How to Cancel Debt Legally - How It Works

How the Process Works

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Our alternative approach to helping clients become debt free is to challenge the legality of your debts for enforceability. We will utilise our knowledge of the law to review your consumer credit agreements to highlight any breaches, then we will enter into negotiations to get a reduced figure or even remove the debts completely!

Please click below to see if you qualify for our debt cancellation service.

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Assuming you qualify for debt cancellation, our process for challenging credit agreements is as follows:

  • Ascertain your liability and the creditors' legal right to enforce debts. Once you have signed a Letter of Authority granting us permission to act on your behalf, we will request all relevant documentation relating to the account by submitting Section 77-79 requests. A creditor has 12 days plus 2 days service to comply and then potentially a further 28 days after the initial request to supply documentation - including the Consumer Credit Agreement (CCA) that you originally signed. Consumer credit in the UK is regulated by the Consumer Credit Act 1974 (amended in 2006), the Financial Services and Markets Act 2000 and various regulations implementing European Union consumer credit law.
  • The Consumer Credit Agreement (CCA) becomes legally unenforceable if the creditor is unable to satisfy the Section 77-79 requests. If a creditor cannot comply with the Section 77-79 requests, the debt becomes unenforceable until they comply. At this point we will request that your files are closed and that the debt is written off in full.
  • We run the CCA through our legal checker system. If the CCA is provided, we will run this through our legal checker system and an initial report will indicate whether or not the credit agreement was properly executed. Following the initial report, if major prescribed term breaches are evident a maxi report is produced and this will break down all of the breaches embodied within the CCA.
  • We will send a Letter of Claim to creditors. The Letter of Claim to creditors includes our recommendations which will be either be a request to close the file and a complete write off of the debt or we will seeek to negotiate a lower settlement figure based on the evidence produced.

In cases where the agreement was signed before 6 April 2007, the creditor can apply to a court for an enforcement order. However, there are certain circumstances in which the court does not have power or jurisdiction to enforce the agreement. It therefore remains unenforceable and the creditor is unable to recover any money, in legal proceedings, from you the borrower.

For agreements made on or after 6 April 2007, the court now has discretion under the Consumer Credit Act 2006 to enforce an agreement which does not comply with the Act's requirements.  The court must consider the prejudice that would be suffered by the you the borrower if it were decided to enforce the agreement, against the prejudice that would be suffered by the creditor if the court decided against enforcing it.

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For proof that this process works and to see some anonymised client letters, please review this page.