Borrower wins court reprieve over £13,000 debt due to ‘illegible documents’ – Telegra

[Legal Beagles]

When Harry Moore was taken to court over spiralling credit card debts, he faced losing both his home and business. Mr Moore, 43, had built up a balance of more than £13,000 on an MBNA credit card, and had failed to meet repayments. His debts were passed from MBNA to a debt recovery agency, Hillesden […]

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[Amethyst]

Re: Borrower wins court reprieve over £13,000 debt due to ‘illegible documents’ – Tel

How common are hard-to-read documents?



Mr Moore said that he found from a quick search online that he was not alone. “There are a lot of people being pressured into making unrealistic repayments and not being given the correct information,” he said.
Online research led him to Mr Tilley, who specialises in consumer protection law. He explained that illegible documentation was a problem across the credit industry. “The original credit agreement came from MBNA and was wholly unreadable, evidenced by the repeated, albeit failed, attempts to rewrite it.


"How difficult can it be in the twenty-first century for documents to written clearly for consumers, as opposed to the illegible text presented to the court?” he said.


Debt charity StepChange said that hard-to-read documents were another example of underhand tactics by creditors. A spokesman said: "Crucial words and phrases are on occasion made deliberately difficult to read.
"We have seen examples of people who do have their agreements, ask for copies from their creditors and then see numerous discrepancies, sometimes adding significant levels of interest."



Borrowers: How do I know what my rights are?



Consumers should not be puzzled by illegible documents – whether it is because the type is impossible to read, or because it is full of legal jargon.


Lenders are obliged to provide you a true copy of their agreement that is easy to read.


Mr Moore’s case was thrown out because the debt agency failed to provide legible documents. He should have been sent a readable copy of the agreement, as required by section 78 of the Consumer Credit Act (1974). The debt still stands.


This must contain all the terms and conditions from your original agreement, information about any changes made to the agreement, your name and address at the time that you took out the agreement, and the rate of interest.


Rachel Springall, a lending expert from moneyfacts.co.uk, said: “You don’t have to sift through all of the jargon. You can ring your creditor any time if you have and queries, and they are legally required to speak to you to make sure that you understand any agreement you have."

[PAWS]

Re: Borrower wins court reprieve over £13,000 debt due to ‘illegible documents’ – Tel

Ah, is this the same as this thread?
Hillesden Securities v Harry Moore (June 2014) | Consumer Credit Litigation, Bank

This was an absolute shocker. The way the Judge treated Mr.Moore was appalling. Most people would have to defend themselves and if it were not for His brilliant legal team the Judge would have found for the claimant.
It just confirms my thoughts that debtors do not get a fair trial.

[enaid]

Re: Borrower wins court reprieve over £13,000 debt due to ‘illegible documents’ – Tel

Rachel Springall, a lending expert from moneyfacts.co.uk, said: “You don’t have to sift through all of the jargon. You can ring your creditor any time if you have and queries, and they are legally required to speak to you to make sure that you understand any agreement you have."

You 'avin a larf mrs lol
I think most of us know that staff in financial institutions don't know what day it is, what the rules are, never mind what they are legally required to do.

[PAWS]

Re: Borrower wins court reprieve over £13,000 debt due to ‘illegible documents’ – Tel

Oh enaid; that is a cracker.msl:msl:msl: