Month: November 2018

Credit card debt loopholes, do they really exist?

This article is based on my experience of the credit industry in the UK. It may or may not be relevant to those living outside the UK that should make entertaining reading all the same.

There is much talk of loopholes in the Consumer Credit Act which allegedly allows a person to get out of paying their credit card debt without paying. Many companies have sprung up offering, for a fee, to analyse your credit card agreements and where appropriate applied to have your debt quashed.

Since many of these companies charge upfront fee it makes no difference to them whether or not they are successful. The question is, is it true that a person can get out of debt without paying?

The answer is yes.

I write from personal experience, a long time ago prior to the Internet revolution huge, well-known finance companies, made a very risky decision in that they chose not to comply with the specific terms of the consumer credit act. They did this because they thought the legal jargon that was required to be added to for example, a credit card application form, would scare people off.

What they didn’t realise was, with the advent of the Internet, the sharing of knowledge, would bring about a revolution. Today thousands of people are successfully challenging the legality of their credit card and other unsecured debt agreements.

This is because many of the agreements and lack essential legal terms and the consumer credit act specifically states that no judge is allowed to find in favour of the creditor should the case come to court.

If you have ever received a small slip of paper tucked into your newspaper telling you to sign here for a credit card or loan, you will know the type of inadmissible consumer credit agreement I am talking about.

The reason consumer credit agreements need to contain specific information is because they are an important legally binding document and the person signing it needs to be made aware of their contractual obligations.

I personally was in debt by more than 50,000 and by sending a series of letters and challenging debt collectors, solicitors, finance and credit card companies I was able to bring about a situation whereby for almost 2 years now I’ve not made a single payment not received a single letter, no court summons, no solicitors letters, no contact from debt collectors and no phone calls. The method used is completely legal and it is also possible to maintain a clean credit record in many cases.

The laws I called upon included the Consumer Credit Act the Protection from Harassment Act, the Fraud Act and the Limitations Act amongst others.

I can assure you that it is entirely possible to get out of debt without paying in a huge number of cases, especially if you’re agreements dated prior to 2007.

For more information on this subject search any major search engine for the term credit card debt loopholes

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As we wave goodbye to 2005 and charge into 2006, it is time to get your house in order. This is particularly true for the legal issues in your life.

Legal Planning

As drab as it may seem, legal planning can help you avoid disasters in your life. With the turn of the calendar, now is the time to give your life and business some thought.

On the family front, you should be thinking about changes you experienced in 2005 and if any of them require you to take some steps. If you got married, you need to jump through a few loopholes related to changing names, addresses with relevant companies and so on. If you had a new family addition, have you give consideration to updating your will or family trust? On a less enjoyable subject, are there any steps you need to make with parents who are growing older. Elder abuse, particularly financially, can be a problem and you may want to provide assistance to elder parents so they aren’t taken advantage of.

On the business front, now is the time to take a step back and reflect upon how things are going. Did you meet your goals in 2005? If you didn’t, how do you plan to make 2006 a better year? In making this determination, you need to be honest with yourself and make sure you evaluate your week points. From a legal perspective, are all of your relevant business documents up to date? Have annual minutes been filed for your corporation or LLC?

A particular area where businesses fail to follow up are changes in contracts. When entering a contract, both parties tend to see great success in the future. Inevitably, they discover the agreement needs to be tweaked to allow for circumstances and so on. When this occurs, the parties will often reach an oral agreement or just shake hands on it. Such agreements are not binding on the parties. If a dispute occurs, the business relationship will be evaluated using the original agreement. That can lead to a nightmare of circumstances. If you’ve tweaked an agreement with another party, now is the time to get such an amendment in writing!

April 15th sounds a long way off, but it will come faster than you can imagine. Yep, I’m talking about taxes. Do you feel you pay too much in taxes? Of course you do. This is a god given right of every American. Well, now is the time to do something about it. You should contact your CPA and do some tax planning for 2006. Saving taxes often comes down to how you collect revenues and distribute them. Slight changes can save you tens of thousands of dollars, but you must implement them early in the calendar year.

As the calendar flipped to 2006, you undoubtedly made a resolution to do something. Getting your legal house in order probably wasn’t what you had in mind, but it is something you should do!

Richard A. Chapo is a San Diego business lawyer with San Diego Business Law Firm providing legal services and legal advice for businesses. Visit SanDiegoBusinessLawFirm.com to read business law articles.