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

Conveyancer numbers fall 15% as firms face mounting workload pressures

The conveyancing workforce in England and Wales has contracted by 15% in little more...

Lendlord adds free rent increase notice tool for landlords

Lendlord has introduced a free tool designed to help landlords prepare the Form 4A...

LendInvest and MDA flag development finance risks from Building Safety Levy

LendInvest and MDA Consulting have published guidance for property lenders and developers ahead of...

Family BS launches £12.5m HNW interest roll-up mortgage

Family Building Society has launched an interest roll-up mortgage allowing high net worth borrowers...

Property transactions edge lower as mortgage costs weigh on market

UK residential property transactions fell in August, with HM Revenue & Customs recording 95,220...

Latest publication

Other news

Conveyancer numbers fall 15% as firms face mounting workload pressures

The conveyancing workforce in England and Wales has contracted by 15% in little more...

Lendlord adds free rent increase notice tool for landlords

Lendlord has introduced a free tool designed to help landlords prepare the Form 4A...

LendInvest and MDA flag development finance risks from Building Safety Levy

LendInvest and MDA Consulting have published guidance for property lenders and developers ahead of...