London Scottish / Robinson Way (old) Default and CCJ advice needed

[lsmcal1984]

Hi all,

After my successes with other entries on my credit report, I have two big tickets from good old London Scottish.

 

Both relate to a joint £2000 loan I took out in November 2005 which I transferred into my own name in April 2006.

However, with interest added, the loan amounted to over £7,200!

 

A default – Defaulted in September 2006 to be deleted in September 2012

A CCJ – given in May 2007 to be deleted in May 2013.

 

I’m not making excuses for myself but as I was 21 at the time, I really had no idea what I was doing (neither did my partner, who was younger than me!)

Retrospectively, it was a highly irresponsible and hard-sold loan. Needless to say, I am older and (a lot) wiser now.

 

I moved around several times over the years and moved into my current place in February 2009.

In December 2010, I received a letter from Robinson Way: “this debt will not go away”.

They had done an “unrecorded enquiry” on my credit file on 21st December 2010 (this has since disappeared).

 

I am contemplating asking London Scottish/Robinson Way for all paperwork and information they hold on this case so I can consider what I want to do.

 

I have one concern before I do this – will the default/CCJ date ‘reset’ in some way, thus delaying its deletion in September 2012/May 2013 respectively?

 

My main concern is that next year (after May), I will be applying for a mortgage or ‘intermediate rent’ on a new development nearby.

This is why I have spent so much time cleaning up my credit file.

These two are the last negative entries that I have on my credit file, following much success from following the advice on here.

 

Retrospectively, I have thought they may try to renew the default automatically, forcing me to engage with them!

Hence I’d like to throw the first punch so to speak. Let sleeping dogs lie or try to prevent future problems?

 

Any advice would be appreciated.

[cerberusalert]

They cannot re-register a default only update it & then it would drop off after six years. The CCJ supersedes any default in any case & again that drops off after six years.

[dx100uk]

a 'new' default DOES NOT reset the SB date nor hold the debt on the CRA file any longer than the expiry of the first one.

you cannot have two defaults on the same debt.

 

the CCJ will fall off on its 6th birthday paid or not too.

 

now

i suspect the 'chasing' DCA knows NOWT aboout the CCJ

so dont tell them.

 

these is noway even if you PAY that you can get the CCJ removed before it expiry

so the call is yours.

 

dx

[dx100uk]

any update

 

dx

[lsmcal1984]

Hi,

 

Sorry for the late reply. Sent my SAR in last week and received the following letter today (I can't post links yet as not enough posts):

 

We acknowledge with thanks your recent letter.

 

In reply, as we are the data processor and not the data controller, we have forwarded your Subject Access request onto our client.

 

If you have any queries, please don't hesitate to contact us and we will endeavour to assist you.

 

Rebecca Stott

Complaints and Compliance Manager

 

No idea what it actually means - will post more stuff as it arrives.

[dx100uk]

sar'es go to the oc not the dca

 

dx

[lsmcal1984]

Received a letter today from London Scottish (in administration) dated 8th February 2012, saying that they will respond in 40 days (due on 19th March 2012).

 

Will post anything that they send to me.

[lsmcal1984]

Today I received the response to my SAR request, which included a selection of documents I have uploaded to the Robbersway (!) photo album on Photobucket (sorry, I am not allowed to post the link).

 

It includes:

A pre-contract agreement (not signed)

The credit agreement - both the original and borrower's copies (not signed)

A statement of account

A statement of price

The covering letter

 

Note the amount of PPI applied (over £800).

 

There are also 46 pages of phone logs, which may include some extra bits and pieces (phone number disconnected, address gone away - letter returned (before judgement!) - when I have time I will upload them.

 

Thinking about how to proceed next, especially with unsigned documents.

 

Any comments are appreciated.

[dx100uk]

scan the required letters/agreements/sheets

as a picture[jpg] file

remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

 

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf

than many single ones

or if you have PDF as an installed printer drive use that

or use word and save as pdf

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

then hit reply button

dx

[lsmcal1984]

Thanks for that - here's the PDF, containing all the items I mentioned.

 

Thanks for looking at it.

LSF.pdf

[dx100uk]

well you've got £24.51 for 35mts PPI to reclaim+8% stat

 

fill out the att xls

 

and i notice its says other idebtedness £427 was this a previous loan?

 

if so change goalposts.

[lsmcal1984]

Yes, took out a £500 loan and paid a couple of instalments and took this loan out. How does this change things?

 

Thanks for the sheet. Calculated PPI at £1180.10.

[dx100uk]

because although it wont be a lot

i bet PPI was on the past loan too

so you have PPI on PPI and PPI int on PPI int.

 

you need the old loans agreement too

 

dx

[lsmcal1984]

Yes, that is correct. The original loan agreement is attached to this message.

 

I have gone through the logs as well, here's a breakdown of some points that concern me:

 

02/05/07 - Summons/Writ issued and served

20/06/07 - Customer gone away

20/06/07 - Mail in - Judgement for claimant returned Gone Away

17/11/09 - Variation - offers £8.95 per month (so they do know about the CCJ; a copy is included)

 

The rest is just tracing and attempted calls.

 

At least I know the default and CCJ won't reset in some way.

 

I wasn't at the address when default and judgement were carried out - no proof that I told them either.

 

I'd like to get the default deleted - wondering if it is possible after all of this time.

original loan agreement.pdf

[dx100uk]

by the time you've argued the default will be gone.

 

dx

[lsmcal1984]

If I claimed the PPI, I assume it would reduce the balance on the default?

 

Would the £1190.34 adjustment reset the default?

 

What about the CCJ? Is this amended or re-served due to the PPI being removed?

[dx100uk]

after all this time

the only way would be set aside

because the papers were served to the wrong address and you knew nothing about the proceedings at all until judgement

but it might be questioned why have you not done this before

 

by the time this gets through court

it'll be dead anyhow.

 

then you'ed still have the org debt to deal with and it'll

be listed somehow still/again as bad credit on your CRA still anyhow.

and for another 6yrs.

 

dx

 

 

you would need to know why the default was issued too

 

if it was continued late payment, then no amount of arguing will resolve it

as if you didn't pay, you didn't pay the markers/default was correct.

 

sar to the OC might the next move

[lsmcal1984]

Thanks for your all of your advice.

 

I'll leave it alone - at least I have the papers in case they attempt to re-register a default when this one expires in September (as I have read does happen!)

 

If they contact me about payment, I won't be calling/speaking to them. Any letters I could use to get them to go away?

[dx100uk]

ignorance is best

 

get that PPU reclaim in and going

 

FOS CQ + SOC + complaint letter.

 

dx