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happy_bunny_2

These things take time

rizla_king

happy_bunny wrote: »

Moorgate may not have it. They sent mine for an Egg loan within a week . They have no interest in responding to you as you are paying and they know they can default you if you stop.

Not necessarily. https://www.google.co.uk/#q=grace+blackhorse+default+appeal

glentoran99

So FOS replied and confirmed its unenforceable although payable,

So contacted moorgate confirmed they cant supply it, and they said the same "we cant take you to court but we can still chase you" Said thats fine you can chase all you want ill just ignore it, but ill make you an offer, so made them a F&F offer waiting on a response,

they said if accepted it will be marked as partial settlement as expected however my question is though the account is not defaulted can they default the account on settlement and can a non defaulted account be marked partially satisfied?

happy_bunny_2

I would expect it to be defaulted on partial settlement. You need to clarify with them.

If you don't pay, it should be defaulted. I would make sure they do it ASAP so it goes quicker.

glentoran99

happy_bunny wrote: »

I would expect it to be defaulted on partial settlement. You need to clarify with them.

Are they allowed to do that? As far as they are concerned my payments are up to date with them And this would just be an agreement on the final figure

Not that I expect them to accept my offer anyway

timbstoke

Read this: http://www.solicitorsjournal.com/news/commercial/financial-services/court-appeal-delivers-blow-banking-industry-default-ruling

Of course, they still CAN register a default, but the above case law shows that if the original debt is unenforcable, then the recording of a default is not accurate.

A word of warning - it looks like that case is dependant on a court having ruled that the debt is unenforcable. Any default registered before they take you to court would currently be fine.

sourcrates

Hell if its unenforceable, i would not bother paying them, if there going to default you anyway, all they will do is sell it on.

glentoran99

But can they default if I come to a settlement with them? Which would in effect be after the account is closed?

glentoran99

timbstoke wrote: »

Read this: http://www.solicitorsjournal.com/news/commercial/financial-services/court-appeal-delivers-blow-banking-industry-default-ruling

Of course, they still CAN register a default, but the above case law shows that if the original debt is unenforcable, then the recording of a default is not accurate.

A word of warning - it looks like that case is dependant on a court having ruled that the debt is unenforcable. Any default registered before they take you to court would currently be fine.

From that link

n important issue and sends out a clear message that where a credit agreement is found to be unenforceable or where the parties accept the agreement is unenforceable, the creditor should not seek to argue that the debtor is a defaulter and record a default

They have agreed it's unenforceable

timbstoke

That's the implication, but the appeal court ruling was only based on an account which had already been found unenforceable by the court. If a DCA decided they were going to register a default and not bother taking the account to court, you'd have to issue proceedings yourself to try and have the default removed, and the previous case law wouldn't necessarily be persuasive.