Is a debt enforceable if the creditor cannot provide any paperwork?

A question about : Is a debt enforceable if the creditor cannot provide any paperwork?

Hi,

I noticed a default on my credit report for an account with Santander. After a very long drawn out process, Santander have advised me that it relates to a Cahoot Flexi Loan which dates back to 2007 (they placed the account into default in 2009).

I subsequently requested a statement of the account and a copy of the signed credit agreement which Santander advised that they no longer have any of the paperwork and they plan to pass the debt on to a collection agency.

As they cannot provide the paperwork can this debt be enforced and if not can I request for it to be removed from my credit report?

Many thanks

Best answers:

• Taken out when in 2007? Before April 6th?
  Possible that the debt may be "technically" unenforceable via the courts, but that does not mean the default can be removed.
• Thanks Fermi,
  According to Santander, the account was opened on 21st November 2001 and payments ceased in August 2007.
  Although I don't remember the loan, I'm quite happy with the dates as I moved into my first house in October 2001 and began to suffer from extreme ill health which resulted in me racking up a large number of debts in 2007 and 8.
• So they're not actually hassling you for payment, then? I'd leave it alone.
  Statute barred any time now...
  Hope you didn't pay them Ј1
• Don't worry fatbelly, I didn't pay anything, in fact believe it or not, they gave me Ј80 as a good will gesture to apologise for the time it took to establish exactly what the debt was for.
  Thanks for the advice, I'll just wait until they (or someone) actually decides to start chasing this one. Hopefully, by the time they do it will be too late.