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What happens when a claim is discontinued because there is no credit agreement?

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  • What happens when a claim is discontinued because there is no credit agreement?

    I recently had a claim against me discontinued because the claimant could not provide a credit agreement. The claimant now refuses to remove the debt from my credit report.

    Surely, if they can not prove a debt exists, they should not be allowed to have the debt recorded on someone's credit report?!

    How do I get the debt removed from my credit report?
    Tags: None

  • #2
    I wish it were that simple, but it isnt.

    Just because the agreement may or may not be unenforceable, doesnt mean that the debt doesnt exist. or that the debt cannot be reported. If they dont have the agreement then you may want to look up grace v Blackhorse.
    I work for Roach Pittis Solicitors. 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 Pt@roachpittis.co.uk .

    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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    • #3
      Originally posted by pt2537 View Post
      Just because the agreement may or may not be unenforceable, doesnt mean that the debt doesnt exist.
      The debt on my credit report is the debt they put a claim in for and then discontinued. At first I thought it was a debt of mine from years ago, but my paperwork tells me it isnt and the fact they cant produce a credit agreement confirms that.

      Now I have a debt on my credit report that is not mine and that the claimant cant prove is mine and wont remove!

      Comment


      • #4
        discontinued does not mean it goes away, if the event happened i.e. you had credit then the fact reporting remains, no CCA does not mean no . yoy state on credit report the alleged debt is not a true record relating to you???? but another????

        Comment

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