, you have the right or authority to complain the Trading Standards in the area of their jurisdiction that they have breached boundaries towards an offense.

This, by no way means that you should stop paying off the loan or rush off to a solicitor. You must do your own homework first. Ask for copies of the credit card or loan agreement. Wait for the company to give you a reply. If they default then you may proceed.

To make an upfront payment to assist you with clearing off the unenforceable debt, you should find a solicitor who only asks for money once the task is achieved. Their job description includes evaluating the contract you have signed, communicating the issue with the respective company and following the case till it is settled.

You are to follow the appropriate process if you believe you have any unenforceable debts. You should get a letter mentioning that the debt has been written off. The complex legal and financial situation needs a skilled expert to guide and support you. However, if you don't want an expert, you can try resolving the issue by deeply scanning through consumer credit act of 1974.

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