NON PROVISION OF PRESCRIBED TERMS

One example of a Lender potentially breaching the Non Provision of Prescribed Terms part of the Consumer Credit Act is when a Lender: requires you to sign a Credit Card or Loan Agreement, but separately provides you with a booklet containing the Terms & Conditions of the Agreement

Section 61 of the Consumer Credit Act 1974 which states: " A regulated agreement is not properly executed unless-"  "a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner..." 

Therefore, by providing you with an Agreement to sign and the Terms & Conditions of the Agreement seperately, that you did not sign, your Lender may have breached the Consumer Credit Act

The growing number of people trying to persuade their Lenders to write off their unenforceable Credit Agreements has forced Lenders to make a stand against individuals. Therefore, it is now likely that if you contact your own Lender to Claim that your particular Credit Agreement is Unenforceable, they will immediately deny it and eventually suggest the only way to decide this matter is in Court. Lenders know that unfortunately, if you yourself take your Lender to Court on your own, you risk losing thousands of pounds in their Legal costs because you are unable to purchase After the Event Legal Insurance

However, if a Solicitor concludes that your Credit Agreement is unenforceable they may offer to accept your case on a No Win No Fee* basis. The Solicitors will then demand that your Lender formally agrees that your outstanding balance does not need to be repaid

If your Lender refuses, the Solicitors will take them to Court to force them to comply. If you win your case, the Solicitors will be able to reclaim their fees from the Lender and you will be entitled to keep 100% of any Compensation. Even if you lose, you will not become liable to pay any Legal costs because the Solicitors will not charge you and will also arrange After the Event Legal Insurance so that you will not have to pay the Lenders Legal costs