CCJ and Default for same account!

[threeamp]

Hi All,

I had a wobble financially in late 2004 and ended up with a CCJ from Northern Rock in Sept 2005 for about 7k. It went to court after the usual constant phone calls at home and at work followed by letter after letter asking me when i was going to be making payments or there would be a court case!

 

Due to my circumstances i allowed it to go to court, agreed with the court to pay £50 a month until it was cleared and also asked that Northern Rock not be allowed to contact me again as i honestly felt they were that bad....

 

I have been making my payments ever since on time everytime, however, last October i got a letter for a DCA insisting on full payment by return! I called them and explained it was a CCJ and i had an agreement with the court and furthermore had never missed a single payment. I also mentioned that the court said that Northern Rock were to have no more contact with me! They accepted this apologised and i left it there until this October i had another letter from the same DCA saying the same again (pay in full or else).

 

I have written to Northern Rock expressing some of my anger and they have referred me to the FSA. When i contacted the FSA they told me NR were wrong to point me in their direction and it should be the court i contact to complain about harrasment.

 

This is where i am looking for help caggers, i am not terrible at letters but i would like some advice on wording and what i can ask for. I am now in a considerably better financia position than i was back then and to be honest wouldnt mind seeing the back of this CCJ if at all possible.

Could or infact should i ask for a set aside and then make NR an offer (reduced to suit me of course)to settle now? Should i ask them to ask the court for a set aside before i lodge my complaint about harrasment and then jump in with my offer?

 

I have checked my credit report recently and noticed that there is a default notice and a CCJ for the same account, is this correct? And if this is correct how do i get the default removed completely once i have killed the CCJ?

[silverfox1961]

Hi, sorry you were missed. Not surprising really looking at the ime you posted

 

Anyhoo, i'm not sure whether NR could flog the debt on or not but the DCA cannot demand any more than the £50 per month that was ordered by the court unless they go back to court and ask for a variation. I would complain to Trading Standards and the OFT (although the OFT will do bu**er all). Complain to the DCA too.

 

The default will fall off your file after 6 years and the CCJ won't show once the 6 years are up. If the default date is AFTER the CCJ date then they are in trouble as they cannot default a debt that has a judgement on it.

 

Getting the judgement set aside is (I think) a no no as you admitted the debt.

 

Hold fire for more info from the more experienced members but as it's Christmas, don't expect anything too soon.

 

Keep bumping

 

fox

[dx100uk]

is there mention about RBS not being able to contact you on the actual court judgement paperwork?

 

if so, they have broken the terms of the CCJ, youcan stop paying it. it is now invalid.

 

dx

[threeamp]

Hi DX100UK, i want to get this cleared as soon as possible obviously so stopping paying is a big concern for me. The actual court judgement states that they are to have no further contact with me other than the annual statement required by law. I have done some research on here and on the web and i am now looking at the admin of justice act 1970 harrasment from creditors, does anyone know if this would apply in this case? Also If they have breached the court order and i complain formally to the court what happens then? I dont want to go to court again owing them money and have a new judgement starting from now for 6 years, this one has almost gone!! I do however wish to stitch the arrogant git on the end of the phone from NR right up for treating me so poorly..

 

Silverfox, when i said get them back to court for a set aside i meant ask them to approach the court and have the judgement set aside. Surely the person whom the judgement is in favour of can have it set aside at any time right?

 

Does anyone know what i can do about the default on my record??

[threeamp]

bump

[dx100uk]

not my game

 

i'll get this moved to the legal section

 

dx

[MARTIN3030]

Sorted.

[MARTIN3030]

Silverfox is correct and all thats said there is applicable.

CCJs are only set aside in very extreme circumstances for example if the CCJ was entered in the wrong name.

What you would need to do is apply for a variation order as has been suggested,this is done on notice.The other side will be given the chance to accept your reduced offer.If they refuse then there will be a short hearing to determine that.

I suggest sending in a completed income and exp sheet with the application.

Insofar as NR breaching any order that stated no contact,you will have the opportunity to have this looked at again.

As regards the credit reporting-as has been said,its unlikely to be removed from your files until the 6 year end-although if the CCJ is settled,then there is a requirement that your files are marked to show settled.

Debts can still be sold after a CCJ has been entered,but the parties have a responsibility to inform you in the same ways as with any debts being chased or recovered.

[threeamp]

Hi Martin, thanks for your answer! Who do i need to contact to start the ball rolling on the breach of a court order re contacting me?

[threeamp]

Hi All, Still hoping for info on what to do about this default! Its on my experian check 10 days after the judgement and is for the same account!!! How do i get them to take it off if it shouldnt be there??

[silverfox1961]

Morning,

 

For clarity, What date is the CCJ registered on your credit file and what date has the default been registered.

 

As a CCJ replaces any default (i think) if a default has appeared after the judgement date, complain to Experian and the creditor.

 

As for the contact after they have been told not to, have a word with trading standards to see what they can offer.

[threeamp]

Default 10/10/2005

CCJ 30/09/2005

[silverfox1961]

Having done a little hunting, it is clear to me that you cannot be defaulted after a CCJ on the same debt, especially as you are paying it.

 

You could write to the DCA and the Credit Reference Agency demanding its removal however, as there is only 10 days between the two, the default will fall off your file 10 days after the CCJ falls off so is it worth it?

[threeamp]

i understand that silverfox but if its wrong they should put it right.. Just because it will fall off there in 20 months time doesnt make it right!! They saw fit to open then nest so they should deal with the comeback and as much comeback as i can give them...

[threeamp]

OK all, now NR are saying that the default is supposed to be there!! Can anyone tell me the correct process? They reckon that the default stays on there along with the CCJ....

[threeamp]

anyone? I need to know if its legal to have both a default and a CCJ for the same account! If not why not????

[silverfox1961]

Bear with me, I am trying to find the thread I used to confirm what I said.

[silverfox1961]

This isn't the one I was looking for but it will do:

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/232501-default-ccj-advice.html#post2577905

 

I think Postggj is the one to ask for more info. Try to PM him

[threeamp]

PM sent, thanks SF... For the record i have a copy of the court order and it states very clearly that they are to have no further contact with me unless its absolutely necessary!

When they contacted me to demand full payment (twice) i pointed out the court instructions about contact and they backed off very quickly the first time and argued a litle the second time. What i would like to know is what are the punishments they would face for breaching the order of the court and how do i go about firstly communicating this potential punishment to NR and could this be then used as a negotiating tool for the settlement. For example, say i still owe them 4000 and i havent yet complained.. Could i say to them i want them to get the CCJ set aside (thus removing it from my credit file and making me wonderful again) and pay them 2000 as full and final settlement without the need for a CCJ? In return for this being accepted i have no need to lodge any complaint with the courts about their breach etc?? Its a win/win surely? I walk away debt free with a clean record, they get paid the majority of what they were owed and dont get fined etc by the court for the breaches of the court order and the court dont have to listen to me moan about the unwelcome illegal approaches from NR and their little friends...

[postggj]

Got The Message

 

So As I See It

You Have A Ccj For A Debt

A Default Has Been Added After This Ccj

Who By

A Dca Or The Original Creditor

 

I Take It You Are Making Payments To The Court Or Solicitors For The Claimant

The Account Has Been Terminated So When Was The Account Sold To The Dca, They Are In Trouble If After The Ccj

 

Who IS The Dca

[postggj]

Back In An Hour Chaps

Got To Go To The Clinic To Have These Stitches Out Of My Knee

 

See If You Can Get All The Paperwor Together

 

Back Soon

[threeamp]

yes i have a ccj for a debt

the default was added by the original creditor

i have always made payments directly to them by standing order

I have never been informed of the sale of the debt, only ever had the one letter from this DCA which demanded full payment but its pennine recovery (NR by another name i believe)

[postggj]

Ime Trying To Run Down This Pennine Recovery, They Seem To Do Student Loans

 

N R

Whats That Stand For

 

Can You Give Me A Phone Number And Address For This Company

[threeamp]

N R = Northern Rock

As for Pennine Debt Recovery

PDRS Ltd

Selectapost 35

Sheffield

S97 3FB

0844 8267859

[postggj]

You Now Have Me Very Interested

Cant Find Them On Companies House

No Cca Licence

No Dpa Licence

 

Me Thinks They Are Northern Rock Internal Dca

 

Can People Start Digging On This Lot

 

Very Suspect