default registered after obtaining ccj?

[louiser123]

hi guys and gals,

i have a situation with sygma credit card/creation which has been handled by drydens solicitors.

back in 2009 i defaulted on the card, they did send a termination notice but no default notice, drydens took this over and after refusing to accept anything less than an arm and a kidney as monthly payment i couldnt afford thay went for a ccj, again insisting on same payment after ccj was granted even though i sent in statement of affairs which showed i could not afford that amount but court still went with it. subsiquently i was unable to pay and they then went for charging order (form j i think as its joint property but debt in my name only).

now my problem is this, sygma have been reporting this account on all credit files as not defaulted and some payments on time (when i paid what i could afford) and some 1-5 in arrears but never defaulted. now i knew eventually they would place default on the files and they have with a default date of dec 2012! the ccj was granted for this on 15/12/2010. so they have marked it defaulted two years after obtaining ccj.

my 2 questions are-
1, am i right that they cant register a default after the ccj date this should have been done prior to that date?

2 most importantly is it not illegal for them to obtain a ccj and the subsequent charging order if the account was not in default.?

any info or advice would be greatfully appreciated

[Never-In-Doubt]

Re: default registered after obtaining ccj?

Ahh but you're confusing a default of account with the marking of a credit record default.

The first is covered under s.87/88 CCA1974 and explains the default, how to remedy it and when by.

The second, which affects you is the recording of an entry with the CRA - this has no boundaries. Lenders follow GUIDANCE issued by ICO/OFT (Default issuance technical guide).

You could complain to the ico that its unfair but I doubt they'll do much.

You should have some to us at CCJ point as we'd have helped you not get it!!

[gravytrain]

Re: default registered after obtaining ccj?

hi guys and gals,

i have a situation with sygma credit card/creation which has been handled by drydens solicitors.

back in 2009 i defaulted on the card, they did send a termination notice but no default notice, drydens took this over and after refusing to accept anything less than an arm and a kidney as monthly payment i couldnt afford thay went for a ccj, again insisting on same payment after ccj was granted even though i sent in statement of affairs which showed i could not afford that amount but court still went with it. subsiquently i was unable to pay and they then went for charging order (form j i think as its joint property but debt in my name only).

now my problem is this, sygma have been reporting this account on all credit files as not defaulted and some payments on time (when i paid what i could afford) and some 1-5 in arrears but never defaulted. now i knew eventually they would place default on the files and they have with a default date of dec 2012! the ccj was granted for this on 15/12/2010. so they have marked it defaulted two years after obtaining ccj.

my 2 questions are-
1, am i right that they cant register a default after the ccj date this should have been done prior to that date?

2 most importantly is it not illegal for them to obtain a ccj and the subsequent charging order if the account was not in default.?

any info or advice would be greatfully appreciated

Have they been adding interest to the judgment sum ?

[louiser123]

Re: default registered after obtaining ccj?

thanks guys no no interest has been added.

niddy- surely they cant mark the account as defaulted in dec 2012 when they obtained a ccj for it in 2010? i always thought the default date had to be before the ccj date they cant default it afterwards two years later surely? that means the ccj will drop off in 4 years but the actual account it relates to will stay for another two im confused!!!!

[Never-In-Doubt]

Re: default registered after obtaining ccj?

If they defaulted you in line with s.87/88 then that allows them to terminate and enforce. If not they can't.

You're talking about a credit record entry. I'll explain.

You get defaulted for missing 3 payments and they then take you to court and obtain a CCJ. At that point you make an agreement to repay the debt. So you've only missed 3 payments at the point of court so your credit file will read a [1], [2], [3].... However as you've now come to an agreement the CRA entry at month 4 should show an AP marker or a green [0] as the DEBT side of things is still active.

See what I'm saying?

However if you complain to the ico and argue that they defaulted on X date (the date they issued a DN in line with s.87/88 in 2010) and have not updated the CRA record correctly then you might get somewhere. But it is a blag, sadly.

[Riz]

Re: default registered after obtaining ccj?

Although guidelines as said are only guidelines, they do quite clearly say.......

Relationship of defaults to CCJs, decrees, bankruptcies, IVAs and similar arrangements

46 We do not see any inconsistency in filing defaults relating to debts which the lender has also tried to recover through a CCJ or decree. Of course, the default must not be filed as being after the date of the CCJ or decree.

Definitely worth complaining. And then referring to both the ICO and FOS if no joy. You have nothing to lose by doing so.