Thanks, this debt is for £20k or so and I take it Experto Credite are separate from MBNA?

What really annoys me is that I was prepared to pay them the full amount, I can't see what advantage there is to them in not setting aside the CCJ and getting a Tomlin order from their side as it jeapordizes any chance of repayment aside from being douchy?

If the judge deems the set aside not valid (as I couldn't pay the debt), would I have to pay their legal fees too? I think charges are probably 5-10% of the total. I don't know if the debt is enforceable or if they have the paperwork, I send them SAR and CCA right? However, I did state in an email that I would like to pay £1 a month in acknowledgement of the debt (but I have not as yet made any payment), so I'm not sure if this messes things up with regards to any defence.

But how can I prevent them from getting a CCJ again if it is set aside? I don't think I have a defence as I owe the money? I have evidence I moved (council tax bills) and an email from them acknowledging the new address was updated on their system 2 months before they applied for a CCJ at the old address, is that enough given I do owe the money and cannot pay it all off within 30 days to have it set aside?

My situation: Defaulted on considerable debts last year built up to pay for disabled child's care after restructuring at work and an unexpected tax bill. Tax bill being paid in installments until end of next year, takes up all disposable income leaving I got quite depressed and couldn't handle it, but started trying last year and started making token payments to a number of people (once the tax bill is paid it will take ~4.5 years to pay off sizeable creditors). I also told everyone to please not apply for CCJs as a) I have no assets and b) I am an FSA registered person and it could cause me to lose my job For my MBNA card (sold to Varde investments/experto, ~25% of outstanding) I emailed them saying I owed the debt, wanted to pay and put forward payment plan (£1 a month until tax paid, then over 4.5 years balance) in August, also giving details of my new address which I moved to in May. They did not reply, but I got a letter from HL solictors threatening legal action in October (sent to my old address, on the final day of mail forwarding), so I mailed in a copy of my income/expenditure and a letter outlining my situation and offer. They acknowledged receipt of this mail at the end of October, but said they had not received the income/expenditure form and asked for it to be resent. They also acknowledged that they had updated my new address in their systems. I did not send in the income/expenditure/bank statements again as I got caught up in more corporate restructuring (financial sector these days ) Didn't hear anything back from them or about them until my compliance officer came to me a few months ago and asked about a CCJ on my file (!) This was lodged against my old address. I called them and asked for their help setting it aside, explaining the above and saying I'd be happy to do a Tomlin order as I could a) lose my job over this if not removed and b) not be able to move jobs, where I'd been offered two significantly higher paying jobs or get another job (and so probably have to go bankrupt - I am great at my career and rising fast in reputation) They asked for my income/expenditure and said I'd need to sign the tomlin order before it was set aside, as well as pay for the Tomlin order and set aside, so I emailed them in this time, I waited for a bit and then.. They called and said they'd refuse to set aside the CCJ as I had not been co-operative and it was not their fault I may lose my job They also said I did not have enough disposable income, despite me repeatedly stating that all of the disposable income I had was going to the tax man until the end of next year, for them to a Tomlin order. On the other side they said they would accept my payment offer subject to review every 6 months (£1 a month then 4.5 year payment), which confused me terribly, and said they'd send over bank details and they would push for enforcement if I didn't make the £1 payments. I was told by some that a set aside on account of wrong address is up to the judge's discretion, but when I called the national debt line they said as I didn't contest the amount it may not be agreed and I'd have to pay their legal fees? (something I can't do on my Advice of exactly what to do here would be exceptionally appreciated, I have just about pulled myself out of depression and am working hard, but this has put me on edge Sorry for the long post!

Ok, I will acknowledge overdraft and loan amounts where there are no penalty charges and offer them £1 each until the tax is paid off (should I tell them when that will be?) For credit cards will do CCA/SAR to claim back all charges, then offer £1 each until tax paid off. For both will hopefully be able to offer reduced full & final settlements next year (will offer them the amount I have borrowed, no interest or charges as I think that's morally fair). Thanks!

Thanks, and am I correct in that penalty charges can no longer be claimed on overdrafts, but only on credit cards? Shame as some of my overdrafts are all penalty charges! The procedure for claiming unfair penalties is SAR & CCA and then the claim letter?

Looking into full & final settlements next year as well as my parents have offered to help with a lump sum at the end of next year, so ideally would want to push these down as low as possible while avoiding CCJs (can't get the lump sum any sooner)

No PPI on any account, charges on the credit cards and overdrafts, not on the loans (I think).

I am paying about half of the debts but stopped paying the other half once the tax bill came through in January, since which I have also moved (get mail forwarded) Reading through the threads on the forum, should I offer to pay them all a token amount straight away with some details of the tax bill, or should I try the CCA/penalty reclaim? From what I can see this would not work on loans or overdrafts, but may help with credit cards? Also, in paying token amounts until next year, I assume that the remaining accounts will get defaulted and passed onto DCAs? Thanks!

Hi all, I have a £30k income tax bill from a period that I was a partner in an LLP in 2010 to pay (since then PAYE employee/director in a limited company of which I own less than 5%). I did an income/expenditure and figured out I could pay £2,000 after basic living expenses, which I was currently paying toward other creditor (~£40k owed, £1,200 a month bills, some on time, some defaults). I offered this to HMRC and they said fine, no need to send us an income/expenditure (very nice chap on the phone) I want to pay my tax bill ASAP for obvious reasons, but if I only make token payments to other creditors as a result, what are they chances of one getting a CCJ on me successfully? Renting currently, no assets except for my car that I need for my disabled son. I work in the financial services industry and am an FSA approved person, so this would make my job a bit difficult. Obviously after I finish paying off the tax bill next September I can put the excess cash to my creditors and pay them off in two years.

Hi there, I was wondering if someone could help me out as I'm a bit confused. I've received three letters from Santander: 18/05/11 - Default notice served under section 87 (1) of consumer credit act date 18/05/11 saying I need to pay the overdraft back within 14 days of the notice 20/05/11 - Default notice served under section 87 (1) of consumer credit act date 20/05/11 saying I need to pay the overdraft back within 14 days of the notice (same amount as above) 21/05/11 - A letter serving intention to serve default within 28 days to the credit reference agencies I contacted them by phone yesterday to arrange a payment plan as I didn't have the amount to pay off the full overdraft (will do in three months or could borrow from family/friends) and they told me the default notice had already been served and put on my credit file. They put me on a three month arrangement to pay off 1/5th of it, after which they said they would require the balance or put me through to a debt collection agency unless I went through payplan to arrange further payments. Is there anyone to get the default removed from my credit file as the letters are so confusing? I'll have finished paying off £110k of debt next year and I don't want my credit file to be screwed for anther 6 years (Santander also defaulted me on a credit card last year that I'm contesting as they didn't send letters).

Suppose I should simplify the above: 1. Do Santander always default credit card accounts before handing it over to their in house debt collection agency Viking? 2. Should I refuse to pay any more and offer them a settlement in exchange for removing the default (I can pay the full amount)? 3. Or instead should I send letters to check enforceability of the debt? 4. Or do 2 and 3? Thanks, Fievel

Hello all, I was hoping someone with experience could help me out with this.. Last year I had financial difficulties after being messed around by my work (reduced salary, non-payment of stated bonus) and started to deal with PayPlan, paying minimum amounts to my creditors while I did so. This process took a while for various reasons, but eventually I was paid my bonus and brought all my accounts up to date. While this was happening, a Santander credit I had was passed onto Viking who contacted me to make a payment plan. I made a payment plan over 10 months for the full balance of the account as they said that as the account was passed over to them and I could no longer only make the minimum amount. They said over the phone that by doing I would protect my credit rating and otherwise they would take further action. also contacted by the overdraft team who said I had to pay the full amount over 20 months (maximum allowed for a paydown?) or they would take legal action and pass it onto collections. Shortly after, I lost my job and have been living off my (very generous) severance package for the last 6 months, paying down these accounts, with 4 months left on the credit card and 14 months on the overdraft (£75 a month and £250 a month repsectively), as I didn't want to impact my credit file for when I got a job. I also paid down the majority of my debt elsewhere (£110k to £30k now..) Happily, I found a great job that I start the first week of March, but having paid down all this debt I was running out of money for rent next month and went to my bank for a bridge loan/overdraft increase to my first payroll. I was refused based on credit score and looked on checkmyfile and saw that my Santander credit card had been defaulted when I came to the arrangement with them last year. When I called Viking they told me that Santander defaults credit cards before selling them to them and there was nothing that could be done. I have been unable to find all the correspondance, but I certainly did not receive a notice of default, just one page letters saying pay up for the 2-3 months I was late or further action would be taken. I am very upset now as I managed to juggle dozens of accounts and nearly get to debt free level while paying full interest even through my unemployment to now find that I will likely be denied credit for the next 6 years even though I earn a very, very good amount of money and have made huge amounts of payments. Looking around the internet, there seems to be two options: 1. See if I can get them on not sending me the letter or a technicality, although it appears that these guys can just claim the letter was sent out on their internal system even though I never received it 2. Stop paying them and then offer a full and final settlement of lower than the amount owed as long as they remove the default Any advice? Do I contact Santander about the default or Viking? Thank you kindly, Fievel