Sunday 5 July 2009

Credit Agreement

Do You Have A Flawed Credit Agreement?
If So, You May Not Have To Pay The Loan Back.

There has been some news in the press of late about how it may be possible to make a financial claim against the bank who you have a credit card with, due to the potential ‘unenforceability of the credit agreement. If successful, this can result having the current outstanding debt of the credit card completely cleared. What most consumers don’t yet fully understand is how it is possible to make a financial claim such as this.

The key lies in the credit agreement that you first signed when you took out your credit card. In order to find out if your credit agreement may be flawed and therefore, potentially ‘unenforceable’ by the lender, is to have it correctly evaluated - which is why it is important to seek out a reputable financial claims company who has a panel of solicitors experienced in the Consumer Credit Act. Any credit agreement signed by a consumer prior to the 6th April, 2007, is governed by the Consumer Credit Act of 1974 and must comply with its regulations.

Credit Card Claim

Debt Clear Solutions Ltd is a regulated financial claims company that is able to provide a bona fide legal process for their clients.

To see if you have a valid credit card claim and possibly write off your credit card debt take our 60 second test at:











or call Debt Clear Solutions today for a free consultation on: 0207 544 1093

It Pays To Claim.

Wednesday 17 June 2009

It Is Now Possible To Legally Clear Your Credit Card Debt

It Is Now Possible To Legally Clear Your Credit Card Debt &
Claim What Is Rightfully Yours.

It has come to light that a significant number of Credit Card Agreements signed before the 6th April, 2007, may be flawed and potentially cannot be enforced by the Credit Card provider. Although this information has been in the public domain for some time, it is only in the last year that consumers have started to hear about how this is possible. There is, however, still a misconception that the process involves taking advantage of a legal ‘loophole’ – on the contrary, it is the consumer’s legal right.

A Credit Card Agreement is the contract the consumer signs when taking out a Credit Card or Loan. This is a legally binding contract that has to be adhered to by both the consumer and the lender. Any Credit Agreement taken out prior to 6th April, 2007 is governed by the Consumer Credit Act of 1974. Should any of the prescribed terms of the Credit Agreement not comply with this Act then the consumer may have a credit card claim and possibly not be required to pay the outstanding balance back.

A recent example of this occurred in April, 2009, in a Lancashire court where the Judge found in favour of the consumer. The court confirmed the lender had breached a prescribed term of the Consumer Credit Act (CCA), resulting in the consumer not having to pay the Loan back.

Most consumers are now fully aware of unfair bank charge reclaims. However, the issue of ‘Unfair’ Charges being added to Credit Cards is now also coming to light. Consumers are challenging excessive and unnecessary charges being added to their Credit Card debt pertaining to late payments or exceeding their credit limit.

Recent press coverage has also highlighted the mis-selling of PPI’s (Payment Protection Insurance). ‘Which?’ magazine in June 2008 stated: ”…..as many as 2 million policies have been sold to people who may not be eligible for cover…” ‘Which?’ estimates that “around 6 million PPI policies - about a third of the market - were attached to loans at the end of 2006.” Doug Taylor, spokesman for ‘Which?’ said, “We have always known that people were being mis-sold PPI, but we were still amazed to discover the scale of it.”

More and more consumers are now discovering that not only may they be able to completely clear the outstanding balances on their Credit Cards through a credit card claim, without actually having to pay the loan back, but also receive further compensation for mis-sold PPI policies attached to the debt, as well as ‘unfair’ charges. However, it is important that consumers understand this is a legal process, which ideally requires the expertise of a regulated financial claims management company with the legal expertise and insurance in place to take on each case.















Debt Clear Solutions Ltd is a regulated financial claims company that is able to provide a bona fide legal process for their clients.

To see if you have a valid credit card claim and possibly write off your credit card debt take our 60 second test at:











or call Debt Clear Solutions today for a free consultation on: 0207 544 1093

It Pays To Claim.

Wednesday 20 May 2009

Avoid Bankruptcy

Avoiding Bankruptcy - Is It Possible?

You could be forgiven for thinking that there is no alternative to bankruptcy, however if you knew what the long-term implications of filing for bankruptcy were, you would most definitely try and avoid bankruptcy.

Increasing numbers of students are finishing university with large amounts of debt and are unable to make their monthly loan payments. Therefore it is becoming increasingly popular for these graduates to seek bankruptcy as a means to clearing their debts.

In this current economic climate, financial experts have estimated the number of personal bankruptcy cases in the UK could reach more than 100,000 a year and with easy access to credit there seems to be no sign of this trend changing.

So, with the number of UK citizens filling for bankruptcy increasing every year, is there actually a viable alternative? A genuine way to clear all your credit card and loan debt without filing for bankruptcy? Yes, there is.

It is understandable that in order to survive in the modern world you need access to credit. The issue is not having access to credit; the issue is having access to large amounts of credit – and when the uncontrollable urge arises to spend it, it is easy to see how quickly people’s personal debt spirals out of control.

People think there is no alternative but to try to pay off their credit card and loan debt, but all they end up doing is spending years making the minimum monthly payments, which means the actual capital debt – the amount of money they actually borrowed – never or barely decreases. It is a vicious circle. And is this current global financial crisis, people in debt are no longer able to meet their minimum monthly payments and are unable to avoid bankruptcy. This is because they are not aware there is an alternative to bankruptcy.

So, when you are no longer able to keep up the minimum payments on your credit cards and loans what do you do?

Firstly if you have a mortgage you are advised to keep making your monthly payments; however, if you are having difficulty making your mortgage payments, don’t bury your head in the sand - talk to your mortgage lender about your financial situation, and ask if you can take a payment holiday, or negotiate to spread the arrears over a number of months. You will amazed how accommodating many of the mortgage lenders are being at this time.

Your credit cards and loans are another matter: it is possible to negotiate reduced payments with the lenders; some lenders are excepting a single payment of up to 50%, sometimes more, of the debt, just so the debt is cleared. If you do not have the available funds to do this, request a financial statement from your lender, and declare your monthly financial incomings and out goings; this will prove the realistic payment you can actually afford to make each month. You may be surprised how flexible you lender may be. However uncomfortable this experience of having to face the reality of your current financial situation with regard to uncontrollable debt may be, and however attractive the thought of filing for bankruptcy may seem, you should really make every effort to avoid bankruptcy.

Why should you avoid bankruptcy? Although your bankruptcy is cleared in a year, if you go bankrupt you will find it rather difficult to obtain credit for at least 6 years – be it a credit card or loan, a mortgage, even a mobile phone contract. More importantly, if you have own your own home, you will probably lose it.

Finding an alternative to bankruptcy should be your goal: there is a government agreement called an IVA whereby you can agree to a reduced repayment plan with the lenders. Typically the agreement would be to repay 20% to 30% of the outstanding balance over a period of 5 years. IVA’s sound good in theory, however, should you fail to keep up the monthly payments, for whatever reason, you will then default on the agreement and could very easily find yourself back to square one, whereby all the payments are lost and the original outstanding balance is then reinstated. If this happens to you and you own your home and there is sufficient equity in the property to warrant the sale of the house to pay the lenders back, then you will find that your home will be sold and any money used to then pay the lenders.

Is there any other way to avoid bankruptcy?

Yes, there is. It is possible that you can clear the outstanding balance on your credit cards and loans, should the credit agreement that you signed when you took out the loan does not comply with the Consumer Credit Act of 1974. If this is proven to be the case, then the agreement would be rendered unenforceable, meaning the lender cannot enforce the debt – in other words, you don’t have to pay the loan back.

In addition, you may also be entitled to compensation as you may have incurred unfair charges by your lender for late payments, or exceeding your credit limit on your credit card. You may also be eligible for compensation if you had been mis-sold Payment Protection Insurance when you took out your credit card or loan. So, not only may it be possible to avoid bankruptcy by legally clearing the outstanding balances of your credit cards and loans due to the unenforceability of the your credit agreements, but also receive additional compensation for unfair charges.

To find out if your credit card and loan agreements may be unenforceable, please visit www.DebtClearSolutions.com where we will be happy to assess your current debt issues, and identify how we can assist you in resolving these concerns as swiftly as possible.

Debt Clear Solutions is a Financial Claims Company authorised and regulated by the Ministry of Justice. in respect of regulated claims management activities, (Authorisation No: CRM15623).

Our goal is to find the best Debt Clear Solution for our clients: an alternative to an IVA, debt management plan or bankruptcy.

So before you consider an IVA - Debt Management Plan, or bankruptcy, visit www.DebtClearSolutions.com today and see what bankruptcy alternatives may be available to you.