NON PROVISION OF RELEVANT DOCUMENTATION

One example of a Lender potentially breaching the Non Provision of Relevant Documentation Post Agreement part of the Consumer Credit Act is when a Lender: is formally requested to provide a copy of your Credit Card or Loan Agreement but fails to do so within one month

Section 77(if it is a Loan), 78 (if it is a Credit or Store Card) or 79 (if it is a Lease Agreement) of the Consumer Credit Act 1974 states: "The creditor under a regulated agreement..." must ..."after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it..." and "...If the creditor under an agreement fails to comply with subsection..." then "he is not entitled, while the default continues, to enforce the agreement; and if the default continues for one month he commits an offence" 

Therefore, whether the Lender has lost the Agreement and is unable to provide a copy or refuses to provide a copy of the Credit Agreement, your Lender may have breached the Consumer Credit Act 1974

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