New User asking for some help :)

[Joanna Connolly Solicitors]

• Type of account - Credit Card - AQUA
• Date commenced - UNK
• Approx balance - £668
• Date last paid - 01/07/2020
• Are you on arrangement or not paying - Stepchange DMP
• Status (default/in arrears/up-to-date) - up to date via Stepchange
• Account owner - Robinson Way

I know I might have missed some that I only have paper copies of in storage but if they're not sending me up to date laters at this stage I can only assume they've either gone away or are not being pursued. I should add that I currently pay stepchange £100 a month

Thank you for all the helpful updates.

I would leave alone the ones which have either "gone away" (maybe low value so not commercially viable to pursue you or content with a modest payment via StepChange). Is this the last month you intend to pay StepChange so you can go self-managed?

Once you receive any letters direct from the debt owners post on this thread for suggestions on your next step which may be to do nothing. I wouldn't send any CCA Requests yet, that'll be decided on a case-by-case basis.

Is the Aqua debt now owned by Hoist with Robinson Way acting as their Debt Collection Agent?

The Hoist you've referred to in relation to your other debts does not have FCA authorisation to issue legal proceedings but that doesn't mean they won't try so keep your eye on the ball.

Jo explains this here >

Both of these companies are not authorised by the Financial Conduct Authority to exercise the rights of a lender. They rely on the para 55 FSMA 2000 servicing exemption.

Their cases, or their predecessors Hoist Portfolio Holding 2 Limited and Hoist Portfolio Holding 2 Limited, rarely reach trial in cases we are involved with. They have not been successful at trial with us.

We look forward to using the same legal arguments in the future against Hoist which we used against Idem Capital Securities Limited in the recent successful FCA authorisation Appeal where the Circuit Judge found that the para 55 FSMA 2000 servicing exemption did not allow the unauthorised debt purchaser to issue proceedings in the county court.

The Hoist companies also have issues with their assignment process and documentation.

Di

[Extankman]

Wahey Just noticed this is back working again.

Just wanted to follow up @Di and keep you updated.

Still currently paying Stepchange looking to move on to self managed once I come in to some money around xmas time.

My aim is to pay the ones i must, Capital One and Eon and then stop paying stepchange.

In other news, I had the Indigo Michael (Safety Net) one quashed due to irresponsible lending, they basically just wrote off the outstanding and sent me the diff of a couple of quid and then removed from credit file is imminent.

Hope you guys are all well

Extankman

[Joanna Connolly Solicitors]

Just wanted to follow up @Di and keep you updated.

In other news, I had the Indigo Michael (Safety Net) one quashed due to irresponsible lending, they basically just wrote off the outstanding and sent me the diff of a couple of quid and then removed from credit file is imminent.

Progress!

Di

[Extankman]

Quick question as all my stuff on this progresses;

How would I go about having a CCJ removed if the FOS report has found that the lending was irresponsible and one of the recommendations is to have negative reporting removed?

Many thanks

ExTank

[Joanna Connolly Solicitors]

How would I go about having a CCJ removed if the FOS report has found that the lending was irresponsible and one of the recommendations is to have negative reporting removed?

Do you mean a CCJ (County Court Judgment) or do you mean a Default on your credit file?

From memory all your Defaults are due to fall off your credit file by June this year anyway, or is this a new one?

Creditors/business are obliged to do what the FOS tell them to do when a complaint is upheld. You are not bound by their decision.

Was the Default added by the original creditor (if it is a Default not a CCJ), but is now being reported by a subsequent debt purchaser?

Sorry for all the questions but it's important not to make any assumptions.

Di

[Extankman]

Hi Di,

Wow that was fast

in answer to your questions;

Do you mean a CCJ (County Court Judgment) or do you mean a Default on your credit file? A County Court Judgement

From memory all your Defaults are due to fall off your credit file by June this year anyway, or is this a new one? This is a tricky one. The lender in question never reported it as being "In Default" the worst recording was 6 months in arrears meaning there is no default date so no clear date for removal from credit file. The account ended up being the CCJ which was settled in Sept 2018.

***Edit*** it actually states it will be there until Sept 2024, which is longer than the CCJ will be on file for.

Creditors/business are obliged to do what the FOS tell them to do when a complaint is upheld. You are not bound by their decision. The lender is currently headed for administration but the FOS investigator sent his report across to them in Nov 2020. They did not respond to either myself or the FOS

[Joanna Connolly Solicitors]

Hi Di,

Wow that was fast

in answer to your questions;

The account ended up being the CCJ which was settled in Sept 2018.

The lender is currently headed for administration but the FOS investigator sent his report across to them in Nov 2020. They did not respond to either myself or the FOS

Who is the Judgment Creditor and why/how was the CCJ settled in 2018? Was it a Default Judgment (because you didn't respond to the claim) or did the case go to court and you didn't win?

How much is the CCJ?

I know your current concern is the Default on your CRA file, but I thought I should also ask about the CCJ to see if that was obtained fairly and squarely at the time.

Di

[Extankman]

Who is the Judgment Creditor and why/how was the CCJ settled in 2018? Was it a Default Judgment (because you didn't respond to the claim) or did the case go to court and you didn't win?

How much is the CCJ?

I know your current concern is the Default on your CRA file, but I thought I should also ask about the CCJ to see if that was obtained fairly and squarely at the time.

Di

Judgement Creditor was Amigo. Settled in 2018 as I paid it in full, but well after the 1 month time frame for not having it on CRA. Went to court and I didn't win.

£8121 was the amount.

I suppose you could argue that if the FOS has ruled that the lending was irresponsible then the CCJ was a bi-product of their own misdemeanours

[Joanna Connolly Solicitors]

Judgement Creditor was Amigo. Settled in 2018 as I paid it in full, but well after the 1 month time frame for not having it on CRA. Went to court and I didn't win.

£8121 was the amount.

I had a feeling it might have been Amigo.

Were you the borrower or the guarantor for that loan?

I never raise expectations but I have been looking into these Amigo guarantor loans, do you still have the paperwork for the case

Di

[Extankman]

I had a feeling it might have been Amigo.

Were you the borrower or the guarantor for that loan?

I never raise expectations but I have been looking into these Amigo guarantor loans, do you still have the paperwork for the case

Di

I was the borrower Di. The guarantor was my mum who passed away in 2018.

Not 100% sure on the paperwork to be honest. I'd have to trawl through my files. At the time I went to court without any legal aid because I was naïve and didn't really understand what I was doing. Hindsight I guess

Happy belated birthday by the way

[Joanna Connolly Solicitors]

I was the borrower Di. The guarantor was my mum who passed away in 2018.

. . . . At the time I went to court without any legal aid because I was naïve and didn't really understand what I was doing.

Happy belated birthday by the way

Let me see the FOS Investigator's report as a starting point, you've already got my email address di@joannaconnollysolicitors.co.uk.

Thank you for the birthday wishes - it's never too late to say nice things

Di

[Extankman]

Hi Di,

I hope you're well.

I just thought I'd add, I have another one similar to this from "The Money Shop" "Ladder Loans" whatever you want to call them. They have sent through their letter of admission to irresponsible lending but the negative information is still on my credit file. Is this something else that I can ask to be removed?

Many thanks

ETM

[Never-In-Doubt]

Just some different input here - if you've a CCJ - whether settled or not - it'll still be visible for 6 years and will affect your credit rating more than any default will, whether paid or not.

My point is, why worry about a default when there's a CCJ visible? Sadly you'll only be able to obtain sub-prime credit at best, and the default wouldn't affect that. ie you may get accepted for the likes of NewDay / Cap1 / Barclaycard / Tesco foundation etc but not necessarily a prime card like a Virgin Money credit card.

I'd not overly worry or stress myself - certainly not while there's a CCJ.

[Extankman]

Just some different input here - if you've a CCJ - whether settled or not - it'll still be visible for 6 years and will affect your credit rating more than any default will, whether paid or not.

My point is, why worry about a default when there's a CCJ visible?

Thanks Nid I understand your point. My issue is I really want to be in a position to buy a house by the end of this year.

In essence the bulk of the negative reporting is due to drop off by the end of July this year. The 2 above CCJ and Ladder loans are due to remain on for some years after this although I've had the FOS decision on Amigo and a letter from Ladder Loans admitting irresponsible lending so, if technically they no they were in the wrong for lending then surely any adverse reporting should be removed? If I can get them removed by July when all the others drop off, I should, by Nov be in a stronger position to apply for a mortgage.

I already have sub-prime credit to bolster my score through Aqua / Studio / Zopa and now have, for the first time in 6 years, have a contract mobile phone

Everything new is up to date and minimally used just to keep green ticks coming in.

I suppose my issue really is that at the moment I have 9 negative things on my credit file, 5 will drop off this year, 2 are going to be self managed now Stepchange is finished with. The other 2 are Amigo and Ladder loans, so if I can get rid of 7 of the 9 by Nov, I'll be a happy camper

I'm not overly worried to be fair I am just trying to strengthen my position

ETM

[Never-In-Doubt]

Hiya - when was the CCJ added? And settled?