missing credit card statements

[lawlesslad]

Hi
This is my first post on this forum,
Having read a lot of posting here regarding CCA,s ,dept enforceability etc. there seem to be one issue that I cant find any answer to which is what is the legal position if a credit card company lost part of the credit card statements, will the debt be enforceable?.
I have a running battle with one of my credit card companies whom I sent an SAR requesting the usual informations. everything seems to be in order except that they cant provide me with all my statements, six out of 36 statements are missing. The question is : does failing to provide my with all the statements of account give me any advantage for future court battle?.

[Curlyben]

Re: missing credit card statements

Short and sweet, NOPE, not at all.
Has ZERO effect on enforceability.

Admittedly they are in breach of DPA and should be reminded of that fact.

[pompeyfaith]

Re: missing credit card statements

In my court case with MBNA it made no difference what so ever there were statements missing duplicate statements submitted wrong data on some but it had no sway all the judge was interested in was the last statement I received which happened to be correct.

[lawlesslad]

Re: missing credit card statements

Thank you guys , I somehow suspected that, I think this area needs some work done , what will be the position if someone is disputing the balance on their account and the CC cant produce the statements to prove the balance, what is the legal position ? is there any previous legal case?

[diddydicky]

Re: missing credit card statements

if you are disputing the accuracy of charges/interest then i would have thought they would have to produce some documentation (not necessarily the statements) to justify how they have arrived at the total being claimed

This seems to be a basic requirement to me since without such evidence.a creditor could claim anything he liked!!

[pompeyfaith]

Re: missing credit card statements

Statements could prove the inaccuracy of charges etc but, those statements would not have the affect of making the agreement unenforceable.

They could at least force the lender to provide further evidence to the judge.

[lawlesslad]

Re: missing credit card statements

I looked hard into this area, and all I could find is a credit validation law which seem to force the lender to prove the debt , how ever when I trawled the web looking for clarification I couldn't find any. anyone help?

[unfortunatelybroke]

Re: missing credit card statements

Short and sweet, NOPE, not at all.
Has ZERO effect on enforceability.

Admittedly they are in breach of DPA and should be reminded of that fact.

Hi Curlyben and all

I have a letter from a creditor that states that they can stop sending statements if you are on a DMP I to have had no statements from 14 creditors for 7 years.

[WendyB]

Re: missing credit card statements

well send them all a SAR then they will have to provide everything they hold on you, which will get you balances, statements etc.