CCA card before april 2007

Eydon

It will all depend on what happens to your credit file, and opinion on here seems to be divided.

Some seem to think that the debt will remain on your credit file and show as unpaid. If that is the case then you'll have diddly squat chance of getting any further credit for six years.

Others seems to think that there will be no adverse effect on your credit file, in which case you should be ok.

As I said, personally I don't know.

mwaheed

yeah its a tricky one. I read an opnion that credit card companies are wiser to the acts now so they wont mind giving credit again.
Also if the settlement has been cleared by the credit card company then how could they show this as a debt on my credit report ? if its agreed its unenforceble is it then also agreed that its settled ?

Eydon

I don't think it would show as settled because it hasn't be paid.

It will either stay on there as unpaid, or it would have to be removed entirely I would think.

duggie1982

Eydon wrote: »

Put yourself in a lenders position. Would you lend to someone who had just got £17000 worth of debt declared as unenforceable on a technicality?

Well just like all financial companies eg. Insurance, they always try and get out of paying on a 'technicality' So why not us doing it to them for a change.

Power to the people :rotfl:

Eydon

I'm not saying whether you should or shouldn't try and get debt made unenforceable.

However, if you do, then a future lender may think twice about lending to you, if they can see evidence of non-payment on your credit file.

mwaheed

The thing is the second letter that I send stating that they havent provided me with credit agreement and that the debt is now unenforceble also states that therefore the debt should be settled.
In which case on a credit report it would show as settled? I dont know if they can add notes or comments etc stating how or anything about a technicality ?

duggie1982

Read the part in red

Non response follow up letter:

Dear Sir/Madam

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On the DATE I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

On DATE a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents. These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of the DATE I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore; You are aware that the Consumer Credit Act allows 12 working days for a requestto be carried out before you enter into a default situation.

This limit has expired. As you are no doubt aware section 77(4) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any CRA's.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 21 days I expect that this means you agree to
Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I will be reporting your actions to any such regulatory authorities as I see fit.

mwaheed

nice one duggie thanks !:beer:

duggie1982

I have never tried this myself but apparently it works as they have no leg to stand on.

CM66

Can I just ask why you think the debt should be written off? I'm not a troll before anyone accuses me it just seems that there are so many people on here now trying to get their debt cleared for no good reason.

If you borrowed the money, why should you not have to pay it back?