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Agreement 'ended' so where is the debt?


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I have several defaults on my credit report which I am currently seeking to have removed.

On all of the accounts on my Experian report there is a 8 in brackets, in red. The defination of this is given as;

 

'The account is in default. You failed to keep to your credit agreement and have not responded satisfactorily to requests to bring your payments up to date, so the credit agreement has ended'

 

This intrigues me.

 

I have been in a DMP for some years and have not missed one payment.

 

But my point is I had agreements with these companies which because I was in difficulty I 'agreed' a repayment plan which has been honoured.

 

I believe that I have not defaulted on the original agreement as such, but they have 'ended the agreement' (without a notice of default or my knowledge that this had happened.)

So.....they are saying to me by defaulting my CRA file, that there is no agreement between us anymore, if the agreement is ended, then surely there can be no debt?

 

In addition, they have all defaulted on the CCA request which is now over 40 days and not one CCA received.

It seems to me they can make the rules up as they go along and move the goalposts at will.

Yet, if I threaten to stop paying or take court action they bleat on about the b***** agreement, (which according to them has 'ended')

 

 

Am I just clutching at straws here?

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I agree Knoxvillian, I am on the point of telling them all to get lost and not darken my door again.......

Especially now that the CRA report default says the the agreement has 'ended'

As far as I am concerned, I have received no enforceable CCA agreements in response to my request, and they themselves have noted that the agreement is ended so what the hell am I paying for? :evil::evil::evil:

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well while the agreement has ended, the debt still exists. However without furnishing you with the CCA as requested, they cannot take enforcement action.

[COLOR=blue][B]Defaultless since 2012 :)[/B][/COLOR][COLOR=green][/COLOR]

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The ending of the agreement refers only to their agreement to accept monthly/weekly repayments. The debt still exists, and the original contract still exists. They agree to lend you money. You agree to make regular payments. if you fail to meet your part of the agreement, there is a breach of contract, so the whole balance becomes payable at once.

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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Sorry but I am still having a problem with this.

 

Yes, I know the debt still exists, it still exists when no CCA is received and they are in default, It then becomes unenforceable.

 

I have received no CCA's, I have never missed a payment through my DMP, I agreed to make payments and I have done so every month.

 

In the meantime, they have defaulted me and placed an 8 on my credit file, which according to Experian means the agreement is ended.

So what I am trying to say is, they have defaulted by 40 days on my CCA request.

Therefore, no agreement, and I have the right to stop paying until an enforceable agreement is produced.

They have defaulted me on my credit report and they are saying the agreement has ended.

 

Firstly what agreement?

 

Secondly if the agreement is ended, then who is in breach of contract here?

I am still making my payments and have never failed to do so.

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