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**CASE CLOSED** Court Claim - Lowell/Vanquis - 15-1-2015

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  • Re: **CASE CLOSED** Court Claim - Lowell/Vanquis - 15-1-2015

    Originally posted by charitynjw View Post
    IMHO

    As the claimant did not (I suspect could not) fully comply with the CCA request, the alleged debt is unenforceable. If unenforceable, then does not Grace & Anor v Black Horse kick in?
    It's unenforceable until the claimant complies, which may be never.
    My understanding of that was it was only valid if the agreement had been judged irredeemably unenforceable

    Comment


    • Re: **CASE CLOSED** Court Claim - Lowell/Vanquis - 15-1-2015

      Originally posted by charitynjw View Post
      IMHO

      As the claimant did not (I suspect could not) fully comply with the CCA request, the alleged debt is unenforceable. If unenforceable, then does not Grace & Anor v Black Horse kick in?
      It's unenforceable until the claimant complies, which may be never.
      I think Charity if the Agreement and the data to create a compliant reconstituted agreement is stated to no longer exist the that makes the debt irredeemably unenforceable.

      nem

      Comment


      • Re: **CASE CLOSED** Court Claim - Lowell/Vanquis - 15-1-2015

        Originally posted by Noah View Post
        My understanding of that was it was only valid if the agreement had been judged irredeemably unenforceable
        Originally posted by nemesis45 View Post
        I think Charity if the Agreement and the data to create a compliant reconstituted agreement is stated to no longer exist the that makes the debt irredeemably unenforceable.

        nem
        The question of a 'temporarily unenforceable' agreement was not addressed in Grace.

        However, logic would have it that an agreement, once it becomes unenforceable, remains so until it becomes enforceable.

        Ergo, to put it on a CRA file is unfair re the DPA 1998

        Or am I barking up the wrong tree?
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • Re: **CASE CLOSED** Court Claim - Lowell/Vanquis - 15-1-2015

          Originally posted by charitynjw View Post
          The question of a 'temporarily unenforceable' agreement was not addressed in Grace.

          However, logic would have it that an agreement, once it becomes unenforceable, remains so until it becomes enforceable.

          Ergo, to put it on a CRA file is unfair re the DPA 1998

          Or am I barking up the wrong tree?
          :lol:
          No I don't thinks so Charity! but I suspect we'll have an ark full of all sort of opinions soon enough
          nem

          Comment


          • Re: **CASE CLOSED** Court Claim - Lowell/Vanquis - 15-1-2015

            I have no idea, I just disputed it online with noddle, they obviously agreed.

            Comment


            • Re: **CASE CLOSED** Court Claim - Lowell/Vanquis - 15-1-2015

              Noddle agreed, however Experian shows Lowlifes have STILL been reporting this account with it marked as (8) last updated 22-02-16. Balance however is £0 and marked as satisfied. Time to get this removed me thinks.

              Comment

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