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Whats the difference?


noimagination
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Hi

Could any one tell me why defaults are issued instead of CCJ's. Is there a reason for companys issuing defaults and not going in with a CCJ? Is it the amount of debt? do they only issue CCJ's if they no they are above board with the paper work?

 

All opinions welcome!:rolleyes:

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What is a Default Notice?

 

 

Introduction

 

A Default notice is simply a record placed on your file by creditors stating that you have been in default in some way. Such notices may have been placed without your knowledge and despite a subsequent remedy to the default.

Under the terms of your credit agreement you will probably have agreed that the lender has the right to inform the credit agencies of any default.

If you need to check your credit files check out Repair Your Credit History for the standard letters to send to the major credit reference agencies.

Unlike the procedures for the Removal of CCJ’s you cannot have a default notice removed without the consent of the relevant creditor/lending institution.

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CCJ requires that the creditor files in court against you. The court decides how much you pay back to the creditor.It can lead, in extreme circumstances, to you losing your home! However, you can defend the action, and often defeat it (for example, if the creditor cannot produce a valid CCA agreement.)

 

;)

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I DO NOT KNOW THE ANSWER BUT .......I thought that the original creditor has to issue a default before issuing a CCJ, ie, no default then no CCJ??

Is this the difference? As with a default notice the OC are flagging up your now-shot-to pieces credit file, however with a CCJ, you are making repayments via the court for your debt.

Good question noimagination.

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Ok

I had a default recorded from Vodafone, I am offering full payment for removal of said default, obviously they are saying no! the debt is for £219.

I just cant get my head round if they wanted the money SO bab why didnt they issue a CCJ? If they had I prosumably would have have to pay on demand of the court.

 

I am going down the road of that they have no right to process my info + A moblie contract should not harm my chances of obtaining a mortgage to enable me to move forward in my life. I am having a E-mail debate with our mate Amander Chandler at Vodafone, any way my argument amongst other things is that Paragraph 6 of Schedule 2,-The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject".

 

The meaning in the dictionary for "unwarranted"is "Lacking a good reason and therefore annoying or unfair" The lacking good reason being a judge did not issue the default. you might argue that it is relevent because i was in breach of my agreement. but never the less i think its unfair.

 

She also passed me the information commissioners views on "credit agreements-data sharing" But there was no credit or credit agreement.

I'me sure I read on here that you cant CCA phone companys,

 

Thanks.

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im afraid you are going to have a battle on your hands, vodaphone fight tooth and nail

 

you are right in the observations that they are not regulated agreements as no credit is provided by the network, atleast thats my understanding

 

 

good luck, there are a few threads on here that may be usefull, a few people have taken on vodafone and won so the best thing to do is search the site

 

regards

paul

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Taa all - pt

I think i have read most of this site twice!!, thats what gave me the confidence to at least try! This is only the flanking battle, the real battle is with customer services, but thats a WHOLE new thread!!

 

Just cant understand that the issue is here the money I owe, They want it, they can get it via the courts, but they dont, deafult on my file till i pay, thats FAIR. but when I pay they've got me by the nuts for a futher 6 years! NOT ON! Its no more than grudge holding!

 

taa guys

 

Great forum!!!! Hat off to ya all!!!!

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One last thing,

 

Can any one exsplain why some, after default issued dont follow through with the CCJ? is it by choice or law maby?

 

In the CCJ procedure would i be right in saying that there is an option given to settle the debt and CCJ not recorded?

 

Thanks

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The lacking good reason being a judge did not issue the default.

Defaults are not issued by judges.
If default is issued, then CCj is issued but is paid befor court hearing will the default remain on a credit file?

Yes, but it will be marked as satisfied. Although in reality the default being marked as satisfied doesn't improve your credit rating a great deal if at all. If the default was applied accurately, e.g. you did actually default on the agreement, payment in full, whether before court action or after court action, will not result in the removal of the default only the satisfaction of it.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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im afraid you are going to have a battle on your hands, vodaphone fight tooth and nail

 

you are right in the observations that they are not regulated agreements as no credit is provided by the network, atleast thats my understanding

 

 

good luck, there are a few threads on here that may be usefull, a few people have taken on vodafone and won so the best thing to do is search the site

 

regards

paul

 

Also search for Dayglo - he lost in court against VF on a defualt issue. It is a long thread.

Consumer Health Forums - where you can discuss any health or relationship matters.

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