Some organisations claim to be able to write off your credit card debt for you. Be careful - these claims are misleading and could cost you even more money.
Beware of any firms claiming to be able to write off your credit card debt by using a legal loophole, and be particularly wary of anyone asking for upfront fees to do the job.
The Office of Fair Trading (OFT) is warning people against cold-callers, claiming to be able to use certain sections of the Consumer Credit Act 1974 to write off debts. The OFT warns that these claims are misleading.
Unenforceable debt
Under the Consumer Credit Act, there are situations in which a debt becomes ‘unenforceable’. Don’t be confused by this - if a debt is considered unenforceable this does not mean it has been written off.
Under the Act, if a creditor has made an error on your credit agreement, the debt becomes unenforceable until the error is corrected. The Act also gives consumers the right to request a copy of their credit agreement and, while they are waiting for this information, the debt is also considered unenforceable.
What does this mean?
If your debt is unenforceable, this means that your creditors cannot take out a court judgement against you, or demand back items on credit or hire purchase whilst you are waiting for the correct paperwork from them.
It does not mean that your debts are written off. You will still owe any money outstanding to your creditors and charges and interest could still be added to your debt whilst you are waiting for the information you have requested or for errors to be corrected. What’s more, once your creditor has provided you with the paperwork requested, your debt becomes enforceable again. For more information on this, visit the Office of Fair Trading’s website.
Impartial credit card debt advice
If you are worried about your credit card debt, we recommend that you get in touch with us straight away. We will look at your circumstances and work out the best debt solution for your situation.
We are the UK's number one debt help charity and you can rest assured that any debt advice we give is both professional and impartial. What's more, our services are absolutely free.
Our online debt counselling service, CCCS Debt Remedy, has helped many people get out of debt, and it can help you.