Unenforcibility & Defaults

[donatello11]

Hi,

 

Just a quick question. I've read some conflicting threads and would like something clarifying.

 

I have CCA'd some creditors and will make a final F&F when i get a reply.

 

If the agreements are unenforcible, can they put a default on your file or not?

 

Some people are saying that if the there is no agreement, there could not be an agreement to default on.

 

Thanks for your help

[Pyyp23]

If theres no agreement they aren't supposed to default you but doesn't mean they won't

[a_bx]

I believe there was a recent case of McGuffik vs RBS where RBS failed to supply a copy of the credit agreement when requested, and the judge decided without the agreement he couldnt enforce the debt but he didnt prevent RBS defaulting the claimants credit file as he didnt consider this an act of enforcement.

 

Its unclear what would happen if the debt was declared irredeemably unenforceable rather than this case, so I guess that means the lender might report you to the credit agency.

 

If your trying for a F&F settlement this could be open to negotiation as it doesnt financially disadvantage your lender not to report you!