HELP!! CCJ Looming!

[driver2007]

I hope you guys can help. I have an unsecured loan with NR amounting to just a little over £8K. I had a few problems last year which meant i fell behind with payments but always made a small token payment when i could. The loan was only over a short period so monthly payments were about £600. This is now about £3k in arrears and when I called a couple of weeks ago to make a payment they said it had gone legal and i'd have to wait to hear from the legals, and they were going to talk to me about trying to secure the loan on my property. I then got a letter from Eversheds stating that unless the loan was repaid in full by ........ which was two days before I got the letter!! it would be going down the CCJ route. I called immediately and got a very curt response, "not interested unless you are paying the whole thing," "the court papers have already gone out!" I then called NR and they said no way of stopping it but if could pay the arrears in full now they might be able to. (which i can't yet)
I can take up the monthly payments no problem again now, but they are not interested in that, and in a month or two I will be able to clear the arrears. The problem is they are proceeding with the court action and if I get a CCJ it'll cause me real problems as I'm in the middle of a sizeable property deal and I need to remortgage at the end of the year. Is there anyway i can stop this action or even delay it? I'm happy to make good sized payments but can't clear the arrears. Twice I've called to pay the regular monthly amount and both times they've not been interested! HELP!

[rory32]

You need to send them a CCA request. Also are there any charges on the account?

[rory32]

CCA request is here http://www.consumeractiongroup.co.uk...templates.html template N. Send it to the solicitors and also ask for a statement of account.

[Laiste]

Hi,

The problem you have is not the prospect of a CCJ, it is a Default Notice(DN). As you've explained there have been difficulties with pmts. That being the situation, a DN would have been sent to you and registered on your credit file. Creditors do not distinguish between DN's and CCJ's for the purposes of providing credit. If you have either you will find it almost impossible to get credit. Sorry to be the bearer of bad news!

The only way to deal with the situation to get the DN removed, is to find fault with it as well as the agreement. The creditor will not remove the DN even if you paid them all that you owe, you will have to force them, which means fighting the claim every step of the way. If you try to delay the case (which it is unlikely you will be able to do) the DN will still be on your file when you need to re-mortgage, so that really isn't not an option.

I hope this helps to clarify the situation.

Regards,

Laiste.

[rory32]

To follow on from Laiste's post, did they send you signed true copy of the original default notice? If not you need to ask for this. This link may help you with the default Remove Default Notices on a Credit File - We show you how

[driver2007]

Thanks guys, thats a great help. I already have a default registered by them, I will begin the fight! The funny thing is my current mortgage (which is up to date) is with them as well, and I suggested an easy solution would be to tag this on but they refused...they just seem to want to do everything the hard way!