Unenforceable credit agreement

exel1966

spa_doctor wrote: »

I used a company in Sale, Manchester called Red Star Financial Management.

The cost was £399 per case ( i had 2)

the lender could not provide an agreement within the time scale (they never bothered to even reply) this was asked for twice, then was judged at court.

I asked ;-

How about providing a few more details on how it was deemed unenforceable ? On what basis was the judgement made and in which court ?

SnowTiger

spa_doctor wrote: »

the lender could not provide an agreement within the time scale (they never bothered to even reply) this was asked for twice, then was judged at court.

So this is a default judgement? Basically, the other side didn't enter a defence?

spa_doctor

exel1966 wrote: »

I asked ;-

How about providing a few more details on how it was deemed unenforceable ? On what basis was the judgement made and in which court ?

The lender couldn't/wouldn't provide a copy or the original signed agreement, so to court deems there was never an agreement so they couldn't lend, if they couldn't lend, there is no debt.....

i think it was judged in manchester court but would have to check..

brightonman123

is there an option to request the lender remove details from your listing?

or do a 'notice of correction', request direct to the credit agency?

spa_doctor

brightonman123 wrote: »

is there an option to request the lender remove details from your listing?

or do a 'notice of correction', request direct to the credit agency?

I have no idea, this is new to me, does anyone know how to go about this?

ILW

Have you got a copy of the court papers with the full judgement?

spa_doctor

ILW wrote: »

Have you got a copy of the court papers with the full judgement?

I will have them tomorrow, they are in the post to me as we speak.

PARIS_5000

spa_doctor wrote: »

Hi all,

I have now had one of my credit cards deemed by the court as unenforceable, great i though! :j

only, where does this now leave me?
the Debt is still there and owing, only the lender can't take me to court now, big cheese, i can still get a bad credit reference as non payment will go down on my record and late or non payment....

what's my next step?
i see many people are asking is it a scam etc, the company i used managed to get one of my cards through (Alliance and Leicester MBNA) but not another (MINT)

can anyone help, has anyone got an unenforceable card they are not now paying???

The default will stay on your credit file for six years there is nothing that you can do about that but least they cannot take you to court and get a CCJ or make you bankrupt.

brightonman123

spa doc- when log ged onto creditexpert (i am not employed by them, or on commish, btw!), click on help, and type 'notice of correction' in the query box, then follow prompts. basically adds a reason / explaination to any debt entry..

NB- it needs to be true!

king100

spa_doctor wrote: »

I used a company in Sale, Manchester called Red Star Financial Management.

The cost was £399 per case ( i had 2)

the lender could not provide an agreement within the time scale (they never bothered to even reply) this was asked for twice, then was judged at court.

I would have charged you half that to write 4 letters.

2 to SAR them, 2 more to tell them to stick it.

Doesnt need to go anywhere need court unless they took to you to court. Your defence would be sent back that they dont have a valid agreement. End Of.

You wouldent get near a court.