Making offers - Is it possible?

[zenith000]

Hi,

 

Through divorce and no fixed abode in 2005 for about a year i was given a ccj and default (which reside on my creit file). My money has been managed well for some time now. Only this last week, i have had the need to acquire credit fpor a new car - to no avail.

 

Is it possible to make offers to settle both these sums which are both around the £500 marker. (Next Directory - default) and Southampton County Court the other (not sure of reason just yet)???

 

I am aware that these are with me for some years now. but due to lack of defence i.e. not getting my mail this has to be lived with.

 

I have registered with Experian and will monitor the credit score during the next year.

 

Any thoughts or advice on this offer question is welcome.

 

Lastly, will having these both moved to settled help me in coming back into mainstream loans (or is that a little too much to ask at this stage)

[foolishgirl]

First, re. the Next debt - you can make a F&F settlement offer to them but it won't necessarily remove the default for you that is making your credit rating difficult.

 

You may also find that the agreement you have is unenforceable (many Next ones are) so I suggest you start by sending a S77/78 request under the CCA1974 to them to try & get hold of your agreement. It costs £1.00, do not sign the letter (print or use dig. sig) & send Rec. Del. The template is here:

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

If the agreement is then enforceable &/or you want to settle send a F&F letter - template here, Letter J:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

You can post a new thread in the Next forum for specific help.

 

Re. the CCJ you need to apply to the Southampton CC for the judgment notice & also the original POC if they have it. Try phoning them, they may just send them out to you without any charge. As you did not receive the POC due to house moves etc. you may have a case for a set aside of the judgment but again you would need to obtain the agreement from the OC, as with Next, to assess the situation.

 

IMO there is no point in offering a F&F on a CCJ as (a) the claimant has a court order for the full amount & is unlikely to settle for much less & even if they did you would have to go back to court to get it amended & (b) in respect of getting your credit rating boosted, the CCJ remains on your file for 6 years anyway regardless of any settlement.

[zenith000]

Thanks for the info,

 

I shall progress with the Next issue this week.

 

Also, does a CCJ stay on file after 6 years if NOT satisfied or does it drop off regardless of the status of it?

 

regards

[247orbital]

drops off your file regardless.

[zenith000]

Hmmm,

 

I need to find out wht its for then and possibly live with it for the next 2 years.

 

Would it help much in the way of credit score if the judgement showed satisfied?

[foolishgirl]

 

Would it help much in the way of credit score if the judgement showed satisfied?

 

IMO, no & you must also bear in mind that although the CCJ drops off your file in 6 years it can, in theory, be enforced beyond that period.

[avatari]

re CCJ, as foolish girl says, look at the set aside option - if you can prove you weren't at the address when the papers were sent out, then you can show you had no opportunity to defend. This gives you a VERY strong chance of judgment being set aside - I know, I've successfully set aside a CCJ in exactly that situation.

 

re default, as you are probably missinga lot of paperwork, I recommend a Subject Access Request rather than just CCA, this will give you more information which might prove useful in removing default on technicality.

 

agree with foolish girl that 'settled/satisfied' on either or both will have little or no effect whatsoever. paying off does not remove fact that record shows you failed to keep to credit agreements, which creditors don't like. banks will always suggest you satisfy/settle ccjs/defaults to help your file - it's in their interests to do so! settling only has this effect with the banks: "if you pay us back, this might help your credit-worthiness...oooooohh, thanks very much....ahhhh, no you can't have a credit card/loan with that credit record!"

 

have you still got the Default Notice? if not, definitely SAR. hope this helps