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    • Hello, on 9th of July 2018 I was issued a CCJ for 326£ for a non payment into my Natwest account - 6 month earlier I moved abroad and despite my better knowledge my direct debit with the phone company wasn't properly closed and the Natwest account went into arrears for that amount. As soon as I found out of that matter on 20th October 2018 I settled the amount in full with Moorcroft (the debt recovery agency instructed by Natwest to recover the amount).   When I returned to the UK I was shocked that my credit score was completely depleted - despited an otherwise good record - and that for the following 5 years I won't pretty much be able to access credit and other common financial products regardless of the fact the debt has been paid in full (and despite a stable high salary etc.).   When I contacted Moorcroft in January this year they said they can't do anything about it and the record will stay as is. They said the best they could do was to send me a letter (attached) that I can use as a confirmation that the CCJ was now settled. I was pretty sad and frustrated and shocked that a 300£ debt could put me into such distress (I literally cannot even get a monthly mobile phone plan) and despite having settled it I would carry such consequences for the next 5 years... so I archived the letter and tried to forget about it.   I recently checked my credit report and it states that the CCJ status is still active.   I would like to ask:  - is it really not possible to adjust the CCJ status ?  - are there any actions I can take to mitigate my situation ? - shouldn't at least Moorcroft have sent a more comprehensive letter stating that the CCJ was settled (instead of a generic 'payment received' with no indication of what and why) ?     Note: when I tried to contact Natwest in October 2018 they bounced mee across several departments but ultimately no-one could/would want to help as the account was permanently closed and passed onto debt recovery and they couldn't find much information about my records (apart from saying it's closed and Im no longer a customer of the bank and won't ever be able to be one again).   Thanks, V
    • I hope we can keep this thread for a discussion of SDs. If it descends into a slanging match then there probably isn't much point in having it.   HB
    • phew, just got an email from scmreferrals@justice.gov.uk.    I was worried that because the N180 was 5 days late, they would reject it.    There is still an new default on my credit file for the original amount + court costs. Surely Lowell shouldn't have submitted this yet?  
    • The solicitors have acknowledged my CPR request but have yet to provide anything, no response to my CCA request yet.   I would like to get a defence in before the end of this week, can anyone help me put together a defence?   Thanks
    • There were express terms of repayment of the capital plus interest over 60 monthly instalments.  However, you are saying the Default has no effect, so that when charged-off the interest did not have to be rescheduled?   P.S. It may be irrelevant, I don't know, but I can’t see an acceleration clause in the CCA allowing them  to ‘call in’ the entire amount of interest on the 5 year loan?  Copy of the Ts & Cs from my original CCA attached. Clause 2 (c) refers to interest being charged until settlement, but I’m not sure that is an acceleration clause.   If you have any thoughts on the above they would be greatly appreciated. 20191120102845876.pdf
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sjm1963

DLC threats of charging order

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Hello,

I'm so worried and slept very little last night

 

DLC bought the debt I had with MBNA,

and along with lots of other creditors

 

I have been paying a fixed amount each month and never missed a payment,

 

they called me last night wanting to take my £5.00 a month to 1 percent of the balance which would make a payment of £85, I

 

told them that I have little to money left at the end of the day and am paying off 11 other creditors,

 

they say they will now go and get a charging order and force the sale of my home,

at my age I will never get another mortage,

I feel sick to my stomach.

 

Any advice would be greatly recieved

 

I have called the old CCCS and they have made an appointment for me to speak to someone in regards to a possible IVA

as I have been juggling all this debt for two years and am shatterd by it and the late nights calls.:|

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Hello and welcome to CAG. I'm sorry to hear about your problems and hope the guys will be able to help you.

 

I'll move this thread to the debt collection forum and leave you a short term redirect here.

 

My best, HB


Illegitimi non carborundum

 

 

 

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just a quicky befor i have to go .

 

stay off the phone you do not have to talk to them it is well known that they will lie and cheat you on the phone

tell them to put it all in writing and hang up.

they will not put in a letter that they will make you sell your home as that is a lie. all they want is more money be strong and tell them NO and I WRITING ONLY.

 

more people will be along later as alot of us on here have day jobs. just sit back relax and have a cup of tea please.


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Hello, I'm so worried and slept very little last night DLC bought the debt I had with MBNA, and along with lots of other creditors I have been paying a fixed amount each month and never missed a payment, they called me last night wanting to take my £5.00 a month to 1 percent of the balance which would make a payment of £85, I told them that I have little to money left at the end of the day and am paying off 11 other creditors, they say they will now go and get a charging order and force the sale of my home, at my age I will never get another mortage, I feel sick to my stomach. Any advice would be greatly recieved I have called the old CCCS and they have made an appointment for me to speak to someone in regards to a possible IVA as I have been juggling all this debt for two years and am shatterd by it and the late nights calls.:|

 

I suspect if this is a first letter from DLC, it is simply cage rattling.. "see how big and powerful we are.. we can absolutely wreck your christmas" !!

 

If they purchased a debt with a repayment plan in place then that is their fault.

 

http://www.consumeractiongroup.co.uk/forum/content.php?840-Stop-your-bank-or-lender-breaching-their-instalment-agreement


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You must stay off the phone - insist on them putting everything in writing - they will very much tone down.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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You have to laugh at their blatant lies and psychological intimidation when these clowns talk to debtors over the phone, if only you had all that ridiculous puerile nonsense recorded then the OFT would be very interested to hear that.

 

As has already been said, NEVER discuss your financial matters over the phone, especially when it comes to these silly little children, if they ring in the future laugh and hang up, if they persist, all you have to say is "everything in writing" then laugh and hangup.

Edited by Bazooka Boo

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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How old is this debt please?


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can you please list all your debt & who you are paying

 

might be an idea to get your CRA file too

 

lets see the REAL picture

 

as for DLC

 

STAY OFF THAT PHONE!!

 

DCA's are NOT BAILIFFS

and have NO such LEGAL POWERS.

 

dx


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The debt was sold to them around 2 years ago

 

Thanks

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can you get your cra file please

 

see below

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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As long as you are paying something off the debt and have never missed a payment, they will look a bit foolish going in front of a judge when you have clearly demonstrated you cannot afford to pay more. Doubt if they will go for a charging order. How much is this one particular debt?

Edited by Surfer01

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Why would a charging order application go be fore a magistrate???


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Why would a charging order application go be fore a magistrate???

Nit picking again which you seem to be quite good at. What have you got against me? I did put magistrate or judge as I was not sure which one and I guess many other people on this forum are not sure who does what in the legal world. If you want to correct, fine, but don't get sarky!

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I commented because suggesting magistrates could be involved in a matter like this could lead inexperienced ussre to think that some CRIMINAL offence was involved and this is purely a civil matter.


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