Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. #1
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    JuryMan77 Novitiate JuryMan77's Avatar

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    Default JuryMan Vs Cahoot

    Hi guys

    I have a cahoot loan in default registered on my CRA files for the sum of just over £11k at the time of default (August '06).

    I probably received a DN at that time, but was in a bad was in my life an simply ignored my debts. (I've a few other threads about those...).

    My question here is what to do next with this one. I've had no communication to or FROM Cahoot since the default whatsoever - they've not chased this in close to 3 years, nor (as far as I can tell) passed it on to a DCAicon.

    I've not CCA'd them or anything yet as I don't want to wake the sleeping beast until I have to - but I'd like to try and get the default removed, perhaps with a F&F settlement of some kind. Naturally I'd like to know whether I technically have to pay them anything at all (an unenforcable CCA for example).

    From reading other threads, it seems Cahoot generally have their house in order - the agreements are generally watertight, and they generally produce them if demanded to.

    I don't want to CCA them to only start them off down a road chasing the debt.

    Can someone give their opinion on what they'd do next?


  2. #2
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    old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative

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    Default Re: JuryMan Vs Cahoot

    Bump

    Advice is based on my personal opinion, and what I have learnt from this forum.
    If you need legal advice please consider consulting a lawyer.


  3. #3
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    Default Re: JuryMan Vs Cahoot

    where do you live? if its three years since you've acknowledged the debt then it could be an option to sit it out and wait for the debt to become statute barredicon- 5 years in scotland, 6 the rest of the uk.


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    Default Re: JuryMan Vs Cahoot

    yeah that was an option for sure - I just dont like the damn default on my CRA files...


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    Default Re: JuryMan Vs Cahoot

    i think you're stuck with it mate. i'd sit it out for stat barring. they've mucked things up for you for 6 yearsicon with the default, so i would say screw them.


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    Default Re: JuryMan Vs Cahoot

    after the statute barring, will the defaults be removed too? Or can cahoot then "adjust" the CRA file somehow?

    I noticed that some banks close one account (marked as "settled" for example) that you might have defaulted on, and they "open" another account which they default you on - with some date inbetween (hope this example makes sense).

    IE, can cahoot wait 5.5 years, "close" that file on the CRA's, then "open" another record which they default me on, thereby resetting the clock?

    The same with a debt collectoricon - can they not "create" a default? I've a default from Aktiv Kapital for example - where the original debt is a HSBCicon debt... Can the Debt collector not wait 5.5 years then register the default or debt?


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    Default Re: JuryMan Vs Cahoot

    no they shouldn't, and i doubt any creditor would ever do it. they are evil but i've never heard of any do it. it is one debt. it originally defaulted on x date therefore after 6 yearsicon the default should disappear from your file. they can't resurrect it.

    dcas are another story. they enter data as it suits them. i have several defaulted accounts which have subsequently been sold to dcas. the dcas do as they please and tend to register a second default on debtors crfs. it too will however show the original default date and expire on the same date as the original creditor default. this practice is against the technical guidance on filing defaults issued by the information commissioner but dcas just go ahead and do it anyway.



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