COMMENT: Twelfth night is no comedy of errors

Published on

Eddie Goldsmith , senior partner at Goldsmith Williams, has more bad news for consumers

You may be interested to know that a recent ruling in the High Court has dealt another blow to consumers wanting to write off their debts.

Borrowers have been using the provisions of the Consumer Credit Act to request a copy of their credit agreement to see whether the document is unenforceable or not. If a lender is unable to provide a copy of the agreement, borrowers have been trying to obtain an order from the court to have the debt wiped out.

However, the ruling, made by Judge Waksman in the Manchester High Court, means that banks need only provide borrowers with a ‘reconstituted’ version of their credit card agreement, which can be made from sources other than the signed document itself. The absence of an original signed agreement does not, therefore, mean that borrowers can simply walk away from their debt obligations. This means that financial institutions have the right to enforce debts even when a borrower’s original loan agreement has been lost or destroyed and a copy cannot be provided within 12 days, as required by the Consumer Credit Act.

This ruling acts as another reminder to brokers that there are no easy ‘get out of jail free’ cards for clients with mounting debt problems. If lenders have treated borrowers fairly, then borrowers remain obliged to repay their debts, even if their lender no longer has a copy of their original loan documentation.

Judge Waksman has criticised some borrowers for trying to avoid repaying their debts by challenging lenders to produce a valid copy of their loan agreement, saying that “the absence of a copy of signed executed agreement is no evidence that such an agreement was not made.””

COMMENT ON MORTGAGE SOUP

We want to hear from you!
Leave a comment and get the conversation started.
You need to register to post, so please login or sign up below.

Latest articles

Equity Release Council hires Tracy Gorbutt-Powell for risk and policy role

The Equity Release Council has appointed Tracy Gorbutt-Powell as head of risk, policy and...

Together appoints Legal and General Surveying Services as valuation partner

Specialist lender Together has appointed Legal and General Surveying Services as a key valuation...

1.3 million households facing mortgage cost shock

Around 1.3 million additional UK households are now exposed to higher mortgage costs following...

The Vernon hires internal BDM to expand intermediary reach

Vernon Building Society has appointed Damien Sabbaghe as intermediary business development manager as it...

Coventry trims first-time buyer and limited company buy-to-let rates

Coventry for intermediaries has cut selected mortgage rates for first-time buyers and limited company...

Latest publication

Other news

Rental barometer shows strength, but March changes the tone

Looking at our recently published Q1 2026 Rental Barometer data in isolation, there is...

Equity Release Council hires Tracy Gorbutt-Powell for risk and policy role

The Equity Release Council has appointed Tracy Gorbutt-Powell as head of risk, policy and...

Together appoints Legal and General Surveying Services as valuation partner

Specialist lender Together has appointed Legal and General Surveying Services as a key valuation...