Advice Please - Bank does not have the original credit agreement

Maio

Hi

I recently requested the original credit agreement for 2 of my debts, one was recently taken from my credit file as the 6 years had passed and the other was never recorded on my file. I did receive a response and was informed that the agreement is no longer available and although they can't take any legal action to enforce the loan, they said the debt still exists and they are entitled to carry out any actions that do not amount to enforcing the agreement including demanding payment, issuing a default notice.

I am confused as the debt is unenforceable, so how can they be allowed to issue a default etc.

The other debt is with Lloyds TSB and the default was removed from my credit file (the 6 years has passed). Can they continue to enforce this without an agreement and can a default be issued twice for the same debt?

Any advice would be much appreciated as well as template letter suggestions.

Thanks in advance.

fermi

There was a case in the High Court a while back where it was ruled that issuing a default did not count as "enforcement" under the Consumer Credit Act(s). McGuffick? I think?

So while that judgement stands, a creditor is entitled to issue a default and ask for payment.

However, they can't record a default on your credit files twice, so the one that has dropped off should never come back. If it should, you could take action against Lloyds on data protection/accuracy grounds.

With the one that was never recorded, arguably under data protection rules from the Information Commissioner it would now too late to record anything fresh on that. To do so would be unfair and inaccurate. Although that one is subject to some interpretation.