No CCA, no default

T_Boor

Morning all,

I recall reading recently that a judge had ruled that if there was no valid CCA then a default could not legally be added to your credit file.
Does anyone have any more info as for the life of me I now can't find the relevant article.

Many thanks

fermi

Some links to read.

http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial_institutions/Risks_around_reporting_to_Credit_Reference_Agencies_following_Grace_v_Black_Horse

https://consumercreditlitigationanddebtcollection.wordpress.com/2014/10/31/grace-v-blackhorse-court-of-appeal-ruling-my-view-as-the-fee-earner-responsible-for-the-case/

http://goughsq.co.uk/court-appeal-judgment-adverse-credit-reports/

http://www.bailii.org/ew/cases/EWCA/Civ/2014/1413.html

Buzby

The side issue here is that the bulk of defaults have no relevance to the CCA or indeed ever get close to a CCJ. In most cases, creditors will use the CRA default as the ultimate sanction (cheaper, virtually impossible to challenge, and no risk of losing in court).

The current Blackhorse case is of procedural reference only where an unenforceable debt through the courts continued to be reported via a CRA.

pt2537

Buzby wrote: »

The side issue here is that the bulk of defaults have no relevance to the CCA or indeed ever get close to a CCJ. In most cases, creditors will use the CRA default as the ultimate sanction (cheaper, virtually impossible to challenge, and no risk of losing in court).

The current Blackhorse case is of procedural reference only where an unenforceable debt through the courts continued to be reported via a CRA.

I disagree, what the Blackhorse case confirms is that principle 4 requires accurate data and where inaccurate data for whatever reason leads to a default then the Courts will take a robust approach to such matters.