Jaxo_uk vs barclaycard ... is this CCA enforcable

[Jaxo_uk]

i've not seen anyone in the last years or so getting any joy on default removals just because the CCA is un-en when the debt is actually theirs.

both the OFT & the FOS take the view that co's can continue to inform cra's even if the cca is un-en.

i also suapect BC has one too

what you have is the typical response from BC...their own garbage!

 

dx

 

Your correct mate, I have got the same response from aktiv, Information comissioner and even FOS however, what I am worndering is can I take aktiv to court as they are supplying the cra`s with info and they have no credit agreement to back it up? ...Or would I be wasting my time, and should I just be happy its unenforcable?

[Jaxo_uk]

p.s the default still has 4 years to run

[dx100uk]

i could be wrong

but i don't know of any successes.

 

a screwed CRA file is the worst they can do.

they could go to court to secure a ccj/CO etc etc

but i think the gen concensus is they'ed look pretty stupid infromt of a judge whe they produce an enforceable CCA when you'ed already issed a CCA request.

 

as advised by someone in one of your other threads

have a poke around the default notice threads

 

i think there is info there.

 

dx

[slick132]

Hi Jaxo,

 

You need to do some serious reading in the Data Protection and Defaults Issues forum - http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/

 

Also see here - The Consumer Forums - Challenge a default on a disputed account

 

Have you told the CRA that the entry is disputed and that you want this made clear on the entry.