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A credit card company defaulted me a couple of years ago - this summer,debt was assigned to a debt collection agency who wrote asking for the money owed - I replied by saying in my view debt unenforceable for reasons given - they wrote back to say they would look into matter and get back to me but their time for looking into such matters was 4 months - when the 4 months was up,I noticed the DCA had updated the default with credit ref agency,with sum still outstanding,but they have not,meantime,replied to my letter - this re-registering the default was a month ago,but I have heard nothing at all since my original letter saying unenforceable. Is the DCA able to do this (well,obviously they have,but is it legal/correct?!)
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Re: looking for help - inexperienced!
Unfortunately, registering a default with a CRA is not considered to be 'enforcement'.
McGuffick -v- The Royal Bank of Scotland plc [2009] EWHC 2386 (Comm)
But the info must be accurate, including the date when the agreement was actually defaulted.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 -
Re: looking for help - inexperienced!
[QUOTE=charitynjw;699711]Unfortunately, registering a default with a CRA is not considered to be 'enforcement'.
McGuffick -v- The Royal Bank of Scotland plc [2009] EWHC 2386 (Comm)
But the info must be accurate, including the date when the agreement was actually defaulted.[/QUOTE
Many thanks for that speedy reply - I would have thought I should have been warned by letter by DCA that they were updating the default before doing so?Comment
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