Default & CCJ help please?

[omissimo]

Re: Default & CCJ help please?

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

Yes, 3 months after. It states "because we have not been sending you notices or reminders of the outstanding balance, we are waiving payment ..and you have nothing further to pay".

It also says we contacted you by post & email with the details. Obviously the letter has gone to the wrong address but that doesn't explain the email.

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.

For the credit card it states that the account is settled.

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.

When I contacted them through their website about the incorrect address, I was told that it's been passed to their collections dept.

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

None

[PlanB]

Re: Default & CCJ help please?

It states "because we have not been sending you notices or reminders of the outstanding balance, we are waiving payment ..and you have nothing further to pay".

I'm happy to hear this. A creditor who's waived payment of a debt. Lucky you, especially when they can probably remedy the misdemeanour to which they refer.

If they've waived payment of your account then why have you sent them a CCA request to see if it's unenforceable since they're obviously not going to try to enforce it and you've got that as evidence in 'writing' (you've saved a screen shot I presume)?

[omissimo]

Re: Default & CCJ help please?

I'm happy to hear this. A creditor who's waived payment of a debt. Lucky you, especially when they can probably remedy the misdemeanour to which they refer.

If they've waived payment of your account then why have you sent them a CCA request to see if it's unenforceable since they're obviously not going to try to enforce it and you've got that as evidence in 'writing' (you've saved a screen shot I presume)?

This was for a credit card I had with them. They settled this account but defaulted me on the OD I had on my current account. The message was visible when I logged in online, it didn't specify which account. I saved screenshots

[Pixie]

Re: Default & CCJ help please?

Well done on saving screenshots. However, if your account was over the OD limit and you last paid anything into it a year ago then it's likely that the default is valid. I've no idea why the CRA should have a different address listed nor how you can see anything relating to an address that isn't linked to you.Send the OD CCA request Niddy (Never-In-Doubt) provided the link for.

[CleverClogs (RIP)]

Re: Default & CCJ help please?

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

I do not believe that anyone is confused about these matters, with the possible exception of yourself.

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.

As the account and overdraft date from 2000, that s78 letter might also be inappropriate as the changes to the Consumer Credit Act 1974 had not even been considered at that time. Send the request anyway!

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

About the default, I suspect that there is nothing much you can do about it, unless you can shew it could have been the result of identity theft.

Have you checked your account online, to ensure that the payments made from the account were all ordered by you?

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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.

No, that's not quite correct.

There is actually bugger all you can do 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?

No and no, respectively.

You won't be able to establish that the loan was UE as the creditor is under no obligation to supply a copy of the agreement and, no, even if you could establish that the agreement should not have been capable of being enforced, it is far too old to get a Court to set aside the judgement.

You might have a slight chance if - and only if - you'd been confined to a mental hospital at the time.

[omissimo]

Re: Default & CCJ help please?

and only if - you'd been confined to a mental hospital at the time.

I don't know what you're trying to imply but I think a site moderator should set a better example!

[SXGuy]

Re: Default & CCJ help please?

Cloggy doesnt mean any offence, just ment you would need a pretty good excuse to get it set aside after such a long time.

[CleverClogs (RIP)]

Re: Default & CCJ help please?

I don't know what you're trying to imply but I think a site moderator should set a better example!

I did not seek to imply anything; if you had ever been in a mental hospital, you have my sympathies.

Cloggy doesnt mean any offence, just ment you would need a pretty good excuse to get it set aside after such a long time.

Exactly.

To get to get a judgement set aside or to appeal against a judgement after so many years, the defendant would have need a better reason than merely his not being aware of the claim at the time. Even if he had been in gaol or overseas, he could have obtained representation to fight the case, so he'd probably have to shew he was not quite compos mentis at the time of the claim.

[PlanB]

Re: Default & CCJ help please?

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.

Have you ever made a PPI and/or bank charges claim against Cahoot on your credit card and overdraft in the past?

There's someone with the same username who posted on three other forums about a court claim they initiated in 2007 which seems to have stalled or settled after Abbey (as it was then) made an offer. This poster then went to work overseas (Japan) for a year which is similar to your reason for getting the other CCJ while you were "working away from home" so not getting the paperwork.

I apologise if I've got the wrong omissimo but the co-incidence was too great to ignore especially if it helps us to get a fuller picture of your problem so we can help you in an even better way.

[omissimo]

Re: Default & CCJ help please?

Have you ever made a PPI and/or bank charges claim against Cahoot on your credit card and overdraft in the past?

There's someone with the same username who posted on three other forums about a court claim they initiated in 2007 which seems to have stalled or settled after Abbey (as it was then) made an offer. This poster then went to work overseas (Japan) for a year which is similar to your reason for getting the other CCJ while you were "working away from home" so not getting the paperwork.

I apologise if I've got the wrong omissimo but the co-incidence was too great to ignore especially if it helps us to get a fuller picture of your problem so we can help you in an even better way.

Hi Plan B, yes that was me. Was that on the MSE or CAG forum?

[PlanB]

Re: Default & CCJ help please?

The other forums didn't seem to have helped you much at the time

Did the PPI claim eventually settle which is why Cahoot wiped out the balance on your credit card by way of a refund? If so did they pay you what you were claiming i.e. enough?

If it was more than the credit card balance maybe they used the extra to extinguish your current account overdraft which is why they said no balance owed? I'm not sure they're allowed to do that.

Let's take a look at that PPI/bank charges issue first in case it has some baring on the Default. Sometimes when a settlement is done you can ask for the Default to be removed especially if you were only over your limit etc due to the unlawful PPI or interest and charges.

We have some brilliant PPI experts on here who can double-check the figures for you.

I may be barking up the wrong tree with all this, but at least eliminating it from our enquiries will help things to become clearer.

Plan B x

[omissimo]

Re: Default & CCJ help please?

The other forums didn't seem to have helped you much at the time

Did the PPI claim eventually settle which is why Cahoot wiped out the balance on your credit card by way of a refund? If so did they pay you what you were claiming i.e. enough?

If it was more than the credit card balance maybe they used the extra to extinguish your current account overdraft which is why they said no balance owed? I'm not sure they're allowed to do that.

Let's take a look at that PPI/bank charges issue first in case it has some baring on the Default. Sometimes when a settlement is done you can ask for the Default to be removed especially if you were only over your limit etc due to the unlawful PPI or interest and charges.

We have some brilliant PPI experts on here who can double-check the figures for you.

I may be barking up the wrong tree with all this, but at least eliminating it from our enquiries will help things to become clearer.

Plan B x

It was for a charges claim. From what I can remember, it was so long ago, I either received some charges back or nothing at all. I think the credit card got dropped because during the charges claim they froze the account while it was in dispute. Hence them not sending any communication or asking for payment. I guess it was too late for them to do anything about it now.

I was still using the current account until about a year and a half ago, I wasn't over the limit but I was using the OD. I changed banks and was going to pay off the OD until an interest charge took me a few pounds over the limit and then they levied over £200 of charges.

They haven't cleared the balance of the OD, this is what the default is from. It was issued last year so not a result of the original charges claim. Although I received the message saying 'nothing further to pay' I can only assume that was just relating to the credit card (although that wasn't indicated).

thanks and I appreciate your help.

[PlanB]

Re: Default & CCJ help please?

Thanks for the update

It seems the credit card issue is done and dusted which probably explains the write-off of the balance outstanding. If it was me I would want to know how they got to their calculations using a SAR for information. Have you been refunded adequately?

The current account overdraft is a separate issue. Can you tell us whether you actually progressed your claim against them for unfair bank charges? Your posts on other forums suggest this issue may/may not have been wrapped up in the same PPI legal proceedings (against your credit card) which you issued in 2007.

I think the bottom line is what exactly are you wanting to achieve?

I sense the overdraft Default on your CRA file may be the only real/current problem. If so what is the date of the Default (since they automatically drop off 6 years after they're added) and do you have immediate plans to apply for credit so this Default may be an issue?

[omissimo]

Re: Default & CCJ help please?

Hi Plan B,

It's been a while!

I finally received a response to the SAR request for information but not the CCA request. The information sent included a copy of the original agreement so I'm assuming they think this info answers both requests.

I also sent the data protection letter, I have not received a response to that either.

The only useful information, that I can see from the documents, is that the agreement clearly states that the CCA 1974 applies to both my credit card AND current account. The agreement is also only signed by them once. Cahoot as the 'Initial Creditor' but not by ANCL as the 'Substituted Creditor'.

I can also see that they have levied multiple OD charges on the same day. I thought only one charge per day was allowed?

The total owed on the statement is £1,200. However, the collection agency chasing me is demanding £990. It appears that they have removed the charges. My OD was £1,000 so the amount owed is within the agreed amount. They have spun my account up with charges, sent letters to the wrong address, defaulted me, put me into collections and then removed the charges. If they hadn't levied these charges in the first place my account would have been within limit and I wouldn't have a default against me.

There is also no information relating to the incorrect address or how they come to have it. It is just listed as my current address. None of the correspondence shows a change of address request from me (which is accurate because I didn't ask).

Please advise on how I should approach this now? My aim is to have the defaults removed as the correct process has not been followed. The first default was July 2014.

[Never-In-Doubt]

Re: Default & CCJ help please?

This "incorrect address" - do you actually know it? For instance, is it your parents address? If so then forget this argument. They have linked you via tracing methods and it's perfectly acceptable to write to your known address or a known previous / likely address.

If you don't get their letters because for example you'd moved and not told them, they'd win that argument. Similarly, if you've not moved but you ignored them so they wrote to a family member - you'd lose that too. The only thing that *might* give any cause for complaint (thus a likely £75 compensation payment at best) would be if they just started writing to a random address unknown by you.

Regards the default, with an overdraft they can add a default within 6 - 9 months from date of annual renewal. So to explain; if your overdraft renewal was 10th January and you stopped using the account after maxing out the OD in say the June; the bank don't classify a breach until AFTER the renewal. So if you last used the account in June 2012 with a renewal not due until January 2013 - the bank might not default you until the following October (+ 9 months from renewal). So October 2013 - even though you last used the account June 2012.

In some situations they'll reapply your OD for another year meaning the example above COULD read last used June 2012 but they renew the OD in Jan 2013 and don't actually default you until the October (2014) which is an astonishing 2.5yrs AFTER last usage.

You need to walk away sadly. Anything you try & do will be futile in my opinion. Just take it on the chin & move on. Sadly, you're too pissed off way too late in the day to effect any meaningful change. Period.