Default & CCJ help please?

[omissimo]

Hi,

If anyone can offer some help or advise on the situation below I'd greatly appreciate it.

I have been given a default by Cahoot (santander) for an overdraft on my current account. The account went over the limit (£1,000) because of a small interest charge and then they stacked in up with loads of charges so I ‘owe’ £1,250. I’ve had the account and overdraft since around 2000 when they launched.


I’ve sent a CCA letter over a month ago and still had no response. I’ve sent a follow up letter today.


I checked my credit report on Noddle and the address they have listed is not mine and I have never provided this to them. I’m assuming all correspondence relating to the default has been sent to this address so I haven’t received any of it. They have never contacted me by phone or email even though they have the correct details.


I also have a CCJ from 2011 for a loan. It was for an educational course, I was made unemployed and couldn’t make the payments. I didn't get the letters in time, they were going to my mum's address. she'd just gone through a nasty and lengthy divorce and went away for a while. As soon as I got them I contacted to arrange payments but they'd just posted the claim. Missed it by 1 day, gutted! Anyway, can I use the CCA to check the loans enforceability (I didn’t do this previously), if it turns out to be unenforceable can I get the CCJ removed? Or anything else I can do?

Thanks.

[Never-In-Doubt]

Re: Default & CCJ help please?

Hi & Welcome

first - regards the CCA did you send the overdraft version as a normal s.78 isn't relevant?

Read here --> http://forums.all-about-debt.co.uk/s...CA-Information

Second question - short and simple answer is no. You'll struggle to get the CCJ removed now, whether you pay it or don't the entry will be removed from Trust Online (CCJ Registrar) after 6 years. Sorry but the criteria for an application to set aside a CCJ wouldn't apply based on what you've said above, in my opinion.

[PlanB]

Re: Default & CCJ help please?

To get the CCJ set aside you would have to prove that there was a legal procedural error such as service of the summons to an address at which you didn't live. Was you Mum's address the creditor's last known address for you? If it was then I can't think of any reason for a set-aside. You can't have a second chance simply because you missed your mail and so missed the boat.

If there was a procedural error then you can apply for a set-aside but you would also have to demonstrate to the court that you have an arguable Defence if the claim were to be reinstated. That's when the UE argument could be relevant.

[Never-In-Doubt]

Re: Default & CCJ help please?

The CCJ will not be set aside now. It's almost 3 years and the defendant was aware of the judgment hence that's not an option. You only really have a handful of weeks immediately following a case to submit such an application.

Lets not confuse matters. The CCJ here is just too old.

[omissimo]

Re: Default & CCJ help please?

Hi & Welcome

first - regards the CCA did you send the overdraft version as a normal s.78 isn't relevant?

Read here --> http://forums.all-about-debt.co.uk/s...CA-Information

Second question - short and simple answer is no. You'll struggle to get the CCJ removed now, whether you pay it or don't the entry will be removed from Trust Online (CCJ Registrar) after 6 years. Sorry but the criteria for an application to set aside a CCJ wouldn't apply based on what you've said above, in my opinion.

1. No, I sent the standard one. So I should start again with the the one you linked to? what about the fact they have the wrong address which does not belong to me?

2. So it's a slim chance of getting the CCJ removed. If I found that the agreement was unenforceable would that at least give me a better position to negotiate a settlement?

[PlanB]

Re: Default & CCJ help please?

I only have one question which you have not yet answered.

Did you or did you not give the creditor/claimant of your 2011 CCJ your change of address from your Mum's home or were you officially living there as far as they were concerned at the time the court summons was issued?

Everything depends on your answer to my question.

[omissimo]

Re: Default & CCJ help please?

I only have one question which you have not yet answered.

Did you or did you not give the creditor/claimant of your 2011 CCJ your change of address from your Mum's home or were you officially living there as far as they were concerned at the time the court summons was issued?

Everything depends on your answer to my question.

I told them that I was working away from home but the address for my mum was correct.

The default and CCA question is regarding a separate bank account.

[PlanB]

Re: Default & CCJ help please?

I told them that I was working away from home but the address for my mum was correct.

Okay, sadly that means you have no chance of getting that CCJ set-aside based on erroneous service

I see no point in sending them a CCA request to check if the original credit agreement was unenforceable because there's nothing you can do about it now even if it was UE.

Don't torture yourself with what might have happened if you'd known in time. Probably best not to know so as not to kick yourself ever after

Plan B x

[omissimo]

Re: Default & CCJ help please?

Ok it seems that I have confused matters by asking about two separate things in this thread.


Cahoot is a current account with OD, they have the wrong address for me which I didn't give them and is not mine. The account went into unauthorised OD because of an interest charge and then they spun it up with other charges and have now put me into default. I sent CCA letters but it appears that was the wrong letter to send. I've found another one relating to current accounts.


The question is - with them serving the default to an incorrect address what can I do about it?


The loan was a few years ago. I got a CCJ for it. I didn't check the enforceability at the time. The address was correct although I was working away from home at the time, hence missing the letters. It sounds like there isn't much that can be done about it now.


The question is - if I find that the loan was unenforceable would that at least give me a position to negotiate a settlement?

[PlanB]

Re: Default & CCJ help please?

The loan was a few years ago. I got a CCJ for it. I didn't check the enforceability at the time. The address was correct although I was working away from home at the time, hence missing the letters. It sounds like there isn't much that can be done about it now.


The question is - if I find that the loan was unenforceable would that at least give me a position to negotiate a settlement?

I don't think it would because you can't threaten them with anything even if the loan was unenforceable prior to the CCJ. Once the CCJ was granted it was game over. End of conversation. As far as they're concerned you can't touch them legally so what's to negotiate?

Having said that if you're in a position financially to make them a settlement in a lump sum payment instead of years and years of low monthly instalments then they might be prepared to grab the money now even if it's less that the CCJ amount.

How much is the CCJ and is it a 'forthwith' or instalment Order? If it was the latter, then since this was in 2011 they can't get a charging order on your property (if you are or become a homeowner ever) unless you miss a payment.

[omissimo]

Re: Default & CCJ help please?

I don't think it would because you can't threaten them with anything even if the loan was unenforceable prior to the CCJ. Once the CCJ was granted it was game over. End of conversation. As far as they're concerned you can't touch them legally so what's to negotiate?

Having said that if you're in a position financially to make them a settlement in a lump sum payment instead of years and years of low monthly instalments then they might be prepared to grab the money now even if it's less that the CCJ amount.

How much is the CCJ and is it a 'forthwith' or instalment Order? If it was the latter, then since this was in 2011 they can't get a charging order on your property (if you are or become a homeowner ever) unless you miss a payment.

There's £2,000 left to pay, I've been paying installments. I asked for an early settlement offer but they refused and said they won't negotiate.

[PlanB]

Re: Default & CCJ help please?

I have been given a default by Cahoot (santander) for an overdraft on my current account.

. . . . I’ve sent a CCA letter over a month ago and still had no response.

I checked my credit report on Noddle and the address they have listed is not mine and I have never provided this to them. I’m assuming all correspondence relating to the default has been sent to this address so I haven’t received any of it. They have never contacted me by phone or email even though they have the correct details.

Are you saying you only know this overdraft account has been defaulted because you've seen it on the CRA file but not received the DN through the post?

You say they have a different address from where you actually live showing for you on your CRA file. I think you're asking whether the default would be valid if they served it on you at a different or wrong address. My question would be what is the bank's "last known address" for you because that's the address they should be using for service. They cannot serve a DN by email or by phone (obviously) so the fact they've not contacted you this way may not help you.

However you have recently sent a CCA request presumably from the address where you now live so they'll update their records accordingly.

You also say you've never provided them with the address which they have you registered under on the CRA file, but is it an address you recognise or is it a random address of a third party you've never heard of? Can you think of any reason why they would register that address?

You opened the account in 2000. When did you last pay anything into it? Are they still sending statements or do you view the account through online banking only?

[Never-In-Doubt]

Re: Default & CCJ help please?

1. No, I sent the standard one. So I should start again with the the one you linked to? what about the fact they have the wrong address which does not belong to me?

I would, yes.

2. So it's a slim chance of getting the CCJ removed. If I found that the agreement was unenforceable would that at least give me a better position to negotiate a settlement?

Its irrelevant. The CCJ is now active so you cannot now appeal retrospective processes - you should have defended it at the time, sadly.

Whether you pay or don't the CCJ stays for 6 years. There are rules for removal and simply, that is pay within 28 days of judgment occurring. The lender cannot remove statute notices such as a CCJ - they have no control.

[omissimo]

Re: Default & CCJ help please?

Are you saying you only know this overdraft account has been defaulted because you've seen it on the CRA file but not received the DN through the post?

- Yes, I haven't received anything from them. I also had a credit card which is marked as settled on my report. The only thing I have was a message on my online account saying they'd closed my accounts and there was nothing more to pay, they didn't indicate a specific account so I could only assume it was both.

You say they have a different address from where you actually live showing for you on your CRA file. I think you're asking whether the default would be valid if they served it on you at a different or wrong address. My question would be what is the bank's "last known address" for you because that's the address they should be using for service. They cannot serve a DN by email or by phone (obviously) so the fact they've not contacted you this way may not help you.

- Yes, is it valid if it's the wrong address? I understand they can't serve a default that way, but they usually chase you over the phone if payments are behind.

However you have recently sent a CCA request presumably from the address where you now live so they'll update their records accordingly.

You also say you've never provided them with the address which they have you registered under on the CRA file, but is it an address you recognise or is it a random address of a third party you've never heard of? Can you think of any reason why they would register that address?

- It's not my last known address, it hasn't changed from the one it is currently. I don't know how or why they have it.

You opened the account in 2000. When did you last pay anything into it? Are they still sending statements or do you view the account through online banking only?

- Maybe around a year ago. Everything is online.

[PlanB]

Re: Default & CCJ help please?

I haven't received anything from them. I also had a credit card which is marked as settled on my report. The only thing I have was a message on my online account saying they'd closed my accounts and there was nothing more to pay, they didn't indicate a specific account so I could only assume it was both.

Was that "closed accounts" online notification dated after the default date showing on your CRA file?

If there was a DN which required you to remedy the breach within a specific period of time and you didn't, I understand they could then terminate the account and sell it on to a debt purchaser. At that point your CRA file would show zero balance since you wouldn't owe the original creditor anything, you would potentially owe it to the debt purchaser.

These portfolio sales take a while to complete so accounts can be left in limbo with the CRAs while the old creditor removes their entry and the new one adds their one.

I'm only speculating on what may have happened.

What is your connection with that address where they have registered this debt on your CRA file?