Default/CCJ Advice

[irishboy]

Hi All

I have the following default registered against me on one of my credit files

Status- Defaulted, Date Updated- 05/03/2009, Start Date- 29/09/2002, Date last delinquent- 03/06, Default Date- 31/03/2006

I have checked and found that this company were awarded a decree against me at my local court on 29/08/2002.

Can the above be correct since the date of the default is nearly 4 years after the CCJ.

I was going to see if I could get it removed from my credit file but dont want to stir up any trouble.

I would be grateful for any advice.

Many Thanks

[reallymadwoman]

Hi and welcome to the forums.

 

Can I ask for a little bit more information please.

 

First, are you in Scotland as the rules are different there.

Second, what was the debt for and how much is involved?

Finally, it sounds as if you weren't aware of the CCJ? Is that correct? Have you moved house since 2002?

[irishboy]

Hi reallymadwoman

Thanks very much for replying. Yes i live in Scotland.

I cant be sure if I knew about the judgement or if i ignored it. It was a credit agreement for a car. Thed car was repossessed but I cant remember when and the total amount was £4600. I didnt defend the judgement and it was issued in 2002. Since then I had no contact with the creditor and made no payments. Their solicitor however obtained an inhibition against me in January 2009. I am in the process of selling my house so thay will get the money due from the proceeds as far as im aware.

I cant be sure, but think that the ccj wasnt on my credit file. If it was, it no longer is. I dont know where the default came from as there were no payments made to the account.

This is now the only "bad" entry on my file and obviously if i can have it removed as the judgement was 7 1/2 years ago it would be beneficial.

Do you know if a company can lodge a default against an account if there has been no payments since the judgment.

Thanks

[postggj]

Hi Irish Boy

 

Car Credit Agreements Are My Area

 

Who Was The Finance Co

 

AND TO ANSWER YOUR QUESTION

 

NO THEY CANT DEFAULT YOU AFTER A CCJ

AN ACCOUNT NEEDS TO BE TERMINATED PRIOR TO A CCJ,

 

THIS SMELL OF A DCA

 

ARE ANY DCA CONTACTING YOU

 

 

IS THE DEFAULT REGISTERED UNDER THE FINANCE CO OR A DCA

[irishboy]

The company is Proton finance. The company on the inhibition notice is a solicitors call EGC Turnbull. Their address is the same as the finance company.

Forgot to say, I moved to my current address in 1999. The car was taken back before then.

[postggj]

This Is Getting Better And Better

 

When Was The Last Time Any Sort Of Payment Was Made To This Debt

 

You Say You Checked

 

How Do You Know A Ccj Was Awarded (decree)

[irishboy]

The last time I made a payment was roughly 1998/99. Before the car was taken back.

The only reason i know a ccj was issued is because a sheriff officer arrived at my house last year with an inhibition order. Attached to the notice is a letter to the court stating that a decree was granted on 29/08/2002. A phone call to the court confirmed this.

I have been monitoring my credit files over the last 6 months and saw this default but just thought that this was normal. It was only when i found the notice of inhibition in a drawer last week that things didnt seem to add up.

[postggj]

WELL THE GOOD MEWS NOW

 

ILL DRAFT A LETTER FOR YOU TO SEND THE SOLS

 

THIS DEFAULT WILL BE REMOVED, ITS SERIOUSE FOR THE FINANCE COMPANY

 

THIS DEBT IS STATUTE BARRED AS NO PAYMENT OR ACKNOWLEDGEMENT HAS BEEN MADE DURING THE PREVIOUSE SIX YEARS, FIVE IN SCOTLAND.

 

THEY HAVE MADE THEM SELF OPEN FOR A CLAIM OF COMPENSATION.

 

ILL POST THAT IN A MO

CHECK BACK TOMOROW FOR THE LETTER

 

THIS IS GOING TO PUT THE WIND UP THEM, BIG TIME

 

ITS THE LAST PARAGRAPHS ILLEGAL DEFAULT AND THE PENALTIES

 

AN ACCOUNT NEEDS TO BE TERMINATED VIA A DEFAULT NOTICE BEFOR COURT ACTION CAN START

 

THIS NEW DEFAULT IS DEFAMATION AND SLANDER

 

Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561)

 

 

Quote:

SCHEDULE 2

FORM OF DEFAULT NOTICE BEFORE A CREDITOR OR OWNER CAN BECOME ENTITLED, BY REASON OF ANY BREACH BY THE

DEBTOR OR HIRER OF A REGULATED AGREEEMENT, TO TERMINATE THE AGREEMENT, DEMAND EARLIER PAYMENT OF ANY

SUM, RECOVER POSSESSION OF ANY GOODS OR LAND, TREAT ANY RIGHT CONFERRED ON THE DEBTOR OR HIRER BY THE

AGREEMENT AS TERMINATED, RESTRICTED OR DEFERRED OR ENFORCE ANY SECURITY

Regulation 2(2)

Details of agreement

 

1

A description of the agreement sufficient to identify it.

 

Parties to agreement

2

(1) The name and a postal address of the creditor or owner.

(2) The name and postal address of the debtor or hirer.

 

Details of breach of agreement and action required to remedy, or pay compensation for, the breach

3

A specification of:--

(a) the provision of the agreement alleged to have been breached; and

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than

fourteen days] after the date of service of the notice, before which that action is to be taken; or

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and

the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

 

relevant case law is this too...

 

DEFAULT NOTICE

 

The Need for a Default notice

Notwithstanding the above, it is also drawn to the courts attention that no default notice required by s87 (1) Consumer Credit act 1974 has been attached to the petition.

It is denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant

Notwithstanding the above points, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

Service of a default notice is a statutory requirement as laid out in sections 87,88 and 89 Consumer Credit Act 1974. Section 87 makes it clear that a default notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement. therefore without a valid default notice, I suggest the claimants case falls flat and cannot proceed and to do so is clearly contrary to the Consumer Credit Act 1974

Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119

__________________

[irishboy]

Thanks Post ggj.

 

just a quickie:). On reading this forum I came to the opinion that the debt cannot be time barred as a ccj was issued and there is no time limit on this. Hence the inhibition order i think. Is this not the case?

 

i realise that I owe the money and if they get it when i sell my house so be it. But to get the default removed would mean i have a clean credit file.

Thanks again

[postggj]

A Ccj Is Not Timed Barred As Such, Only Default Notice Are Timed Barred.

 

With A Ccj

 

If The Creditor Fails To Do Any Enforcement Action With In The Six Years, Five In Scotland,

 

The Creditor Would Then Need The Permission Of The Court To Enforce

 

Being To Lazy With In The Time Scale Is A No No And Ive Not Come Accros A Ccj Being Enforced Over The Six Year Time Limit

[irishboy]

I have sent an email to equifax asking them to look into the account and explain the entries.

Is there anything else I can do in the meantime?