Jump to content
FSpencer

How many warning letters before they go for CCJ?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3586 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I want to avoid a CCJ on an account I defaulted on, but need to buy myself some time (6 months to deal with another higher priority debt). The default was 5 years ago, and I was paying a monthly amount until earlier this year when I CCA'd them (CCA looked ok, statement of account did not), I've not had any demands from them since then.

 

Is the next thing I'm likely to get from them a CCJ, or should I expect some warnings first?

Share this post


Link to post
Share on other sites

It depends on who you are dealing with - perhaps you can give more details?

 

Usually you would get letters asking for payment and then a county court summons which you can then defend or accept. At this stage you could still contact the claimant and make an arrangement with them (which could be to their benefit as it will cost them to go through with court action and avoid a CCJ. Unless you have moved or do not receive their correspondence they should not be able to get a CCJ without you knowing and you can in these circumstances apply to have it set aside.


At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

Share this post


Link to post
Share on other sites

Duplicate


At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

Share this post


Link to post
Share on other sites

as stated depends who the dca is and the amount and how sure they are that all the paperwork is in order


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

Share this post


Link to post
Share on other sites

How long is it since they sent their version of the CCA and are you sure it is enforceable? When did you last hear from them.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

Share this post


Link to post
Share on other sites

I got the CCA and a statement covering 2010 back in June, didn't hear anything after that. But last week I got another statement (again covering 2010 only), but no demand for payment.

I checked all the points on the CCA and it looks ok.

Share this post


Link to post
Share on other sites

Without knowing at least an approximate amount - the more it is the more likely they are to chase you - and the company involved - some companies go almost straight to court, some never do - it's impossible to answer your question.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Share this post


Link to post
Share on other sites

You need to post the CCA they sent minus personal info. It would also help if you could avdvise who the OC and DCAs are.


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

Share this post


Link to post
Share on other sites

Ok, I'll look into getting these scanned and posted.

OC is Santander (formally Cahoot flexi-loan), the DCA was Apex (but they closed my account and referred to OC when I asked for the CCA), so the loan I guess is currently sitting with Santander collections dept.

The amount is around 10k.

Share this post


Link to post
Share on other sites

You're going to have to be careful with this one as £10,000 is a pretty penny for them. SAR Santaderwhatsitimaything.

 

As they have not complied with your CCA request you MUST put the account formally in to dispute. There is a letter fos this in the templates library.

 

An account in dispute cannot be sent the CCJ route until such time as the breach of CCA 1974 is remidied :)

Edited by babybear39
forgot a bit

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

Share this post


Link to post
Share on other sites

Duplicate..Oops!

Edited by babybear39

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

Share this post


Link to post
Share on other sites

In theory, at least. But how many creditors try it on anyway?

 

As above, £10,000 is enough for anyone to be persistent, but if you've not heard anything from Santander for a while, I'd be very tempted to let sleeping dogs lie. As it was with Apex, they are unlikely to start chasing again themselves, so writing to them might just remind them that the account has been returned and prompt them into selling it to someone else.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Share this post


Link to post
Share on other sites

Sorry, that image upload was a disaster. I've used OCR to convert the CCA image to text, here it is (minus my personal details):

 

flexible loan

Initial Creditor Substituted Creditor

cahoot Abbey National Cahoot Limited

 

(a division of Abbey National plc) Abbey House

Friars House Baker Street

p0 Box 1982 London NW1 6XL

Coventry Cvt 2ZD

 

This agreement together with the cahoot account terms and conditions, a copy of which are enclosed,

sets out the terms and conditions on which we agree to open a cahoot flexible loan for you.

The main financial details of the cahoot flexible loan are set out below.

We are the initial creditor and ANCL will become the creditor under the terms of this agreement only if substituted as provided for below.

Unless and until substitution takes place, all correspondence must be addressed and sent to us at the address shown above.

Once substitution has taken place, all correspondence must be addressed to ANCL and all references to cahoot in this agreement

and in the cahoot account terms and conditions will refer to ANCL.

 

 

credit limit

 

We will tell you from time to time what your flexible loan limit is.

 

 

Interest rates and APRs

 

The interest rate for withdrawals and balance transfers is a monthly rate of 0.6433%.

The APR for withdrawals and balance transfers is 8% (variable).

The APR is calculated on an assumed credit limit of £100.00

 

 

repayments

 

Each month on or before the payment date you have chosen you must pay at least the minimum payment set out in your cahoot

flexible loan statement. The minimum payment will be the greater of:

• £50 (or the full flexible loan balance if it is less than £50); or

• 3% of the flexible loan balance.

The payment date is the day which falls 15 days after each statement date on or before which we must have received the minimum

payment under the cahoot account terms and conditions. The statement date is the date set out on your cahoot flexible loan statements.

 

variations

 

In calculating the APR, we have ignored any changes to the interest rate, fees or other charges which we may introduce

or vary under the general condition 7 of the cahoot account terms and conditions.

 

 

substitution of creditor

 

We will give you advance notice of substitution and will confirm to you when this has taken place.

Upon signature of this agreement by ANCL, ANCL will be substituted in our place.

We and you shall be released from obligations owed to each other, and in respect of your cahoot flexible loan,

and all monies standing to the credit of'your cahoot flexible loan, our respective rights against one another shall

be cancelled ('the discharged rights and obligations') save as provided by statute. You and ANCL shall assume obligations

towards each other which differ from the discharged rights and obligations only insofar as you and ANCL have assumed

and/or acquired the same in place of you and us. This means that any debit balances on your account will be owed to ANCL.

Any security you have given will continue in force and will become vested in ANCL when substitution takes place.

For the avoidance of doubt, upon substitution, ANCL may transfer (by way. of absolute assignment,

by way of novation or by way of security) any or all of its rights or its rights and responsibilities (whether legal or equitable)

under this agreement and your legal rights will not be affected.

Your signature(s) on this agreement constitutes a continuing offer to accept the substitution of ANCL for us.

You agree that this offer will remain in force until accepted by ANCL or until ANCL receives confirmation in writing

from you that you have withdrawn the offer. Such notice must be received by ANCL prior to it signing this agreement.

 

 

data protection statement

 

If two of you are making this application, each of you should read

This statement' relates to the information you have given in the online application form and to any other information

which you provide (or have already provided) to us or which we hold on you from time to time.

By signing this agreement you confirm that we may use your information for credit assessment,

which may include credit scoring. We may search the files of credit reference agencies which will

keep a record of each search and make any other enquiries relating to you that we consider necessary

(e.g. from another financial institution). Details about you and the conduct of your cahoot account may

be passed to credit reference agencies and these details will be used by other lenders and all others a

uthorised to search the credit reference agencies' files, for purposes such as credit assessment of

you and members of your household and occasionally for debtor tracing and fraud prevention. Your information

may also be shared direct with other financial organisations to protect against fraud.

You agree that we may use your information to open and manage your cahoot account and to improve the

products and services it offers to you and other customers. In particular, we may use your information

to inform you about products and services in which you might be interested. We may give essential information

about your cahoot account to others including other companies in the Abbey National Group, associated companies

and business partners where this is necessary for the operation of your cahoot account and to people acting as

its agents, on the understanding that they will keep the information confidential and secure. We may send your

personal data to Abbey National Group companies, associated companies or business parties overseas, including

to countries outside the European Economic Area, on the understanding that they will keep the information confidential and secure.

In the event that ANCL becomes the substituted creditor, you agree that ANCL may use your information

as detailed above.

You agree that the information may be shared with other companies in the Abbey National Group, associated

companies or our business partners and (in the event that ANCL becomes the substituted creditor), ANCL

and its associated companies and business partners, to advise you, by post, telephone or other electronic

media, of any products and services that may be of interest to you. When deciding

whether to send you details of credit products, we may disclose your name and address to a credit

reference agency in the future (if you are 18 or over).

Your name, address and telephone number may be disclosed to reputable market research organisation

for the purpose of confidential market research surreys conducted by post or telephone on our behalf.

First named customer: You understand that if you do not want to receive such marketing information

or do not wish your name and address to be disclosed to such market research organisations, you can

indicate this by ticking this box. 0

Second named customer: You understand that if you do not want to receive such marketing information

or do not wish your name and address to be disclosed to such market research organisations, you can

indicate this by ticking this box. 0

 

IMPORTANT — YOU SHOULD READ THIS CAREFULLY — YOUR RIGHTS this statement.

 

The Consumer Credit Act 1974 covers this agreement and lays down certain requirements for your protection

which must be satisfied when the agreement is made. If they are not, we cannot enforce the agreement

against you without a court order.

The Act also gives you a number of rights. You have a right to settle this agreement at any time by

giving notice in writing and paying off all amounts payable under the agreement.

If you would like to know more about the protection and remedies provided under the Act, you should

contact either your local Trading Standards Department or your nearest Citizens Advice Bureau.

 

By signing this agreement, you and any joint account applicant confirm you have read and accept the

cahoot account terms and conditions, a copy of which are enclosed. The agreement will only be binding

on us when you have signed and returned the agreement to us and we have completed our final checks.

This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms.

Signature of first named customer

Signature of second named customer (if any)

Date(s) of signature(s)

 

Signed on behalf of cahoot, a division of Abbey National plc

 

Initial creditor

Date

Day Month Year

ccapage1.jpg

Share this post


Link to post
Share on other sites

As I said before the CCA looks pukka to me, it was from 2001. The CCA also mentions the separate document of t's and c's.

 

If anyone does see any holes in it, then I'm all ears.

Share this post


Link to post
Share on other sites

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Share this post


Link to post
Share on other sites

Hi MandM,

 

Don't worry about the images, I converted them to text and pasted straight into the post 2 above yours.

 

Cheers

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...