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  • CCJ - Cost to process?

    How much would it cost to stick a CCJ on me?

    I'm asking as I've discovered a possible technicality with renting. I assumed default = no. But it appears with certain referencing companies defaults under 5k will be ok (guarantor). Defaults over 5k it says 'always decline' - so I'd like the default to be under if possible!

    I owe something like £4400, with charges, interest and court fees etc to be added. Do they wrap all that in and make that the "judgement amount" that is on my credit file? Or could the judgement amount be exactly what I owe (as that's what I defaulted on) then the fees etc just come on top?

    If it's the former as I fear, it will surely go over 5k?

    Which leads me to ask... It looks like they aren't even passing to a DCA, they're going straight for court from the conversations and stroppy emails I've had with them. Would it be worth finding a grand or so to pay into that account with, so the actual default value would then be £3400, plus fees? I'd imagine they'll take the money, but would that cause issues in the long run at all?

    Alternatively, a very long shot, but any luck with an f&f just on that one account? (considering there's a defaulted lower balance current account with them too).

    Can just wait for the court papers for a claimed value, which I suspect will be here very shortly (default notice for current account came last week. credit card gave a few days to pay the lot or they'd default, haven't heard anything since) but wanted to see if a f&f would be worth a shot. Or paying into the 4.4k account to lower the CCJ to under 5k??

    Also, if they add interest post-judgement (not sure if my agreement says they can), will the value of the CCJ just keep rising? Or is it fixed at what the court issue?

    edit: Just got approved for another £1500 overdraft, so could possibly pay that straight into the credit card.
    Last edited by 1NightInIbiza; 23 October 2013, 01:35.

  • #2
    Re: CCJ - Cost to process?

    Woah!!! Slow down!

    They've only just defaulted you, it would take a while to actually get to court, despite their threats, which are to scare you into paying.
    It's unlikely they'd roll these into one court claim, being a Credit Card and an overdraft.
    Can you give us more info..
    Which bank is it?
    How much is on the CC and how much on the OD?
    When was the card taken out..was it pre 2007? Have you sent a CCA request for it?
    Any PPI on the card?
    Depending on the responses, the card would probably be easier to defend in court than an overdraft, so if an F&F was involved I'd do it for the OD first.

    The default Notices. What was the date on them, what date did they require payment and did they include an OFT information sheet?
    At least once they've terminated you won't get any further interest/charges added to bump it up.
    Even once they issued, there's lots of pitfalls for them along the way, plus you could go for mediation/a Tomlin Order or F&F at any stage up to a CCJ.

    Let us know more details then we can give a fuller answer

    Elsa x

    Comment


    • #3
      Re: CCJ - Cost to process?

      I agree with Elsa...you're jumping the gun here and making assumptions which may not even happen.

      Another point...why are you having conversations and stroppy email exchanges with them? Everything IN WRITING only...can't emphasise that enough!
      Let your smile change the world but don't let the world change your smile


      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • #4
        Re: CCJ - Cost to process?

        Haha! thank you

        I thought it would be fairly straightforward to go to court? They know I can't and won't pay (my income is 1/3 of what it was). Their arrears person on my doorstep (wouldn't let him in) very quickly seemed to realise I wasn't going to be paying (£100 a month just for one account, could never afford that!) and got quite aggressive and kept saying "well it'll go to court then" so I said yep and fine, then he was saying 'doesn't that bother you, we can come to an arrangement' etc - but with the amounts I can't see them not taking them to court!

        It's Nationwide. Credit card is showing online as £4440 but that includes some late, overlimit & default fees/interest etc. Limit was £4200, I actually spent about £4300.

        Overdraft is £3200 exactly, not including fees. Account has disappeared from online banking.


        Card was taken xmas 2011. Current account was Aug 2011 I believe. The actual overdraft being added to the account was December 2012. As I recall online banking said I could have £2550 so I took that, then I went through again a few days later and went to £3k then £3500 a few days after that.

        No PPI

        For the current account, there was a 3 week gap between the default notice date and payment (payment is due 7th November I believe).

        The card 'final notice' arrived on Saturday and gave me 72 hours to pay the lot. It was dated for last Thursday. They also left a voicemail on my landline on Saturday (never use the thing) saying to call them. Haven't heard anything else, presume default notice is in the post! Haven't had today's yet.

        There was a guide sheet included yes, think it was OFT. Did check against the default thread last week - all seems fine, unfortunately.


        I'm just worried if it's bumped up to over £5k I'll be in a worse position than say if it's for £4998! Which is pretty ridiculous to be honest, but I suppose the line has to be drawn somewhere. There's other accounts that are probably going to go into default, I'd rather pay say £500 from one of those onto the card. I can't afford that either, but to prevent the 5k barrier - even if it means an extra default (the number of defaults seems to be irrelevant for renting purposes - just the £5k barrier on a single default that matters).

        RE: Writing, does email count? Out of interest, the man got pretty aggressive when I said I'd only deal in writing (since they turned round on the arrangement to pay I'd made over the phone before!) and said "why do you need it in writing? You know what you owe. Over three thousand... you have to pay it and come to an arrangement".

        The emails are to their complaints team, they keep spamming me with rubbish, but have totally ignored my offer (it was only a quid, but expected a response!). It was just regarding the wording of their voicemails and letters 'despite our efforts to write to you' - but they don't pay any attention to what I write back! Oh and they'd only be getting 3k if I won the lottery on Saturday night. Probably wasn't the best idea!

        I'll keep it to legal templates now!

        Comment


        • #5
          Re: CCJ - Cost to process?

          Originally posted by OneNightInIbiza View Post
          I'll keep it to legal templates now!
          Yep, good call mate.
          When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.



          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment


          • #6
            Re: CCJ - Cost to process?

            the whole point of keeping it all in writing is so they cant try to fob you off with exactly the same bullshit as that guy said to you at the door. "why do you need it in writing you know what you owe" they wouldnt dare say that in a letter because they know that it would be considered harrassment.

            Forget emailing anyone, keep everything on paper.
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment


            • #7
              Re: CCJ - Cost to process?

              Thank you for the replies. Still heard nothing at the moment.

              As I'm renting (original reason for this thread) CCJs over 5k = instant decline. Under 5k then it'll be accept with guarantor, and if it stays as defaulted but not CCJ (I thought very unlikely!) then they'll never know.

              I've been told by others if I pay them and co-operate, it'll go to default status and possibly avoid CCJ - hence avoiding any public record. Due to my career I'd rather avoid CCJs if I could, but short of winning the lottery I can't pay anything at the moment

              Obviously there is varying degrees of 'co-operation'. When I did work I saw customers paying £1 a month on 8k, but to random catelouge companies I've never heard of. Even at my age (20s), £1 a month on just N/Wide's would never pay the lot back. I'm assuming that's why they've ignored the offer. I know default status wipes off credit file after 6 years, but I've read a CCJ can be gained at any time?

              So if I was to pay £1 a month for a year, 2 years, 10 years... since it never becomes statute barred, they can still just demand more once I get a good job, I say no, then they go to a court and get a CCJ? Which then means this could be affecting my credit file for 6 years now, then 6 years when the CCJ is issued!? So as it's not possible to pay immediately, it's better to just ignore them and see what happens? .

              Also would you ever get banking/a card with someone you have previously owed money to (whether it has gone to CCJ or not). E.g. Say Nationwide in my case, would they give me accounts in 10 years time? (Assuming good income/rebuilding credit file etc)

              Comment


              • #8
                Re: CCJ - Cost to process?

                Someone's scaring you here. We won't let them just CCJ you. It's what we do best

                try to haggle for lower repayments by ignoring them and either make a F&F offer later to the dca, for around 20-30% of value or wait till it's sold to a dca then offer £1pm

                a ccj is totally avoidable if you don't jump in two footed
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                • #9
                  Re: CCJ - Cost to process?

                  hahaha! thanks!

                  If a DCA did accept lower payments, what happens in terms of it coming off my credit report? Is it 6 years from default date?

                  It's (with everyone else added in) a large amount of money so the fact of it being owed for ever is worrying! I guess that's the advantage of bankruptcy? edit: (Not that I'm considering that, due to career!)

                  Comment


                  • #10
                    Re: CCJ - Cost to process?

                    Well the way we tend to play it here is to blag it using UE until the legal threats become real at which point try and settle. Say you owed £5k, it's easy to settle for £1-2k at times but you have to play hardball until then and also save up for the anticipated F&F. That way it's gone after the 6yr default.

                    If you enter any repayment plan it won't matter. The default is the original entry and once it's gone (6yrs) the whole entry goes. They can't add a new one for the repayments (if applicable) as a default supersedes all entries and the fact was, you defaulted so that's it. When it's gone it's gone forever.
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment


                    • #11
                      Re: CCJ - Cost to process?

                      Ahh that makes sense. So could still only be looking at it affecting me for 3 years (credit wise) and 6 for a mortgage, once they finally all bother to default. Not too bad!

                      Just waiting for their next move then.

                      It's like a big game of chess!!

                      Comment


                      • #12
                        Re: CCJ - Cost to process?

                        Originally posted by OneNightInIbiza View Post

                        It's like a big game of chess!!
                        I like your analogy
                        Let your smile change the world but don't let the world change your smile


                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment


                        • #13
                          Re: CCJ - Cost to process?

                          Heard from the credit card today.

                          Serving me with a default notice because I haven't paid minimum payments.

                          The thing I'm confused about, is that it lists my card number and current balance (£4437.26) then "Arrears Amount: £122.35". My credit limit was £4200. So should the arrears amount not be £237.26? Or are they just focusing on the payments that have been missed (which may or may not total £122.35, I've no idea).

                          As even if I were to pay £122.35, I'd still be over my limit and getting hounded etc

                          Also got a reply from collections about my complaint and them not taking my offer. They're getting back to me by the end of next month

                          Comment


                          • #14
                            Re: CCJ - Cost to process?

                            sounds like a dodgy default, file it carefully away

                            it's of use if they try to enforce through the court

                            Comment


                            • #15
                              Re: CCJ - Cost to process?

                              Interesting. Thank you I await their next move!

                              No doubt for the original the current account this time next week!

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