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Unenforceable CCA Agreement - what happens with your credit report?


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If anyone has succeeded with having a CCA Agreement declared unenforceable, what effect did this have on your credit report? Or does anyone know what will happen, once I have had my loan declared unenforceable by the court, will the credit reference agencies register a default on my credit report? :confused:

 

Firstly you should have received a default notice within 6 months from the lender,when that default notice has been issued they then send the default to the credit referance agents to mark your file XXX amount of payments late and so forth,if you dispute the matter you are allowed to put a notice of correction on your file with the relevant CRA'S as long as the notice is not defamatory misleading or untrue,this could take upto 28 days to be shown on your file,in your case you state the matter has a non enforceable agreement? has that been confirmed by your legal expert,in particular a barrister? if so you can then send a letter or email to the relevant CRA to remove the default under the data protection act section 41 & 43,they then have to contact the lender to remove the default,they have to do this within a reasonable time i.e 28 days is long enough,if they do not reply to the CRA ask the CRA for evidence from the lender to support the default,if they cannot substantiate the default with evidence they should supress the information,if they quote the consumer credit act 1974 to you, quote the sections of the data protection act above and ask them to remove the default if they cannot supply the evidence,if they still wont comply ask for an additional notice of correction adding to the one you already have, stating this CRA has reported my file to show an incorrect default without any evidence from the lender as per the data protection act.

 

Where the accuracy is challenged they are obliged to put a marker on your file under query,this marker is unlikely to be sufficient to provide protection against claims including those for compensation,therefore the CRA should substantiate the dispute information within 28 days,if not it should be supressed.

 

Dont let them fob you off by writing to the commisioners office they currently have a backlog until July 08.

 

Also state under this act as the data recorder i will issue proceedings under the data protection act for libel and for damaging my credit worthiness if you are unable to substantiate the default with written evidence from the lender.

 

Under that notice write the following:under a notice of correction the comments applied are to be truthfull and not misleading otherwise i will be liable for action against me,i will not edit this entry when asked to do so.

 

Only put the notice of correction if you have legal evidence of a non enforceable contract.

 

It does work i can assure you.it has taken me 3 weeks to have the default removed for a non enforceable consumer credit agreement.contact them weekly demanding deadlines.:grin:

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Firstly you should have received a default notice within 6 months from the lender,when that default notice has been issued they then send the default to the credit referance agents to mark your file XXX amount of payments late and so forth,if you dispute the matter you are allowed to put a notice of correction on your file with the relevant CRA'S as long as the notice is not defamatory misleading or untrue,this could take upto 28 days to be shown on your file,in your case you state the matter has a non enforceable agreement? has that been confirmed by your legal expert,in particular a barrister? if so you can then send a letter or email to the relevant CRA to remove the default under the data protection act section 41 & 43,they then have to contact the lender to remove the default,they have to do this within a reasonable time i.e 28 days is long enough,if they do not reply to the CRA ask the CRA for evidence from the lender to support the default,if they cannot substantiate the default with evidence they should supress the information,if they quote the consumer credit act 1974 to you, quote the sections of the data protection act above and ask them to remove the default if they cannot supply the evidence,if they still wont comply ask for an additional notice of correction adding to the one you already have, stating this CRA has reported my file to show an incorrect default without any evidence from the lender as per the data protection act.

 

Where the accuracy is challenged they are obliged to put a marker on your file under query,this marker is unlikely to be sufficient to provide protection against claims including those for compensation,therefore the CRA should substantiate the dispute information within 28 days,if not it should be supressed.

 

Dont let them fob you off by writing to the commisioners office they currently have a backlog until July 08.

 

Also state under this act as the data recorder i will issue proceedings under the data protection act for libel and for damaging my credit worthiness if you are unable to substantiate the default with written evidence from the lender.

 

Under that notice write the following:under a notice of correction the comments applied are to be truthfull and not misleading otherwise i will be liable for action against me,i will not edit this entry when asked to do so.

 

Only put the notice of correction if you have legal evidence of a non enforceable contract.

 

It does work i can assure you.it has taken me 3 weeks to have the default removed for a non enforceable consumer credit agreement.contact them weekly demanding deadlines.:grin:

 

May I ask how you gained the necessary proof of unenforcability for CRA. I have same problem with Cabot and Experian

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I would have thought that if the DCA can't furnish you with a copy of the CCA or they give you an "application form" then this is clearly unenforceable, without the need for a barrister to check it. There are legal mnded people on this site that could check it for you!

 

BobbyH

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Hello,

 

I have been ignored by Lloyds and have been requesting my CCA for over 12 months. The just keep passing the debt to different collection agencies - they then send it back to Lloyds when they hear that I am awaiting a CCA. Should I now request that Experian/Equifax remove this debt from my file? Can they remove the debt or the default?

I also have another debt that has been on hold for 12 months as they have been unable to supply my CCA, any advise here?

Many Thanks, S

Cap One refunded £112

MBNA refunded £567

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Did you consult a barrister independently? I assume it was an expensive process?

 

Mel

I consulted a top London Barrister independantly and he consults with my Solicitor,you assume right, it is expensive but to see the evidence in writing is a joy to provide to the people who think they are above the law.
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I would have thought that if the DCA can't furnish you with a copy of the CCA or they give you an "application form" then this is clearly unenforceable, without the need for a barrister to check it. There are legal mnded people on this site that could check it for you!

 

BobbyH

My case is very complex and i have been in 12 months of dialog with the agreement holders and the people who sold me the agreement, and failed to supply what it states on the invoice and the regulated credit agreement,i had no other choice to spend considerable amounts of money after the 12 months to instruct a solicitor and barrister to clarify to these people i am determined to take you to court to get what i am entitled to by law,they both understood what my position was from the start,but kept telling me i have no entitlement to rescind the contract,they then ruined my credit rating to which infuriated me to retaliate instantly,and i still have the goods after non payment for 8 months! then i wrote to the credit referance agency to removed the default and finally they have after providing evidence to which the lender cannot provide any,the longer it goes on the worse it gets it has destroyed my family,if in doubt get serious advice,it seems to be working wonders,especially when its one of Londons top Barristers they now know we mean buisness and its costing me a fortune to which my costs will be added to my final renumeration.
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  • 2 weeks later...
  • 2 weeks later...

How are defaults affected if the OC cannot produce an agreement at all? Can you ask them to remove the default on that basis?

TheKat1979 - Taking Control!

 

Taking on -

Barclaycard via HFO - daft application form sent

Barclays Current Account - at AQ stage - fingers crossed asked for Hardship

Egg - various issues! Are about to default me on a disputed debt!

Bryan Carter CCJ set aside - looks to have been set aside without a trip to court! WOO!

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  • 1 year later...

I got two letter from Littlewoods stating that they they do not have a credit agreement and that they will not pursue the debts but every month they send a default letter...since.

 

I wrote them and ask them to remove the default, but they just totally ignored me...

 

What can i do to get the defaults removed?

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