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Removal of Default when no Agreement is supplied

PayPal recorded a default with Equifax and then passed the account to Lowell.
I sent a CCA request to Lowell, who advised after the 12 working days allowed that neither Lowell nor PayPal could locate an Agreement and, therefore, the outstanding balance will not be pursued and that Lowell will close the account.  As neither PayPal nor Lowell can provide an Agreement, am I within my rights to ask PayPal to inform Equifax to have the account removed as if it never existed.

Comments

  • Puddles83
    Puddles83 Posts: 43 Forumite
    10 Posts Name Dropper
    No.
    Because it did exist, and you did default.
  • sourcrates
    sourcrates Posts: 31,939 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 6 March 2021 at 1:01PM
    The account did exist, its just that PayPal cannot locate a copy of your user agreement, nor do they possess enough information, it appears, to provide you with a reconstituted copy.

    All that means is they cannot obtain judgement against you in court, nothing more.
    You are lucky Lowell have chosen not to pursue the account, consider that a win, and leave it at that.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • You can however try to get the account marked as settled, or just pay the debt. 
  • PixelPound
    PixelPound Posts: 3,069 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Usually no agreement means cannot enforce the debt by way o Judgment. It is still there, and should the agreement be located in future, the debt becomes enforceable again. Debt companies often continue to send letters asking you to pay, but it looks like they've decided to close your account.
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