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

Barclays latest lender to cut rates

Barclays is the latest lender to lower its mortgage rates, reducing selected residential products...

Landbay launches product transfer products

Buy-to-let lender, Landbay, has launched five new Product Transfer (PT) tracker products within its...

Brokers hesitant to recommend interest-only for FTBs, says Gen H

Nearly half of the UK’s top 100 first-time buyer brokerages wrote no interest-only business...

Coventry and Accord both cut BTL rates 

Coventry for Intermediaries and Accord Mortgages have both reduced rates across their buy-to-let ranges. Coventry’s...

UTB cuts rates by 1% and launches 95% LTV

United Trust Bank (UTB) Mortgages has reduced rates by up to 1% and launched...

Latest publication

Other news

Barclays latest lender to cut rates

Barclays is the latest lender to lower its mortgage rates, reducing selected residential products...

Landbay launches product transfer products

Buy-to-let lender, Landbay, has launched five new Product Transfer (PT) tracker products within its...

Brokers hesitant to recommend interest-only for FTBs, says Gen H

Nearly half of the UK’s top 100 first-time buyer brokerages wrote no interest-only business...