Old and New Debts

[snowy]

Hello,

This is the first time I have posted here so apologize if similar questions have already been asked on the same subject.

I have two blocks of debt -

Old Debts

First block from a period in the late 1990s. These consist of 6 creditors and I make regular monthly payments towards these as originally arranged back in the day. .Only two of these are CCJS. Four were defaulted accounts. The total balance remaining on all 6 now total roughly £12k. I have no idea what they were for as the occurred such a long time ago and have no paperwork. I pay each creditor by standing order each month and do not receive any yearly statements from the creditors.WSWW

AIC CREDIT £517.40 Paying £1 per month
HL £4519.39 Paying £13 per month
MOORCROFT £1406.47 Paying £3 per month
MCS £3633.72 Paying £10 per month
CKEDRUPT £1611.15 Paying £5 per month
WESCOT £424.35 Paying £1.80 per month


New Debts

Block 2 occurred about 3 years ago when I lost my job. These consist of 8 creditors (combination of credit cards,bank accounts and loans). The total balance remaining on all 9 now total roughly £21k. I make monthly payments towards 6 of these via payments to the CCCS of £50 per month and two that I pay by standing order.

Stand Alone
HSBC £4396 Payments £19.18 per month (CCJ)
Expertocredite £320 Payments £10 per month

Part of Debt Management Plan
Barclays Bank £746
Halifax Loan £7092
Halifax Bank £1376
Capital One £933
Halifax CC £2213
Link Financial £3093
Wonga £1050


I have never queried any of the charges levied on my bank accounts and credit cards to try and reclaim the charges so that's my first task.
All 8 letters are done thanks to the templates on here and will send them off in the morning with each one a £10 cheque.

As for the older debts i have in the first block - is there anything i could about these. I have never requested to see copies of the Credit agreements and most have been sold on time and time again by now.

Just checking that all the data requests i send in the morning are made out to the original banks/cc companies and not the DCA?

Thanks - any useful advice would be most welcome

[MrsD]

Re: Old and New Debts

are you SARing everyone?

Do you have any of the original paperwork? Do you have PPI on any of the accounts?

Can you list all the debts and let us know a bit more about them just before you spend the 60 quid or so on SARs

[Deepie]

Re: Old and New Debts

& welcome...........

To help us, to help you, please provide the following information for each account:

• Type of account (credit card/loan)
  
  
• Date commenced (ideally before Apr 2007)
  
  
• Approx balance
  
  
• Date last paid (approximate date you last made a FULL payment)
  
  
• Are you on arrangement or not paying
  
  
• Status (default/in arrears/up-to-date)
  
  
• Account owner (who is writing to you, a DCA or the lender)

Providing the above information, for each account helps us. Then, when you start the process lay your diary out in a format like this example

---> Example of perfect layout

Hold fire before sending anything
Why are you sending £10 for each one ?

[PriorityOne]

Re: Old and New Debts

Where you've got a CCJ the judgment supersedes any agreement so they don't have to reply to a CCA request and in any case it would be too late for UE.

It's still worth doing a CCA request though. If these debts have been sold over again, there's a good chance that no-one has details of the CCJ now.

[PriorityOne]

Re: Old and New Debts

What would you achieve with a CCA request once you have a CCJ?

It tends to flush out details that a company either does or doesn't have.

[snowy]

Re: Old and New Debts

Thanks for all your replies, Really useful.

I will start a diary

I was intending to send a SAR to the newer debts. Mainly Halifax/HSBC/Barclays/Cap One/Link Financial as I'm sure i can claim the charges/defaults back.

I cant SAR the older ones in as I've no idea where to start ie who was the debt originally with, dates of default etc. As i'm making payments on all my debts I may contact the Debt Companies to establish dates/balances etc and when either a ccj was registered or whether they were just defaults.

Do you think thats a good way to start?

[PriorityOne]

Re: Old and New Debts

...although CCJs older than 6 years won't show up.

[snowy]

Re: Old and New Debts

Thanks for all your useful advice. Ive now started a diary here

Snowy's Diary - allaboutFORUMS

I have just been ringing round the "old" debt creditors. One account i have been paying £13 per month regular for over 10 years now. When i rang they couldn't find me by name/account or postcode. I then tried ringing again an hour later and the same happened. Not sure if this was a CJJ or not.

1. Should I just stop paying and await any letters to come through?

2. If i stop making payments on these old accounts will they come back to haunt me and can they register new defaults etc?

3. Have a look at my diary and see if you could offer any help or advise please. All 15 debts are up.

[SXGuy]

Re: Old and New Debts

they cant register new defaults so dont worry, can only default once per account.

If they are not showing on your credit file, you were defaulted years ago, inwhich case, id get those CCA Requests off soon as possible, because if any are UE, you could be happier than a pig in sh*t lol

[Never-In-Doubt]

Re: Old and New Debts

It tends to flush out details that a company either does or doesn't have.

Not after judgment as s.78 then holds no legal weight and can be ignored in totality.

Best way to remember is post judgment = forget cca.

Sorry but there's absolutely no use in sending one post judgment. It'll just make you look like you're clutching at straws

[snowy]

Re: Old and New Debts

So am I right in thinking that the old pre 2000 ccjs will continue to be paid as usual then? maybe trying to opt for a full + final settlement from then, hoping as they are that old they may accept a really low amount?

[Never-In-Doubt]

Re: Old and New Debts

So am I right in thinking that the old pre 2000 ccjs will continue to be paid as usual then? maybe trying to opt for a full + final settlement from then, hoping as they are that old they may accept a really low amount?

Yea, exactly. I have updated your diary - head there

[PriorityOne]

Re: Old and New Debts

Not after judgment as s.78 then holds no legal weight and can be ignored in totality.

Best way to remember is post judgment = forget cca.

Sorry but there's absolutely no use in sending one post judgment. It'll just make you look like you're clutching at straws

Yes I know that and you know that.... but if no-one has any records of a CCJ, then it's down to them to prove there was one. Some of these accounts have been sold many times over....

My thinking is constantly outside the box with these people. Sometimes it pays off and sometimes it doesn't but it's worth a shot, IMO.... and there's nothing to lose by having a go.

[Never-In-Doubt]

Re: Old and New Debts

Yes I know that and you know that.... but if no-one has any records of a CCJ, then it's down to them to prove there was one. Some of these accounts have been sold many times over....

I know what you're saying but there is always a record of a CCJ registered at Trust Online so any debtor unsure whether they have one ought to check that and list all their addresses.

The point is, you may well have a CCJ that you do not know about and so lets assume it's 5 odd years old then you go and send in a CCA - they will be able to enforce the CCJ. The CCA Request holds no legal weight, plus an account that has a CCJ to creditor A should remain with that creditor as selling it to creditor B would be futile based on the debt already being secured.

Granted, if you can hide/sit out 6 years the creditor will find it hard to convince a judge to enforce (i.e. why has it taken 6 years etc) but the fact remains a s.78 can (and will) be ignored.

As I say, I'm all for thinking out of the box, but we have processes in place for one reason and one alone - to ensure the consumer gets the right help and support and unfortunately this would not be something we promoted here for the reasons above

Nice idea, but sadly the law is against us on that point.

[PriorityOne]

Re: Old and New Debts

I know what you're saying but there is always a record of a CCJ registered at Trust Online so any debtor unsure whether they have one ought to check that and list all their addresses.

The point is, you may well have a CCJ that you do not know about and so lets assume it's 5 odd years old then you go and send in a CCA - they will be able to enforce the CCJ. The CCA Request holds no legal weight, plus an account that has a CCJ to creditor A should remain with that creditor as selling it to creditor B would be futile based on the debt already being secured.

Granted, if you can hide/sit out 6 years the creditor will find it hard to convince a judge to enforce (i.e. why has it taken 6 years etc) but the fact remains a s.78 can (and will) be ignored.

As I say, I'm all for thinking out of the box, but we have processes in place for one reason and one alone - to ensure the consumer gets the right help and support and unfortunately this would not be something we promoted here for the reasons above

Nice idea, but sadly the law is against us on that point.

There have been instances of companies claiming to have a CCJ when they haven't and as they're only shown on Trust Online for 6 years, it would be down to the pursuing company to prove their assertion. That's where I'm coming from on this.

No worries though...