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Frequently Asked Questions

UNENFORCEABLE CREDIT CARD AND LOAN AGREEMENTS

Can I Claim Against Any Credit Agreement?

Any Credit Agreement you have, as a result of taking out a Credit Card or Loan, can be challenged. However, the Credit Agreement must be between £3,000-£25,000, have been taken out prior to 6th April 2007 and be governed by the Consumer Credit Act of 1974


Can I Make The Claim Myself?

Yes, you can, however it is unlikely your Lender will settle without the threat of legal action. As this is a legal challenge based on complex law, it should not be perceived as a ‘Loophole’ to write off your debts. Our Panel of Solicitors is highly skilled in this specialised area. An ‘Audit’ is carried out for each claim by our Claims Specialists to ascertain what within the prescribed terms of your Credit Agreement render it potentially ‘Unenforceable’.


Why Have These Issues Come To Light?

This information has been in the public domain for some time, however, given the current economic turmoil, we, the consumers, are now fighting back.

A recent example of this with regard to challenging ‘Unenforceable’ Credit Card and Loan Agreements, occurred on 8th April, 2009, at Chester Court, where Judge Halbert found in favour of the consumer in the case between Mr. Michael Walker and the lender Southern Pacific Personal Loans (SPPL). The Judge formally handed down a judgement confirming SPPL had breached a prescribed term of the Consumer Credit Act (CCA), meaning the loan between Mr. Walker and SPPL cannot be enforced by the lender. Consequently, Mr. Walker is no longer required to pay the loan back.


What Does The Term  ‘Unenforceable’ Mean?

When an agreement is 'Unenforceable' it literally means that the terms of the agreement may not be enforced. One of the terms of your Credit Agreement is to repay the sum borrowed, so if the Agreement is ‘Unenforceable’ you would not have to repay any outstanding amount.


Can I Still Claim If I Am In An IVA Or Debt Management Plan?

Yes. We can still make a claim on your behalf, providing we assess your Credit Agreements are ‘Unenforceable’.


Will I Have To Speak To The Lender Who Provided The Credit Agreement?

No. Once you have given our Claims Specialists written authority to act on your behalf, your Lenders are not supposed to bother you. If they do make contact with you, simply remind them who is now dealing with your complaint.


How Much Does It Cost?

The fee is £295.00 per Credit Agreement. This includes all aspects of your claim from the initial ‘Audit’ of your Credit Agreement through to the Legal Challenge, should our Solicitors deem it ‘Unenforceable’.


When Do I Pay The Fee?

Our fee is paid, in full, prior to commencement of the claims process.


Is There A Discount?

Should you refer a family member, friend or colleague to Debt Clear Solutions, so we can fight for their consumer rights too, you will receive £25 for each person who becomes a client.


Apart From The Initial Fee, Are There Any Other Hidden Costs?

NO. There are NO FURTHER FEES during, or on completion of, the claims process.

We have private funding available from a major equity investor to take your case through the LEGAL PROCESS, without any further cost to you. We also work in association with a large City Insurance Firm who provide AFTER THE EVENT INSURANCE so you are represented on a NO WIN NO FEE basis. This ensures you do not incur any further costs apart from the initial fee you pay at the commencement of the claims process.

Only a very few companies currently specialize in genuinely challenging Unfair Credit Agreements and successfully clearing their clients’ outstanding Credit Card and Loan balances. Debt Clear Solutions prides itself on being one of the few companies who does not charge their clients a percentage of the cleared balance upon successful resolution of the case.


What If The Solicitor decides That I Do Not Have A Valid Claim?

If this is the case, we will REFUND 100% OF YOUR FEE.

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Debt Clear Solutions is a trading style of ICSVCS LTD.
International House, Suite 501, 223 Regent St, London, W1B 2QD
Company Registration No. 06610207

ICSVCS LTD is regulated by the Ministry of Justice in respect of regulated
claims management activities. Registration Number CRM15623.

Licenced under the data protection act certificate number: Z1825791
Debt Clear Solutions © 2009.
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