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

Prime London prices fall 7% as buyers hold back

Prime London house prices fell by 7% year-on-year in August as uncertainty over borrowing...

Leasehold valuation reform: the consultation is asking only half the question

The Government's consultation on leasehold enfranchisement valuation rates is important because it will help...

UK rate hike risk grows after Fed raises rates

The prospect of UK interest rates rising again is moving back onto the agenda...

Novus launches mortgage simulator to tackle completion delays

Novus Strategy has launched a mortgage journey simulator designed to allow lenders to test...

L&G Mortgage Club adds estate agency referral service

L&G Mortgage Club has partnered with GOTO Estate Agency to launch a referral service...

Latest publication

Other news

Prime London prices fall 7% as buyers hold back

Prime London house prices fell by 7% year-on-year in August as uncertainty over borrowing...

Leasehold valuation reform: the consultation is asking only half the question

The Government's consultation on leasehold enfranchisement valuation rates is important because it will help...

UK rate hike risk grows after Fed raises rates

The prospect of UK interest rates rising again is moving back onto the agenda...