How To Write Off Debts

Has  your credit card debt accumulated so much so that the sound of the phone makes you jittery? In case you are in such a situation, you should not give up, as there are methods that you can apply to write off all your debts. It is true. You can write off your credit card debt and have peace of mind.

Irrespective of whatever led you down the path of loans, you will be able to use a number of debt management systems to write off debts. It will take a relatively short time to completely write off all the debts you have when you seek the relevant professional assistance.

There are professional debt management solutions companies that specialise in giving you relevant advice after studying your financial situation. This means that you will be able to get a solution that is well customised to solve your unique circumstances.

One of the important factors about this method of writing off debts is that you will be able to get a solution that you can manage. However good a solution is, it will be of no real help to you if it is way beyond your budget. This is important when you consider the fact that you have to stick to the method you have started on in order to write off debts. This is something that requires commitment on your part.

You can write off credit card debts by using different methods, such as secured and unsecured debt consolidation. Each type has its own advantages that you need to bear in mind. Debt consolidation is a good way to help you write off debts so long as you receive professional guidance.

You should carry out relevant research in order to get the most ideal solution depending on your individual circumstances. In addition to making honest personal assessment, you need to deal with a reputable company to help you write off your credit card debt.

You may have heard the term ‘unenforceable agreements’ or ‘unenforceable credit card agreements’ quite a lot recently. You may know that it is possible to claim that you agreement is an unenforceable agreement and have the balance written off. But what are unenforceable agreements exactly? It is all based on the 1974 Consumer Credit Act. (CCA) This act states that in law certain terms and conditions must be contained within the agreement. If they are not or the agreement is not signed, then the agreement is unenforceable.

What Is Unenforceable?

The term unenforceable means that the agreement cannot be enforced and therefore no further repayments need be made once the agreement has be declared unenforceable.  You may be wondering why only agreements taken out before 2007 can be claimed. This is because after that time there is discretion allowed by the judge as to whether or not the agreement is enforceable whereas before 2007 there is no such allowance and even a court cannot enforce the agreement. Credit card, store card, HP, car finance and loans can be checked or audited to see if any breaches of the 1974 Consumer Credit Act can be found in the agreement.

The process is quite complex and  somewhat time consuming. You will need the backing of a solicitor who is proactive and this can be found by using a CMC or claims management company.

First a true copy of your agreement will need to be obtained from your lender. They have 12 working days to reply. If they fail to do so or send a copy of terms and conditions (which is not the agreement) then they are ‘defaulted’. The case is passed to a solicitor who issues proceedings against the lender. If your agreement is sent back it is then audited to check for any breaches in the 1974 CCA.  Once these are identified it is then passed to a solicitor who prepares the case for court. You will be given free ‘after the event’ insurance to cover any costs which you case my need.

The first stage takes about eight weeks. The second stage which aims to have the balance written off take longer and very much depends on the response of the lender in question. No cases have gone to court because if the lender loses a precedent will be have been set. So they won’t risk this.  But many have been settled out of court or written off before court proceedings have been issued.

The Best Advice?

The best advice is to shop around and gather as much information as possible. The law is constantly being tested in court and changing all the time. So you will need to be patient and also be prepared for changes in the law which affect your case.

There is no need to consider IVA or Bankruptcy before you have had your agreements audited for unenforceability. It is good, in my experience to tell your lenders that you are having your agreements audited and offer them a token payment of a few pounds a month if you can afford it. They are often more willing to accept if they know you are having an audit.

Negotiate With Your Creditors Click here to get FREE letters to help you make a payment arrangement plan with your lenders.

It is the first step to a debt free life.

If you answer YES to any of the questions below, there is a good chance that you were mis-sold your PPI policy. N.B. If you have, or have had, more than one PPI policy in the last 10 years, even if the finance that was covered has now been repaid, you should ask yourself the questions below for EACH and every PPI policy you have had.

1. Were you self-employed or not working at the time you signed up for the PPI cover?

YES ____ NO _____

2. Were you pressured into signing up for the PPI?

YES ____ NO _____

3. Were you told you had to take out the PPI at the same time as the loan?

YES ____ NO _____

4. Were you (or would you become during the course of the policy) the wrong age specified for PPI?

YES ____ NO _____

5. Were you told the PPI increased your chances of getting the loan?

YES ____ NO _____

6. Did they omit to tell you that you had a choice to look elsewhere for PPI cover?

YES ____ NO _____

7. Were you told or given the impression that the PPI cover was compulsory?

YES ____ NO _____

8. Did you have to pay upfront for the PPI but were not told that policies are available where you could pay monthly?

YES ____ NO _____

9. Did you ever increase your loan and find that your PPI premium was raised too without your consent?

YES ____ NO _____

10. Did they fail to ask if you had other insurance that would cover the loan? (It doesn’t matter if you didn’t have this, what matters is that they asked if you did. For instance, you may have had a separate loss of income protection policy through an insurer)

YES ____ NO _____

11. Did they omit to tell you there were some exclusions that might affect your eligibility to make a claim?

YES ____ NO _____

12. Did you pay an upfront premium, repay the loan early but then still not receive a refund?

YES ____ NO _____

13. Did they fail to fully explain the terms and conditions to you?

YES ____ NO _____

14. Did you ever experience a loss of income and then try to make a claim on ANY of your PPI policies?

YES ____ NO _____

If, yes, was it successful?

YES ____ NO _____

If no, why not? ___________________________

Have you taken out a Car Loans, Home improvement loans, Secured Loans and even personal Loans. It doesn’t mattet if the loan is current or previously redeemed.

If you have already tried to claim and been refused by your lender it doesn’t matter. You will be taken much more seriously if you use a professional service.

It doesn’t matter if you win or lose (which is unlikely). You pay no fees to make a claim. Research now shows that up to 90% of policies sold in the UK are useless. Many people when trying to claim on their PPI are told that they are not eligible to make a claim on these policies.

It is estimated that over 20 million people in the UK have been mis-sold a payment protection policy, some might not know they even have one. Recent changes in the consumer credit act has forced companies to issue at the very least, annual financial statements. If you have never recei ved a financial statement from your lender then chances are you have no idea how much you actually owe.

The sale of Single Premium Payment Protection Policies, insurance to your loan in one lump sum, has recently been BANNED at the point of taking out the loan. If you have one of these policies then chances are it was mis -sold and you are paying for something in which you will never likely be able to make a claim on.

Mis-selling checklist

1. Were you told the policy was compulsory?
2. You were told the insurance was essential for you to get the loan
3. Where you asked if you had another policy or insurance in place that would cover you?
4. The terms & conditions of the loan insurance policy were not fully explained to you.
5. You felt under pressure to take out the loan insurance
6. Where you informed that alternative and cheaper insurance products were available to you?
7. Did the adviser tell you about any significant exclusions under the policy – for example, the exclusion that says you won’t be covered for any pre-existing medical condition?
8. If you took out a loan or finance agreement, did the adviser make it clear that you would have to pay for the insurance up front in one single payment?
9. If you had to pay for the PPI as a single payment, did the adviser make it clear that the insurance cost would be added to the loan and you would be paying interest on it?
10. Single premium PPI insurance normally lasts for 5 years. If your loan or finance agreement was for longer than this, did the adviser make it clear that the insurance would run out before you had finished paying for your loan or finance agreement? The adviser should also have told you that you would continue to pay interest on the insurance premium, even after the insurance expired.
11. You were under 18 or over 65
12. You worked less than 16 hours a week
13. You were employed on a temporary or contract basis or were aware you may become unemployed
14. You suffered from stress, backache or had a pre-existing illness or injury
15. You were not told about the true cost of the insurance, (or not told you were buying it at all).
16. You were not asked about any other insurances you had
17. You were not told that the same policy could potentially be bought elsewhere cheaper.
18. You paid for loan insurance upfront and it was not refunded to you when you paid back your loan early.

If any of the above apply to you why not claim back your ppi premiums now? You could receive thousands of pounds back.

If you still need PPI you can shop around and buy it cheaper elsewhere ……………..and read the small print and exclusions first!

Step 1 – Admit that you are facing problems in
managing your finances.The first step towards debt
free life is to come to terms with the fact that your
debts have become unmanageable. Leaving bills unpaid
and ignoring the problem does nothing to wipe off your
existing debts. It only makes the situation worse.
However the fact that you’re reading this article means
you have accepted that you are in debt and you are ready
to take the next step.

Step 2 – Take an honest look at your present financial
situation. Make a list of your debts. Next to the listed
debts include the name of the creditor,the total amount
you owe, the rate of interest you are being charged and
the monthly payment you make towards this debt, if any.
It will not only give you a clear picture of your
financial standing but will also help you in choosing
an appropriate debt solution.

Step 3 – Prioritize!
Decide which bills to pay first and which ones can wait.
Concentrate on paying off the debts that have a higher
interest rate. You will save more money in the long run
by ridding yourself of these expensive loans first while
keeping up the required repayments on the others.When
making the repayment remember to pay a little more than
the minimum as minimum debt repayments only covers the
added interest. It makes no impact on the capital amount.

Step 4 – Create a realistic monthly budget for your
outgoings. List all the essential expenses and
non essential expenditures.
The non essential expenditures can be completely
cut or lowered substantially until you become
debt-free. Evaluate your monthly balance by
subtracting monthly expenses from your monthly income.
This will tell you how much money you have at the
end of the month so that you can start paying off
your debts. Do not forget to keep some money aside
for unexpected expenses. As your debt goes down,
you will see a fall in your interest charges.

Step 5 – Refuse to take on any kind of new debt.
As you already in are in debt, adding
on a new debt will increase your debt and
will hinder your progress towards being debt free.
You must decide once and for all that you will
not add any new debt and stick to it!

Step 6 – If you are not able to manage your debts on
your own then you can opt for professional credit
counseling. You will be guided by financial experts
who will help you in taking a step nearer to a
debt free life. There are options you can take such
as taking out and IVA or even opting for Bancrupcy.
Recently there are companies who offer to write off
your credit cards legally.

The Guardian, Saturday 28 January 2006
Article history by Rupert Jones

A “vulnerable” man earning £150 a week managed to rack up debts of more than £100,000 across nine personal loans in what his brother claims is the latest example of irresponsible bank lending.

The 50-year-old warehouseman has a poor understanding of financial matters and had no hope of ever repaying the loans, according to his older brother, Colin Griffiths.

Following Colin’s intervention, and the involvement of Guardian Money, all five lenders have now decided to write off the loans. One of them, Sainsbury’s Bank, says the loan application should not have been approved and steps have been taken to ensure this does not happen again. But others, such as Barclays Bank, say they lent the money based on inaccurate information provided by Douglas Griffiths about his income and outgoings.

The case coincides with a new study highlighting serious failures in banks’ lending practices. uSwitch.com, the online and phone-based comparison service that helps customers find a better deal, claims almost nine out of 10 credit card borrowers were issued cards without the lender checking that they could afford to repay the debt.

Late last summer, Colin discovered that Douglas, who lives in north London, had taken out a string of unsecured loans that he could not afford to repay. In all, he had borrowed around £70,000 between July 2002 and May 2005, saying that he needed the money for home improvements. This total is made up of:

· At least two loans – £7,000 and £15,000 – from Barclaycard. It appears the £15,000 loan was taken out to repay the £7,000 one, plus provide extra cash. Monthly repayment: £407.56.

· Two loans – £25,000 and £500 – from Barclays Bank. Monthly repayment (on the £25,000 loan): £481.48.

· Two loans – £7,000 and £12,000 – from Halifax. It appears the £12,000 loan was taken out to repay the £7,000 one, plus provide extra cash. Monthly repayment: £221.66.

· £7,500 from Sainsbury’s Bank. Monthly repayment: £191.81.

· £5,000 from Liverpool Victoria. Monthly repayment: £117.97.

· £5,000 from Tesco Personal Finance. Monthly repayment: £74.92.

With many of the lenders selling him payment protection insurance too, the total debt soared well over £100,000.

However, as many of the lenders pointed out, Douglas did not help his case by telling them he earned £400 a week. In fact, his take-home pay was £125 a week at the time and is now £150-£160.

Colin acknowledges his brother is at fault but says he is the victim of irresponsible lending because he was a vulnerable man who did not understand the implications. Furthermore, he says the lenders failed to verify his brother’s affairs to properly assess whether he was able to meet the repayments.

Colin is particularly critical of Barclays because Douglas has his current account with the bank, and therefore it would have been easy to see he could not afford more than £800 a month in loan repayments to the Barclays group.

“My older brother and I have done our best to look after him. It should be the institutions’ responsibility to protect people like Douglas as well, and they haven’t,” says Colin, 62, who lives near Milton Keynes. On being told that the lenders had agreed to wipe the debts, his reaction was: “What a relief!”

Douglas Griffiths says he accepts he lacks knowledge when it comes to financial matters and has found the whole experience distressing.

After Colin took up cudgels on behalf of his brother, and then Guardian Money got involved, things started to move fairly quickly. Sainsbury’s Bank – in a letter signed by Justin King, the boss of the supermarket group – moved swiftly to rectify the matter. It said the loan application was “processed incorrectly and therefore should not have been approved”, and added that the loan had been cancelled and wiped from Douglas’s credit file.

Tesco Personal Finance says it has written off the outstanding balance, adding that, as a responsible lender, “we take the circumstances of Mr Griffiths’ case very seriously”.

Liverpool Victoria says it has also decided to write off the debt on a goodwill basis, though adds: “Our staff followed absolutely the correct procedures.” It says it had no reason to ask for written proof of income because credit searches did not turn up anything untoward, and that it acted responsibly because it declined a request by Douglas to top up his £5,000 loan.

Meanwhile, the Halifax says it suspended the loan some weeks ago, which means no interest is accruing, and adds: “We will write this amount off.”

Barclays says it is committed to responsible lending, but this is dependent on the customer providing accurate information. “Having reviewed the sales of the loans to Mr Griffiths, Barclays found that Mr Griffiths overstated his income, underestimated his expenditure and understated the level of his existing debts. Had we been in full possession of the true facts, this would no doubt have affected our decision to lend,” says a spokesman.

He adds that Mr Griffiths appeared “confident and self-assured” during the application process, but says: “We are taking steps to write off the debts.”

Store Cards are treated much the same as credit cards and all of the same principles apply. They are a credit card issued on behalf of a store and usually administered by a major credit card lender or bank.

Once you have your agreement checked and it is found to be in breach of the 1974 Consumer Credit Act you can claim to have the balance written off.

It is the finance company’s responsibility to you, the consumer, to ensure that all aspects, all terms and each section of the agreement fulfilled the required terms and conditions of the 1974 Consumer Credit Act. If they failed in this duty to you then your car finance agreement may be unenforceable. When a motor finance claim is successful you will receive a cheque for the full amount of compensation awarded. Compensation is due to potential contract irregularities within any past or present motor finance agreements.

When you signed your car finance agreement it was the lender, not you, who produced the contract that was to be used. In most circumstances you would have had no choice over the terms within the agreement.

If you have a car with an outstanding finance agreement you may be able to claim to have the remaining balance written off. If a car finance agreement is unenforceable the lender may be forced to write off the debt with the possibility of you keeping the car. When you arrange car finance the agreement, contract and/or terms and conditions relating to the finance need to comply with all the relevant rules, laws and regulations. Even if you have ‘paid off’ your car finance in full, you may still be able to claim compensation.

Whether it’s to spread the cost of an expensive purchase over several months, treat ourselves or to gain points towards a reward item, UK consumers are using credit cards more than ever – and owing close to £180 billion as a result. The balance has historically been heavily weighted in favour of the lenders who have been allowed to increase interest rates at will, charge any amount of fees they choose and increase credit limits without having us sign new agreements. A recent report by the Citizens Advice Bureau ‘Daylight Robbery’ looks at the extent of the problem of ‘extortionate credit’ and has as one of its conclusions:-

“This report argues that the existing legislation on extortionate credit is neither effective nor accessible to consumers. The current ‘test’ that determines whether a credit agreement is extortionate is heavily weighted in favour of lenders. Moreover, the test can only be invoked if a borrower is prepared to risk heavy legal costs in taking the initiative and making an application to the court.” This is no longer the case! You don’t have to risk heavy legal costs in taking the initiative. Its no-win-no-fee! And you certainly won’t have to go to court. Most lenders do not go to court and even if they do your solicitor will attend for you. If your credit card was taken out before 7Th April 2007 it is regulated by the Consumer Credit Act of 1974. This law requires ‘proper execution’ of the finance agreement you signed. It is not properly executed if it does not contain all the prescribed terms and conform to the regulations made under section 60 (1) of the act. It is in breach of the act. There is a long list of prescribed terms and regulations which credit finance agreement must adhere to – see below. Crucially you must have signed a document containing ALL the prescribed terms as described in the 1974 Act. If not your finance agreement is not enforceable without an order of the court and section 127 (3) requires the court to dismiss the application for the enforcement order. It may be considered ‘irredeemably unenforceable’. The Act was so complex and difficult that many lenders were caught out by its detail or simply chose to ignore the requirements of the law.

The Process

1.You need the account number of the cards you are claiming for. If doesn’t matter if you don’t have the agreement as your claims manager will request this from your lender.

2. Sign a request called a Section 77/78 which gives authority for your claims manager to request the information your lender holds on the account together with your original credit finance agreement.

3. Write a cheque for £10 payable to your lender so that your claims manager can request your credit finance agreement and account file.

4. NOW YOU WAIT! Your lender, under the Data Protection Act has 16 days to comply then is given a seven day warning – then another 28 day warning. In total 51 days! So be patient. At this point some lenders employ ‘dirty tricks’ in an attempt to delay matters. It is important to keep a record of the time scales involved and it may be quicker if YOU also request a copy of the agreement you signed. Keep checking with your claims manager to see if the information they need from your lender has been supplied.

5. When the lender sends back your account details claims manager will then be in a position to ‘audit’ the agreement. Some claims managers use ‘in house’ solicitors belonging to the company; some use a ‘panel’ solicitor who works for several claims companies and some use ‘auditors’ trained in assessing finance agreements. The audit of a credit finance agreement is straightforward. It is checked against a list of prescribed terms and regulations and scores as a ‘breach’ or ‘compliance’. You must have signed an agreement showing for example;-the annual simple and compound interest rates for purchases, balance transfers and cash advances together with the APR. It is not acceptable for these to have been supplied in a separate document. Your audit should show exactly why your agreement is non compliant.

6. If your agreement is unenforceable it will be allocated to a solicitor who will be responsible for your case. If you wish to keep a clean credit history it is best to continue making payments as although the agreement is unenforceable and therefore you cannot be required to make anymore payments, lenders put default marks on your file anyway. Some claims management companies claim to have any adverse credit marks removed and some do not. This is a grey area at the moment and it is important to discuss it with your solicitor first. If you want to keep your credit file clean keep on making your monthly repayments. Although you will possibly not get these back.

7. You sign a ‘conditional fee agreement’ with the solicitor who lodges a breach of the 1974 consumer credit act with your lender and prepares the case for court. You will not pay any costs than the intial fees.

8. It is unlikely that the lender will go to court. You may be made offers of ‘substantial reductions’ such as 60% off your balance. You must inform your solicitor of any correspondence with the lender and take advice. If you do accept an offer without consulting your solicitor and taking his or her advice you will become eligible to pay your solicitors fees. This is because the solicitors’ costs are funded by claiming against your credit card lender. If you receive an offer of a reduction in the balance rest assured it is a matter of time until the lender writes of your debt!

For starters, it is the devious nature of most credit agreements that come to the rescue of unassuming customers, just like you and I. If you carefully peruse your credit contracts you will notice the mention of what is termed the Consumer Credit Act, which first came into effect in 1974 and was thereafter updated in 2006. This law provides regulations that define and lending policies including credit cards as well as personal and even unsecured loan, in an effort to make lending a mutually reasonable arrangement. This Act sets forward certain testing criteria to assess the credit agreement with regard to interest rates and redemption penalty clauses. Making the credit agreement open for scrutiny has brought to light that most such contracts do not follow the regulations set forth by the Act thus deeming them potentially unenforceable.

So is your credit agreement really unenforceable? While this sounds bizarre, it is essentially true. In fact, most credit agreements signed in the United Kingdom before April 2007 may not really conform to the Act and are therefore unenforceable. In fact, there are changes in the nature of the law which are responsible for making those agreements that have not been modified to take into account the newer policies unenforceable, and this is not merely a loophole.

It thus brings us back to the original question. Are there credit agreements that can be proved to be unenforceable? Yes! That is indeed accurate, factual and very feasible and could apply whether you have debt via unsecured loans or credit cards, or even PPI insurance which can be reclaimed as most were mis-sold to customers who often didn’t need them or we never eligible to claim in the first place!

There are companies who undertake this procedure on your behalf, and may ascertain if your agreement falls under the unenforceable category by submitting your agreement details via the Internet. This may then proceed to an investigation phase where reports are submitted based on an audit with your credit company. An initial fee for each credit agreement may be charged, depending on the levels of service required. If your credit agreement is proved to be unenforceable, a lengthy legal procedure is initiated, which may be over a period of months and then your debt can be disregarded completely. In the end, by establishing that your credit agreement is in fact unenforceable you can claim a debt write off and be free of your credit debt forever!