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Default - reported to Credit Agencies - but in dispute

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  • Default - reported to Credit Agencies - but in dispute

    If a credit card agreement is in default but also in dispute thanks to invalid CCA (been to the solicitors and returned back to lender etc), can the lender report the default to Credit Agencies?

    I was under the impression that if an account is in dispute they should not be reporting this to credit agencies.

    Anyone could point be in the right direction, I'd be grateful.

    Thank you
    Tags: None

  • #2
    Re: Default - reported to Credit Agencies - but in dispute

    Originally posted by Katyknowsbest View Post
    If a credit card agreement is in default but also in dispute thanks to invalid CCA (been to the solicitors and returned back to lender etc), can the lender report the default to Credit Agencies?

    I was under the impression that if an account is in dispute they should not be reporting this to credit agencies.

    Anyone could point be in the right direction, I'd be grateful.

    Thank you
    Hi Katyknowsbest

    Has the lender/owner admitted that the alleged debt is unenforceable?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Default - reported to Credit Agencies - but in dispute

      No they haven't.

      It's been to their solicitors (lengthy correspondence), debt collection agencies all of which return it to the lender once they realise it is in dispute and after 2 years since default they have offered a settlement of 50% of the debt.

      Thanks

      Comment


      • #4
        Re: Default - reported to Credit Agencies - but in dispute

        Originally posted by Katyknowsbest View Post
        No they haven't.

        It's been to their solicitors (lengthy correspondence), debt collection agencies all of which return it to the lender once they realise it is in dispute and after 2 years since default they have offered a settlement of 50% of the debt.

        Thanks
        IMHO

        Unless the alleged debt is statute-barred or in some other way proven to be irredeemably unenforceable, I would guess that they would be allowed to report it.
        As it is in dispute, they must consider that it is still owed. The ICO guideline is that the reporting is fair - the flip-side would probably be argued; can you show that it is unfair?
        CAVEAT LECTOR

        This is only my opinion - "
        Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb

        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.

        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Default - reported to Credit Agencies - but in dispute

          Originally posted by charitynjw View Post
          IMHO

          Unless the alleged debt is statute-barred or in some other way proven to be irredeemably unenforceable, I would guess that they would be allowed to report it.
          As it is in dispute, they must consider that it is still owed. The ICO guideline is that the reporting is fair - the flip-side would probably be argued; can you show that it is unfair?
          Hello Charity,

          Unfortunately a debt being statute barred does not always mean it cannot be reported to CRA files a debt can become Statute Barred before the 6 year " life " of a default has expired and will remain until the 6th anniversary of the default date.

          Katyknowsbest.

          Disputed or not/ no CCA makes no odds the creditor can continue and should report the conduct of the account to CRA's.

          A default can be challenged if the creditor has placed it unreasonably late or for instance the " default sum " ( on an account) was made up SOLELY of charges without which (charges) the account would not have been defaulted. ( source ICO Guidance On Defaults)

          nem
          The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

          Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

          If you receive messages from anyone offering advice for a fee please report it to the site team.


          Animo et fide.

          Comment


          • #6
            Re: Default - reported to Credit Agencies - but in dispute

            [MENTION=82479]Nibbler .[/MENTION].. anything to add??
            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

            It doesn't matter where your journey begins, so long as you begin it...

            recte agens confido

            ~~~~~

            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

            I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
            But please include a link to your thread so I know who you are.

            Specialist advice can be sought via our sister site JustBeagle

            Comment


            • #7
              Re: Default - reported to Credit Agencies - but in dispute

              Originally posted by nemesis45 View Post
              Hello Charity,

              Unfortunately a debt being statute barred does not always mean it cannot be reported to CRA files a debt can become Statute Barred before the 6 year " life " of a default has expired and will remain until the 6th anniversary of the default date.

              Thanks, nem

              Rotten so&so's; you'd think that the 6 years = the Limitation Act, not LA + extras, wouldn't you?
              Seems like they're a law unto themselves!


              Katyknowsbest.

              Disputed or not/ no CCA makes no odds the creditor can continue and should report the conduct of the account to CRA's.

              A default can be challenged if the creditor has placed it unreasonably late or for instance the " default sum " ( on an account) was made up SOLELY of charges without which (charges) the account would not have been defaulted. ( source ICO Guidance On Defaults)

              nem
              ####
              CAVEAT LECTOR

              This is only my opinion - "
              Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb

              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.

              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: Default - reported to Credit Agencies - but in dispute

                Originally posted by charitynjw View Post
                ####
                All boils down to the ICO and that they require the credit file entries to be an up to date accurate picture of the conduct of the account.

                nem
                The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

                Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

                If you receive messages from anyone offering advice for a fee please report it to the site team.


                Animo et fide.

                Comment

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