Unenforceability and Defaults

[keey-trying]

Hi,

I am curious about how a defaut and unenforceability work,is it possible to get a sticky put somewhere to help people understand a bit better as to what to expect as I myself am confussed.

Example:
I have a default and started the unenforceability route,
The debt is unenforcable

Does this now mean it can be removed?
How do you get it removed?
How long does it take to get it removed?

Any other information about what to expect on your credit file and how to clean it up if you are to find your debts are unenforcable would be really good.

[MrsD]

Re: Unenforceability and Defaults

no even if the debt is unenforceable, the default will stay on your file, creditors are allowed to report the conduct of the account and if you defaulted, you defaulted. UE just means that they cannot enforce in a court. Hope this helps

[Never-In-Doubt]

Re: Unenforceability and Defaults

No need for a sticky - we have loads of them all relating to the ins and outs of UE - read out website!

---> Welcome to allaboutDEBT.co.uk

Or this: ---> Sticky: UPDATED - A Full Guide to Unenforceability

[Never-In-Doubt]

Re: Unenforceability and Defaults

This is also useful info: ---> Sticky: UPDATED - Defaults, The Law & Removal

[keey-trying]

Re: Unenforceability and Defaults

Thanks,

It's a shame , as in my way of thinking if the alleged debt is classed as unforcable then to me you cant defualt on something that wont stand on its own merit.
If something does not have to be paid due to lack of eveidence etc then how can it be marked against on your credit file.

[keey-trying]

Re: Unenforceability and Defaults

no even if the debt is unenforceable, the default will stay on your file, creditors are allowed to report the conduct of the account and if you defaulted, you defaulted. UE just means that they cannot enforce in a court. Hope this helps

For how long can they keep reporting on the conduct of the account?

[MrsD]

Re: Unenforceability and Defaults

5 years in Scotland, 6 in England and the default will fall off, they will report the conduct of the account until its paid off and closed

[Never-In-Doubt]

Re: Unenforceability and Defaults

Thanks,

It's a shame , as in my way of thinking if the alleged debt is classed as unforcable then to me you cant defualt on something that wont stand on its own merit.
If something does not have to be paid due to lack of eveidence etc then how can it be marked against on your credit file.

You need to read the associated case law, McGuffick v RBS created this relevant case law ---> McGUFFICK v RBS [2009]

It does have to be paid - you're missing the point - the lender cannot enforce it, but they can chase you for repayment......

[Never-In-Doubt]

Re: Unenforceability and Defaults

they will report the conduct of the account until its paid off and closed

They will report it for the length of default - nothing after unless they obtained judgment (ccj).....

A default supersedes other markers thus 5/6 years AFTER default date, the entry drops off regardless of whether paid or unpaid

Hope that makes better sense of it.....

[keey-trying]

Re: Unenforceability and Defaults

It does have to be paid - you're missing the point - the lender cannot enforce it, but they can chase you for repayment......

That makes it crystal clear, the fog has now gone
Thank you !