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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have been in dispute with a credit card company for 6 years

Resolved Question:

I have been in dispute with a credit card company for 6 years over the prescribed terms and have challenged them to prove that their contract is enforceable. There have been many debt recovery agents in this time trying different tactics, but I have now received a claim form from the Northampton County Court. Can still challenge them to prove that their contract is enforceable?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

On what basis do you contend that the contract is not enforceable?

Please note that the onus is on you to prove that it is not enforceable and not for them to prove that it is.
Customer: replied 2 years ago.

When I looked at this with another solicitor many years ago, he mentioned that they had not incorporated the prescribed terms in their original agreement and therefore there was a breach. Do you want to see this agreement?

Expert:  Jo C. replied 2 years ago.

Thanks.

Its clear that this isn't really my area so I will opt out for others.
Customer: replied 2 years ago.

OK so are you going to refer this to someone else?


 


Thanks


 


Tim

Expert:  Nicola-mod replied 2 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.

Yes but I would like an answer by tomorrow.


 


Thanks


 


Tim

Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Ash replied 2 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

When did you make the last payment or acknowledge the debt please?

Customer: replied 2 years ago.

Dear Alex, the last time I paid anything to the company which was Northern Rock was May 2008.


 

Expert:  Ash replied 2 years ago.
Sadly they are in time.

The basis of your defence is that it does not have the prescribed terms, is that right?

Otherwise do you accept you had the loan?

Customer: replied 2 years ago.

Yes my position has always been that they did not have the prescribed terms and yes I did have the loan.

Expert:  Ash replied 2 years ago.
How much is it for please?

Customer: replied 2 years ago.

The claim is for £1,289.97 to include court costs

Expert:  Ash replied 2 years ago.
So it's a small claim?

I would consider paying it. I know what the consumer credit act says, now amended of course.

However case law is against you. There was a case of McGuffick v RBS and also a later case on this point. It basically says that the prescribed terms don't have to be on the document.

I know this is not the answer you want and certainly not the one I want to to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Alex

Customer: replied 2 years ago.

OK thanks. So if it was for say £10,000 would that make a difference?


 


 

Expert:  Ash replied 2 years ago.
Yes because if you lost it may be a fast track matter and you would be liable for their costs which would be about £7500.

Under £10,000 is a small claim. You can delay it, but you are likely to lose sadly.

Alex

Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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