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From the Sunday Times


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I know news of this has been posted elsewhere, but the Sunday Times today says that 100,000 claims of unenforceability have been put on hold pending test cases.

 

I (foolishly) signed up to a claims management company on Friday, but can get my up front fees back within fourteen days, which is exactly what I'm going to do.

 

The link is here: Judge to freeze credit claims

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The issue is not the issue of enforceability - but merely whether an unenforceable agreement can be put onto a credit file.

 

I'm really not at all sure whether the figure of cases on hold is true

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The article on that link is completely MISLEADING!

 

The test case was NOT about enforceability. It was about whether the bank can register defaults with credit reference agencies while they have not provided a copy of the credit agreement upon request. The credit agreement itself was eventually produced by the bank and was in fact enforceable. Its enforceability was not challenged by the borrower.

 

The Judge himself said that this was not a good test case because the credit agreement was indeed enforceable.

 

For enforceability, there is a ruling by the House of Lords from several years ago that cannot be challenged.

 

If the credit agreement has serious flaws = unenforceable. End of!

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