Unenforceable Credit Card Agreements - Right to Reimbursement

[thedirtyhound]

Hi there

I have read with interest a number of cases where expert subscribers to these pages have defeated legal claims brought against their clients by credit card companies due to deficiencies in the agreement signed by the customer.

My question is this;

If a court rules an agreement to be unenforceable, does the defendant then have a right to go back and reclaim all the money paid to the lender in interest charges?

Has anyone ever brought a case like this?

Best regards,

TDH

[Debt Camel]

Re: Unenforceable Credit Card Agreements - Right to Reimbursement

No.

The debt still legally exists even if it is unenforceable.

[Amethyst]

Re: Unenforceable Credit Card Agreements - Right to Reimbursement

Think the best people to ask on this are [MENTION=551]pt2537[/MENTION] [MENTION=7765]Joanna C[/MENTION];

Wilson v First Country Trust is the obvious one, I think there was also one where refund of monies paid under the agreement was made ... Jones v Link maybe? not specifically interest - although in my thoughts interest wasn't able to be charged if the agreement is improperly executed so should be refunded - but I have been told before that's not how it works - so see what the experts say xx