Problem with unenforceable CCA's

[a_bx]

Forgive me if this is asking a stupid question but the term 'unenforceable' is a legal phrase, but doesnt the loan/card balance still remain on your credit record file, so on applying for credit with another loan company may show you have outstanding obligation?

 

Additionally if it was a secured loan, the charge would be on the property and would still be there on its transfer?

 

:-?

[XXXMKP]

Forgive me for being stupid too, I do not know how to start a new thread, but i need clarification just like you abx.

 

I had letter from RBS today stating they cannot produce an original agreement and that 'regrettably we are unable to fully comply with your request made under Section 78 (1) of the act', however 'not withstanding this the agreement remains valid, ad we expect you to continue to meet your obligations under the agreement......... if cease to make future payments as they fall due we will reprot details of missed payments and the default to the credit reference agencies' and ' Section 78(6) 'unenforceable' only prevents us from pursuing recovery of the debt though the court'.

 

So what can i do to get this account totally cleared and no adverse on my credit file?

 

Any help/advise is much appreciated.

[fedup74]

Hi just because they cannot come up with an agreement does not mean the debt will go away. If they found the agreement 12 months down the line, then it would become enforceable. Because they don't have an agreement it means they are not legally entitled to collect on the alleged debt. XXXMKP they have admitted they don't have a copy but notwithstanding this the agreement remains valid and to continue to make payments- cowpoo, they have admitted themselves it prevents them from pursuing through the court- what are they going to do?? I don't know about getting adverse credit removed as the CRA's seem to take no notice of disputed accounts, but someone more knowledgable will be able to help. Good luck:)

 

 

 

 

[noomill060]

Depends if you want to apply for yet more credit in the next six years.

 

If not stop, paying, tell them to Foxtrot Oscar and use your money for something useful.

 

They can do nothing.

[a_bx]

Depends if you want to apply for yet more credit in the next six years.

 

If not stop, paying, tell them to Foxtrot Oscar and use your money for something useful.

 

They can do nothing.

 

 

Ok i could get by with no more credit as such, except if i try to move my mortgage somewhere else I might have problems. The way things are at the moment my present lender might not even exist in 6 years so may have to!

 

Maybe the key is to come to a compromise deal with the lender which includes wiping all records clean?

[fergal71]

WITHOUT CREDIT AGREEMENT how can they justify putting details on credit file. You have to give them permission to use your data... if they do ask them for proof you gave them authority to use your data.... it is on agreement which they can not find

[a_bx]

WITHOUT CREDIT AGREEMENT how can they justify putting details on credit file. You have to give them permission to use your data... if they do ask them for proof you gave them authority to use your data.... it is on agreement which they can not find

 

Ah but they have the agreement- its just not enforceable.

[fergal71]

sorry I read from fedups post

[citizenB]

Ok i could get by with no more credit as such, except if i try to move my mortgage somewhere else I might have problems. The way things are at the moment my present lender might not even exist in 6 years so may have to!

 

Maybe the key is to come to a compromise deal with the lender which includes wiping all records clean?

 

Ah but they have the agreement- its just not enforceable.

 

I would say you then have two choices. Either come to an arrangement whereby you and the creditor can come to an acceptable F&F settlement. If you choose this route, do be very careful about the wording of the letter. You want them to accept that it IS a F&F and not part payment whereby a few months down the road they sell on the balance and someone else starts chasing you for it. Plus you need to ensure the OC will agree to removing adverse data from your credit file. You want their agreement signed in blood... preferably theirs.

 

Alternatively, you wait for the OC to take you to court and take the chance a DJ will declare the agreement unenforceable.

[fedup74]

Hi fergal, I was answering xxxmkp's question- been told there is no agreement. Sorry for confusion:)