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  • DI sent me for further help with debts

    Good Afternoon AAD'ers

    I'm Johnny_Rioja.

    Im obviously here looking to get some help sorting my debt out as enough is enough and im no longer willing to be constantly pennyless, debt ridden and mega depressed over it, and because recently me and My Ex have decided to sell the Flat we purchased in 2005 and after looking into the details of my finances a little more closely some red flags were raised, Di is kindly looking into a few things separately for me but she's suggested i come here and post for assistance with the rest of it.

    Most if not all my debt on credit file is now defaulted, I should never have been lent the money, as no reasonable checks were made to ensure i was in a position to repay.


    PAYDAY LOANS
    Safetynet Credit - £264 - Taken 17/12/2015 Defaulted 30/09/2016

    MYJAR - £300 - Taken 11/12/2015 Defaulted 02/04/2016

    CABOT
    Capital one - credit card - £191 - Taken 01/07/2014 Defaulted 06/03/2015
    dont know who it is for - £576 - Taken 15/08/2018 Defaulted 31/05/2019 - have just found a Claim form for Northampton county court dated 13/11/2019: Claimant Cabot finance (UK) using RESTONS solicitors. for a sum of (576.39 + 60. court fee and 70. legal cost)= 706.39

    LOWELL
    ?dont know who it is? - £343 - Taken 21/08/2018 Defaulted 30/04/2019
    Provident - £506 - Taken 11/11/13 Defaulted 23/02/2015
    Provident - £789 - Taken 11/11/13 Defaulted 23/02/2015
    Telecoms ( certain its a mobile phone bill but cant remember the company) - £147 - taken 25/03/2013 Defaulted 03/10/2015


    I also have 3 ACTIVE CCJ's who i dont know who im supposed to be paying and never have made payments on so if you know any way of finding out who thats for id appreciate it



    * the ones i dont know which company they are for, i shall see if i have letters for them and update as i do, as this info was taken from my credit file

    Thank you in advance
    Last edited by Johnny_Rioja; 29th July 2020, 14:16.

  • #2
    Originally posted by Johnny_Rioja View Post
    Di is kindly looking into a few things separately for me

    . . . I also have 3 ACTIVE CCJ's who i dont know who im supposed to be paying and never have made payments on so if you know any way of finding out who thats for id appreciate it
    Hello again

    How do you know you have 3 active CCJs and when did you discover them (maybe a search of your credit file) or were they from years ago and nobody has chased them so you've just ignored them?

    Is there a remote possibility the claim form were served/sent to an address where you weren't living at the time so you got a Default Judgment because you didn't respond within the court deadline?

    (I'll comment on the other debts later.)

    Di
    Legal Disclaimer

    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

    Comment


    • #3
      Hi Di,

      The CCJ's are on my credit file. I've been aware of having them but they have never been chased for payment and i haven't approached them to make payment as i cant afford to make payments

      £728 filed 06/12/2019 - ive just tied to the unknown Cabot finance (UK) i also have just found a warrant of control for this CCJ, i did begin to make payments but stopped since furloughed and Covid closed the country down, i have no reestablished contact with them yet.

      The others are:
      £316 issued 23/10/2018 (dont know who its for but have a case ID from the credit file)
      £774 issued 13/08/2015 (dont know who its for but have a case ID from the credit file)
      Last edited by Johnny_Rioja; 29th July 2020, 15:02.

      Comment


      • #4
        Originally posted by Johnny_Rioja View Post
        Hi Di,

        The CCJ's are on my credit file. I've been aware of having them but they have never been chased for payment and i haven't approached them to make payment as i cant afford to make payments

        £728 filed 06/12/2019 - ive just tied to the unknown Cabot finance (UK) via the claim number on the claim form i have

        The others are:
        £316 issued 23/10/2018 (dont know who its for but have a case ID from the credit file)
        £774 issued 13/08/2015 (dont know who its for but have a case ID from the credit file)

        If they are Default Judgments you need a reason to get them set-aside - simply ignoring the claim form when received probably isn't an acceptable reason.

        However I note one of the Judgment Creditors (the Claimant) is Cabot Financial (UK) Ltd who are not FCA authorised so should not issue legal proceedings but that clearly doesn't stop them from trying.

        Jo explains this here >


        Originally posted by Joanna Connolly View Post
        The Cabot group of companies have issues with their assignment process and documentation, as was shown in our recent cases of MFS Portfolio V Phelan & West. We won this case at appeal, following days of argument and counter argument. Part of the judgment confirmed our position both on assignment and that personal account overdrafts are subject to the regulatory framework of the Consumer Credit Act, including S.78 CCA 1974.

        The judgment, however, was not all in our favour. The Circuit Judge ruled in favour of MFS Portfolio on a point relating to the use of servicing agents to avoid authorisation by the Financial Conduct Authority under the para 55 FSMA 2000 servicing exemption which we believed to be wrong. However, as we had won the appeal for our client, we were unable to appeal this judgment to the Court of Appeal.

        We did however 2 months later obtain another Circuit Judge decision in the Idem Capital Securities Limited case that debt purchasers who are not authorised cannot issue proceedings in the county court regardless of whether there is a para 55 FSMA 2000 servicing agreement in place. Idem did not appeal the judgment.

        We currently have other cases going through the courts, which will hopefully obtain binding decisions both on lack of authorisation by the Financial Conduct Authority and other issues too.

        Maybe you should email me direct about these three CCJs which are news to me

        Di
        Legal Disclaimer

        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

        Comment

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