What's this loophole and unenforceable credit agreements all about?!

[LeeandMel]

I've read so much about this subject but failing to acknowlegde what the actual loophole is.

 

I know all about the pre Apr 2007, and sending a CCA to your creditor etc but what is the actual loophole.

 

Am I being stupid?!

[palomino]

Some agreements are not compliant in that they do not have the proper prescribed conditions within the terms and conditions.

 

Some agreements have not been properly executed.

 

Some agreements have been lost.

 

Some agreements have been scanned onto a computer (very old ones may only exist as microfiche) and the copies printed from these are illegible.

 

For some agreements, of course, everything is properly in order.

[LeeandMel]

Thanks for that.

 

So there are several different ways in which an agreement can be unenforceable.

 

I've just sent my CCA request so i'll keep you posted.

 

Just for everyones information, im not trying to wriggle out of any monies I owe, but I have fallen on rather hard times lately, and my credit card company is not being very sympathetic at all and completely taking me to the cleaners! Charges after charges with extortionate interest rates.

 

I just need some leverage!

[questioning]

Hi L&M,

A good read around the forum will provide you with all the knowledge you require. The info here is vast, so quite a few hours reading are essential to begin to understand all the issues of the Consumer Credit Act. There isn't a 'simple loop hole'. Here's a thread to start with by Steven..... http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html#post1897679

 

Have a look at cases in the 'legal issues' section, and the 'legal successes,'

this will enlighten you.

It may be the case that the Credit Card Co. don't have an enforceable CCA but on the other hand they might.

 

Have you considered reclaiming the charges from the credit card company? From your post it seems as though there must be plenty to reclaim, its surprising how they soon add up to a tidy sum.

Here is a guide to using the forum, very helpful....http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Edited May 16, 2009 by questioning
added guide to forum