Unenforceable Credit Agreements: case to set precedent at the High court on 23 Sep 09

[mikek]

I heard from a solicitor that a case of an unenforceable credit agreement is being heard at the High Court on 23 September 2009.

 

This case is about whether a lender has the right to record adverse data with CRA's and pursue the repayment through debt collection agencies when it has been established that the agreement is unenforceable.

 

This case is expected to set a legal precedent.

 

Does anyone know more about it?

[andydd]

I heard from a solicitor that a case of an unenforceable credit agreement is being heard at the High Court on 23 September 2009.

 

This case is about whether a lender has the right to record adverse data with CRA's and pursue the repayment through debt collection agencies when it has been established that the agreement is unenforceable.

 

This case is expected to set a legal precedent.

 

Does anyone know more about it?

 

Sounds a bit odd, surely if an agreement is unenforceable then its unenforceable, full stop, I agree the part about CRA's is a bit of a grey area though.

 

IMO this isnt really like the bank charges case where it really is a grey area, CCA 1974 is quite clear in nearly every aspect apart from the 'true copy' bit which could do with being clearer maybe.

 

A case wouldnt really be about setting a precedent, it would be more about changing existing legislation.

 

Just my views anyway.

 

Andy

[42man]

If this is as the OP has stated about recording default information, then this will assist a lot of people, who find themselves having an unenforceable agreement, but then having to contend with getting the default information removed.....