Dispute Resolution

1st December 2009
Dispute Resolution image

Credit Rating Threat not to be Feared

Recently the Court held in the case of McGuffick –v- The Royal Bank of Scotland that the Royal Bank of Scotland was entitled to refer the customer to credit referencing agencies when the customer stopped payments whilst seeking a copy of his Credit Agreement.  In essence the Court held that it was still “fair” for consumers to receive “black marks” on their credit ratings if they do not maintain regular payments until the debt under the agreement has either been successfully written off or the Court has ruled that it is irredeemably unenforceable.

Daven Naghen commented on the case that “If you still wish to obtain a copy of your Credit Agreement, and challenge whether or not it is in accordance with the requirements of the Consumer Credit Act then you can continue to do so.  It simply means that in most cases that the consumer should continue to make the minimum payments required under the Agreement pending any agreement or ruling to the effect that the Agreement is unenforceable.

The decision of the Court is so far limited.  It does nothing to suggest that the Court might not be intervene in order to prevent the lender referring customers to credit referencing agencies e.g., when this threat is arguably being used coercively, or if such threat were to follow a finding by a Court that a Credit Agreement is irredeemably unenforceable.”

If you have a Credit Card, or have entered into a Loan Agreement then please feel free to contact Daven Naghen who can advise you as to whether or not it is likely that the Agreement is enforceable.

If it is not enforceable, then all remaining sums due under the Credit Card or the Loan Agreement may be written off.


Cancer Research UK Free Will Service image

Cancer Research UK Free Will Service

Maples Solicitors are pleased and proud to announce that it is working in partnership with Cancer Research UK to offer their Free Will Service for the over 55’s.

The vast majority of people have been affected in some way by cancer and we wish to support Cancer Research UK in its life saving work by offering their Free Will Service.

Over a third of Cancer Research UK’s research is funded by gifts in Wills and we believe we can play a vital role in helping in the fight against cancer. Writing your will for free using the scheme could help beat cancer sooner.

Please contact a member of our Wills and Probate Department:-
Jamie Dobbs- jamie.dobbs@maplessolicitors.com
Jane Mawer- jane.mawer@maplessolicitors.com
Faye Blair- faye.blair@maplessolcitors.com

Or telephone the office 01775 722261 and ask to speak with one of the team

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Testimonials

Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

James Turner BA

James Turner was extremely helpful with our buying process. Everything went smoothly. We are very happy with the level of professionalism demonstrated by the office. Highly recommended solicitors. Will definitely do business with them again.

Daven Naghen LLB

"Daven provided an excellent service, from attending the first interview with me to the final court appearance. He filled me full of confidence that he would defend me to which he did and come out with an excellent outcome in view of my position that I had put myself in."

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs ACILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

Mike Pepper gave us excellent advice. He was always most helpful and accommodating giving lucid explanations every step of the way. Thank you Mike.

Donna Sandison FCILEx

Donna has been helpful and professional every step of the way during the process. Always on hand to answer any queries and totally professional and friendly at all times.