Unenforceable Credit

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The law relating to Consumer Credit Agreements is very specific to ensure that consumers are protected. If Agreements fail to meet certain prescribed terms they are deemed unenforceable. It is estimated that a large number of credit agreements dated before 6th April 2007 are unenforceable. If this is the case you could be entitled to a refund of excess interest, hidden charges or even a complete waiver of payments altogether.

If Agreements fail to meet certain detailed terms they are unenforceable. The following are just some areas in which agreements fail to comply.

  • The agreement does not state the number of instalments, the amount of repayments, when they are due, their frequency and timing, and any powers available to the creditors to vary what is payable.
  • The agreement is not signed.
  • The agreement doesn’t state the amount of credit.
  • There is no interest rate stated.
  • The lender did not fully take into account how your age, experience, physical or mental health would affect your ability to enter into a credit agreement or keep up with the payments.
  • In the case of cancellable agreements, failure by the creditor to include, in an agreement or copy, notice of the right to cancel (in the prescribed form), or failure to supply a separate notice of a right to cancel where it is required.
  • You have been charged interest at an exceptionally high rate.
  • The calculation of interest is incorrect.
  • Monthly payment calculated incorrectly.
  • Incorrect APR stated.

We will complete a full audit of your case to establish whether or not your debt could be deemed unenforceable.

 

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0870 777 9390

 

 
Principal Office: Calle de Cordoba Edif. Reyes 42 Planta 10 C/D Fuengirola 29640 Malaga Spain
Address: 16 Cross Street, Burnham on Sea, Somerset, TA8 1PF
Tel. 0870 7779390 | Fax. 0870 7779392 | Company Reg. No: 5656241