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Bank Tactic Following Unenforceable Debt?

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  • Bank Tactic Following Unenforceable Debt?

    Hi, it has been more than 1 year now since this bank failed to fulfil my request for a true copy of any credit card agreement and as such I stopped all repayments. During this time I have received a number of letters asking for immediate and full repayment from the bank and then a debt collection company. I replied one time to each asking once again for a CCA but nothing was ever provided. The debt collection agency just keep asking over and over if I can deny it was me who used the card but as I cannot deny I did not reply.

    My question is I have in the past few days received a letter from the bank informing me that a PPI claim made 9 years ago on the account from which I received a few hundred quid was actually incorrect, they are saying I was underpaid and the amount should have been around 4 times as much. As much as I would love to take their money I am concerned it could be viewed as a sort of admission of guilt and on the other hand if I do not take the money (which they say will be snatched to pay off part of the debt they claim I owe) it may also look like an admission of guilt should I agree to their proposal.

    I apparently have 6 months to lodge an appeal with the ombudsman against them keeping the money but the letter was dated 15th July 2020 and only arrived on Saturday 25th leaving me 3 days to reply. If I do not reply they take the money. My initial thoughts are to ignore the letter as the debt is considerably more. Please advise.

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  • #2
    Hi there

    Ok well first, its not about whether you spent the money or not, if you ask under s78(1) Consumer Credit Act its about the right to ask for a true copy of the executed agreement assuming the executed agreement existed in the first place!!

    If you stop paying because of a breach of s78(1) then you take a huge risk, and they could remedy the breach and get a court judgment against you that is the nature of s78(1) etc

    Now the payment of the money for missold PPI that is a separate issue. When an agreement is unenforceable the debtor can consent to making payments or he can withhold his consent. The money is yours, they should pay it to you, it isnt your fault after all if the lender has not complied with their statutory duties.
    I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Ptilley@wannops.com .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.


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