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The Wisdom Of Writing Off Debt With An Unenforceable Credit Agreement?

By Jasen Jackiw


Writing off debt with an unenforceable credit agreement is possible because many loan documents do not comply with the provisions of the Consumer Credit Act of 1994. An agreement that is not properly drafted can be declared invalid - which means that you will not have to repay the amount of the loan.

There are many online sites that encourage you to contact them if you feel that you have been unfairly treated by a lender. There are several things which a lender must include in a written contract and also some things which should not be done. A debt service can, with your authorization, check an agreement to make sure it does not violate the law.

To be binding, a credit agreement must meet certain criteria. It must clearly set forth the terms of repayment, including the interest rate (unless it is a variable rate loan.) It must be signed. It must set a 'fair' interest, one that is not out of line with current business practices. It needs to have a 'cooling off period', which allows you as borrower to change your mind within a prescribed period and back out of the agreement. It must not require PPI (payment protection insurance) in order to get the loan.

This means that you might be freed of all or part of the debt. Since an illegal debt is treated as if it never existed, there will be no negative impact on your credit score. If the loan has been negatively affecting your credit, writing off the debt might even cause an improvement in your rating.

If there are illegal charges or requirements in your loan document, the company will agree to represent you for a fee. The initial consultation is generally offered for free, so you can ask questions and gain an understanding of what is involved before you commit. The time frame is usually from three to nine months to get a release, and it is a good idea to check the track record of any company for timely performance. You should continue to make regular payments until the dispute is settled, to protect your credit rating.

You do not have to worry about hurting your credit score when ceasing to pay this debt, as long as you have gotten a favorable judgment in your case. An unenforceable debt is treated as if it never happened, so your credit score may even go up after the debt is removed from your history. It is important to keep paying the debt until a legal decision has been reached, however.

You should check the credentials and the track record of any debt company you deal with very carefully and make sure you understand the procedure; the consultation can answer many questions but make sure you get the facts in written form as well. You will have to give an agent a letter of authorization so that the lender will release a copy of the agreement, so you will want to be sure the company you work with is reliable. Since you will continue to pay the loan until it is declared invalid, you want a company that proceeds with speed and efficiency.

Writing off debt with an unenforceable credit agreement is definitely possible and legal, so if you are burdened by what you consider an unlawful debt, find a company that can help you get relief.




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