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Iredeemably Unenforceable & the Credit Agency Default
This thread is a quick reminder that in any litigation you may encounter whereby you get the debt deemed Iredeemably Unenforceable (by a judge) means that the claimant must purge or at least correct any CRA data recorded against you.
As the CRA reporting system cannot differentiate between a "non payer" and "winning a legal argument", the reporting of a default suggests you just haven't paid. That is a breach of DPA (you can sue for damages) - technically you wouldn't be a "non payer" defaulter. You'd be a party to a legal argument which proved you're not liable for repayment of the debt hence you can't be defaulted.
Grace & Anr v Black Horse [2014] is the relevant case law you should refer to.
http://www.bailii.org/ew/cases/EWCA/Civ/2014/1413.html
As the CRA reporting system cannot differentiate between a "non payer" and "winning a legal argument", the reporting of a default suggests you just haven't paid. That is a breach of DPA (you can sue for damages) - technically you wouldn't be a "non payer" defaulter. You'd be a party to a legal argument which proved you're not liable for repayment of the debt hence you can't be defaulted.
Grace & Anr v Black Horse [2014] is the relevant case law you should refer to.
http://www.bailii.org/ew/cases/EWCA/Civ/2014/1413.html