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Default No CCA

Hi,

Just a quick question on behalf of a friend.

Can a company add a default to your credit report while in dispute?

If not can they still add it without having an, and agreeing that they don't have a CCA?

Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    Yes. Even without a CCA creditors are allowed to continue to report to the credit reference agencies and to register a default (decided by court cases).

    They shouldn't issues a default whilst a debt is reasonably in dispute (as long as the dispute isn't that there is no CCA).
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/unenforceable-credit-agreements
    If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor:
    • cannot:
      - make the debtor pay the debt before they're supposed to
      - get a court judgment against the debtor
      - take back anything hired or bought on credit, or take anything used as security in the agreement.
    • can:
      - ask debtors to pay what they owe
      - send a default notice
      - pass information on to a credit reference agency
      - pass information on to a debt collector
      - sell the debt to someone else
      - take the case to court.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    What is the dispute?
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
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