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  • #1

    Help needed

    Hi I recently checked my credit report as want to sort out my debts. It was with the 3 main company's.
    Some of the debts defaulted in dec 2008 so not long until become statue barred but looking at my credit report have I acknowleged the debt? I also have debts of unpaid bills and payday loans that I took out last year and haven't paid.
    Also my credit reports show that I have 2 active county court judgements against my name which I know are mine but I didn't know they were ccj what will happen with this?
    One of my debts is also a second mortgage but i lost the house so thought that this debt had gone.
    I am also worried that because I have checked my reports I have now alerted creditors to where i am staying which at the moment is a room in my sister's house.Can they do anything to her? I have nothing there that I own.
    Last thing there are about 5 debts on my report registered to an address in Gateshead where I have never lived this person also has 2 ccj active against them and a discharged bankruptcy. I hope you can help
    Last edited by marksmith6813; 20 July 2014, 01:28.
    Tags: address, agency, attachment, bailiffs, bills, building society, cca, charging order, collectors, cras, credit, credit reference, creditors, dca, debt, debts, defaulted, earnings, guidelines, help, house, letters, list, loans, lost, mortgage, order, orders, pay, payday, payday loans, property, questions, reference, rules, size, statue barred, stop, unemployed, wales
  • #2
    Re: Help needed

    Hi marksmith6813 and welcome

    I am sure you will find the help you need, if we can kindly ask you to check through the following links to get used to the surroundings first:-

    We don't bite, Help will be on its way, whatever your circumstances.

    Best wishes from all at AADforums.

    Let's look at your questions one by one:

    You haven't acknowledged the debt by looking at your credit report so you can stop worrying about that

    If you haven't heard anything about the ccjs then I would just wait until such a time as you do. They'll drop off your credit report after 6 years. As you're unemployed and not a homeowner the creditors can't get an attachment of earnings or a charging order.

    I'm not sure about your second mortgage...PlanB may be the best one to ask about that. Just a few thoughts though....Was it through the same company as you had your first mortgage? WAs your house repossessed? If it was and the price the Building Society sold it for was less than your mortgage and second mortgage, then I think the debt still stands.

    There is noithing that the creditors can do to your sister as you are not financially linked. Of course, if you have the same surname the creditors might think you are but we can help you to sort that out if and when the time comes.

    Debt collectors (DCAs) are not bailiffs...they can't come into your home and take your property away.

    With regards to the address in Gateshead...what are the amounts for the ccjs? Do they correspond with the ccjs that you've discovered you have? I would write to the credit reference agency and inform them that you've never lved at the address and that these have been added in error.

    Hope this helps. Others will be along to add their opinions too.
    Let your smile change the world but don't let the world change your smile

    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: Help needed

      Hi welcome and just to add to what Pixie said, if there was a shortfall on either mortgage this will be shown for 12 years.

      having checked with the CRAs may prompt a flurry of letters trying to get you to pay up, but as Pixie has said this should have no impact on your sister.
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment

      • #4
        Re: Help needed

        re the defaults with the Gateshead address, some times DCA's trace people with a similar Name and date of birth, they don't know if it's the right person, they just link it, But as Pixie and Cym say, you have come to the right place for help x

        Welcome x
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #5
          Re: Help needed

          Thank you for your replys. Can someone just turn up to property if they are connected to the ccj's that are against my name? and what happens if they do and sister can't prove items in her house are not mine.
          Also on credit report it said the with the house the mortgage was satisfied but the loan was defaulted and also some of the accounts that we listed on financial history had default next to them but when looked at section on closed accounts they were either settled or satisfied how they can be both?
          Last edited by marksmith6813; 20 July 2014, 22:32.

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          • #6
            Re: Help needed

            Originally posted by marksmith6813 View Post
            Thank you for your replys. Can someone just turn up to property if they are connected to the ccj's that are against my name? and what happens if they do and sister can't prove items in her house are not mine.
            They cant just turn up and demand money/goods without further court action. I am not sure if bailiffs can be instructed for CCA CCJs. Your sister is not liable for your debts and it is her home.
            Also on credit report it said the with the house the mortgage was satisfied but the loan was defaulted and also some of the accounts that we listed on financial history had default next to them but when looked at section on closed accounts they were either settled or satisfied how they can be both?
            When a default is registered it is shown on the account for 6 years which is why they can be shown as both things.
            I have tried to reply in red.
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment

            • #7
              Re: Help needed

              Thank you so I would go with the closed account over the default.
              Would a debt show as settled on credit report if it has been passed onto a debt collections agency? as one account that says settled I am receiving letters from a collection agency for that debt.
              Also after taking out the payday loans and not paying them I changed my bank account so they could not take money from my account but now I have checked my credit report obviously that has my new back details on it. Can the payday loan company's find out my new details and take money or can credit report company give them my new bank details?
              Last edited by marksmith6813; 21 July 2014, 00:18.

              Comment

              • #8
                Re: Help needed

                the accounts that show settled will have been sold to a DCA who will now own the debt,They are sold off so that the original lender can close the account.
                No your bank account details cannot be given to anyone by Credit reference Agency's,( but they wil/mayl show the bank you are now with. nor can Pay Day lenders take money out of your new account, unless YOU give them the details
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment

                • #9
                  Re: Help needed

                  Hello Mark,
                  Welcome to AAD! Sounds as if you've really been through the mill

                  A couple of other points.. you say some of the debts were defaulted in 2008 therefore may be Statute Barred in December.
                  The Statute Barred clock starts ticking the day after the first missed contractual payment, assuming you do not pay anything further. The default date will be much later than this, probably several months, so some of your debts may well be Statute Barred already. The other scenario is if you make a payment (or acknowledgement) after the account has already defaulted, in which case the clock starts the day after that payment. So, you need to check your own records for those payment dates.

                  Do you have any idea of the total value of ALL your debts, does it exceed £15,000?

                  I know it all looks complicated at the moment but we'll help you through this. Your sister's property is safe, don't worry about that.
                  It would help if you start gathering all the paperwork you have, then once you're ready start a thread in the Unenforceability section listing each individual debt so we can deal with them one at a time.
                  Have a read here: http://forums.all-about-debt.co.uk/s...-Read-me-First! for how to set out your diary.

                  Don't be afraid to ask if you need help, we're a friendly lot on here and you'll never be judged, just helped.

                  Elsa x

                  Comment

                  • #10
                    Re: Help needed

                    Originally posted by Undercover Elsa View Post
                    Do you have any idea of the total value of ALL your debts, does it exceed £15,000?
                    I was also wondering whether Mark should look at a Debt Relief Order if the relevant debts total £15k or less

                    http://www.adviceguide.org.uk/wales/...ed_to_know.htm

                    Comment

                    • #11
                      Re: Help needed

                      Great minds!

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