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  1. THREAD NOTE: the OP talks of a CCJ this is infact a DEFAULT MARKER ignore the reference to it being a CCJ. dx - siteteam ........................................................... Hi All, the is my forst post on CAG. I have a question, which im hoping the community will be able to advice me on if it is legal, and if not the steps to take to resolve this. 7 and a half years ago, i split with my X wife, which was quite a bitter split. In her wisdom, when we split and put the marital home up for sale, a few weeks later my x wife took the house off the market, stating i had never asked for her permission to sell the house, and she refused to sell the house even though she had moved out when we split. Consuquetly, the house was repossed and a CCJ was rejistered against me. I did try and come to an amicable agreement with the Natwest where by i was responsible for half the debt (£16,800), and my x wife was responsible for the other half, and once my half was paid off it would show as settled on my record, which they rejected. So, i thought i would wait out the 6 years, for the CCJ to expire. During this time we have moved twice, and i have not received any letter from anyone for about 2 years relating to the CCJ, so im actually unsure who actually own's the debt (Natwest or DCA) The debt did expire on May 31st 2013, and did 'dissapear' off my credit file. I pay a monthly subscription to experian so regually check my file. Last week the payments started showing again on my credt file as 6 months in arrears and deliquent. After alot of research i was under the impression that once the CCJ had expired after 6 years, that was that, unless of course they tried to re-rejister to the courts for a CCJ. Im thinking of getting legal advice, however before going through the cost i thought i'd see what my options are on here. So my questions are: 1. Is it true the Natwest or any DCA can rejister these late payments that have just appeared on my Credit Report after the six years 2. If not, what are my options to have these removed from my credit file? We where hoping to buy a new house in the next 6 months, however that is going to be impossible with this on my file All help is VERY greatfully apreciated in advance
  2. Hi I am looking for some advice in relation to an overdraft on my current account with IF. I lost my job in 2008 and was unable to meet any of my credit repayments and my overdraft was one of these. After about 5 months the account was passed to Blair Oliver and Scott and I have been making reduced payments. Thanks to offers from friends and family I have on numerous occasions offered to settle for around 50% of the balance due which has always been declined. I know that IF have never defaulted this account so I checked my credit file today and notice that the account shows as late payment each month since 2008. My question is are IF allowed to do this and if I was to dispute the account now can they place a default on it? I thought that defaults were to be placed after 6 months but I am not sure how CCA 1974 applies to current accounts and overdrafts. I was hoping all my defaults would be cleared in 2014 but it looks like the late payments being recorded will have a similar negative effect. Any advice given would be greatly appreciated. B:smile:
  3. Hi, Without going into too much detail, I have a flat that I rent out. (I'm not a big time wealthy landlord, this is my only one!) Twice a year I pay a service charge and the management company have said that although I am welcome to set up a standing order, they advise that I should "wait for the invoice each time before making payment, as it will not always stay the same." I have paid their bills promptly for the past 6 years or so. The invoices don't arrive EXACTLY every six months so when I didn't get one last Dec, it crossed my mind once or twice but with Christmas, New Year etc. it slipped my mind again. On 24/1/13 I got a letter warning me that it was overdue and that I would be charged £120+VAT if not paid in ten days. I logged onto internet banking and paid immediately. I called their office the next day to confirm and was told they had ALREADY applied the fee as more than 10 days had passed. That's when I noticed their letter was dated 7/1/13. It took 17 days for that letter to reach me but if you recall there was heavy snow at the time and I assume Royal Mail had a backlog. A further letter dated 21/1/13 turned up on 28/1/13 and said the admin fee had been charged as I had not replied. To date, their original invoice has never turned up. They say they have incurred a cost (writing a couple of letters?) but as I paid the bill within 24 hours of RECEIVING the overdue reminder, should I be liable to pay that? The Commonhold And Leasehold Reform Act 2002 says that an admin fee is payable only to the extent that the amount is reasonable. Does the company have to SHOW that their fee is reasonable? I have asked them to provide evidence of 'reasonableness' (if that's a word!) on several occasions, but they have not done so. They won't deal with me on the phone and insist everything has to be in writing but they have not replied to two of my letters. In fact when I chased them for the evidence of reasonableness recently, they say they have not received a letter I sent them. Ironic or what??? They have agreed to reduce the fee by 50%, but that still leaves me owing them £72 and I don't see why I should pay. They advised me to wait until an invoice arrives No invoice arrived A letter (eventually) arrived warning me it was overdue. I paid within 24 hours They have chased me again now, so where do I stand with this? I'd be very grateful for any advice. Thanks
  4. Hi, I have a council tax debt that I am currently paying off to Alex M Adamson. I believed I had a good deal with them, and was steadily paying my debt off each month. Come April, something went wrong with my payment however. For some reason the money was not taken off my account, and it took me 9 days (exactly) before I realized this. At this point, I immediately paid the amount that was due that month. Two days later, I received an earnings arrestment schedule. Granted, this was sent the day before I made my payment. I contact Alex M Adamson, and explained the issue to them - that the late payment was a mistake, and that it has already been paid. They understood, and agree that no earnings arrestment will be made, and I will be allowed to pay off my debt at the pace i'm currently doing. Fast forward to this month, last week. Me and my flatmate have gotten our hands on some extra money, and decide to pay the remaining amount off, roughly £300. Just to be sure of the exact amount I contact Alex M Adamson again to doublecheck the exact debt, and i'm told that my balance is over £400. Infact, the exact amount is £114 more then I expected. They explain that this is the charge for making an earnings arrestment (£57), and as there is two of us on the debt it's a total of £114. Now my questions: 1. As no earnings arrestment was made, can they actually charge me this amount? 2. Can they really give me an earnings arrestment for being a few days late, without giving me any kind of reminder or notice beforehand? 3. Considering that me and my flatmate are otherwize considered to be "one person" and jointly responsible for the debt, can they really charge us both like this? I have a few friends who share a house between 5 of them, if they were in this situation that would be almost £300 for being a few days late! 4. Lastly, on the earnings arrestment schedule that me and my flatmate originally received the amount says current balance +£57 fee. We each recieved a copy of this. If we are jointly responsible, and this fee still stands, shouldn't the paperwork we recieved say the total amount? I attempted to discuss this with Alex M Adamson directly, but they simply said "This is the amount you have to pay. I can't do anything else for you". I could not get any answers to my questions from them. Do I have anything on my side here, or do I just have to pay up the £114 extra and curse myself for having entered a number wrong or something when I tried to make the payment last month?
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