CCJ (satisfied) and defaults - advice wanted

[Diamond301]

Hi, i am looking for some advice on the following:

i have 1 ccj which is satisfied for the region of 1100 to the halifax (through a DCA) this was settled last year and i have the certificate etc. As i believe this CCJ is the result of excessive bank charges could i ask for this to be set aside and if so which process should i follow?

I have sent the S.A.R - (Subject Access Request) to the halifax so i will be trying to claim my charges back as most of this CCJ was made up of them (i believe my OD started off at £100 and spiralled from there on)

I also have an account with NatWest (again S.A.R - (Subject Access Request) sent off) which has been passed to Wescot (default) and i have been paying £50 a month to them (through not knowing any better) i have a letter to send to Wescot re the CCA is this the right step to take as i am pretty sure i have never recieved a default notice, just the usual letters from them. This debt is for roughly £3.5k and again i believe most of this is from charges added by the bank.

Any advice is appreciated.

Thanks Diamond

[sequenci]

Originally Posted by Diamond301

could i ask for this to be set aside

i'm not sure that you can as it is satsfield, will double check with the boss though, brb

edit:

he says in theory you can set it aside if you have a reasonable reason to do so, although ultimately it would be down to the discretion of the judge :P

[MinnieMouser]

I've seen some other threads on here where people have applied to the court for the setting aside of a CCJ where a significant proportion of the debt has comprised of unlawful charges. Will be trying to do this as well soon.

MM

[KJD]

Sorry to jump in here... what is the difference between a debt being shown on a credit report as 'satisfied' and 'settled'?

Sorry if there's an obvious answer, but I can't see it!

Thanx

[sequenci]

Originally Posted by KJD

Sorry to jump in here... what is the difference between a debt being shown on a credit report as 'satisfied' and 'settled'?

Sorry if there's an obvious answer, but I can't see it!

Thanx

this is with regard to a CCJ, once paid off it would be satisfield and you can obtain a certificate of satisfaction from the court.

[MinnieMouser]

I think a settled account is where the balance has been paid off under normal conditions whereas a satisfied one is where it has been paid off after the account has gone into a defaulted or delinquent status.

MM

[KJD]

I think that might be me then MM. I have an entry under 'Account Information', as opposed to 'Public records' saying that on a mail order account I have a default balance of £142, with 'Satisfied' in the 'Current Balance' box. The last update for the information is 29/6/2003, and a default is in the 'Status History' box. Haven't heard a scoobies from them for as long as I can remember.

Hey ho...

[fbnts]

Hi, for your information, I have had my CCJ set aside which was with CapitalOne and made up entirely of penalty charges.

the thread is Here


I have had the claim reverted back to the stage of when they first send you the claim - I have had to submit a defence but as my claim against them runs out tomorrow there will be no balance owing so the claim will be struck out (hopefully!)

Tom

[Penfold92]

Hi,

You might find this very useful reading:

http://www.consumeractiongroup.co.uk...aphone+address

Also I have have just had a Vodafone default removed using this method and being ignorant (me that is) I did not even realise an airtime contract was not under the CCA 1974! But they still gave in... See the Vodaphone default (http://www.consumeractiongroup.co.uk...e-default.html ) thread.

Good luck,

Penfold