joint CiTi debt - my claim stayed, OH got default CCJ - didn't file defence - help

[dx100uk]

2 threads merged for history

 

 

please keep to one thread

for all issues regarding these claims

 

 

dx

[citizenB]

Aha, I didn't realise there was another thread from a while back.. sorry about that dx

[AndyOrch]

Well obviously the payment from your wife does not include any contribution from yourself..she is your ex wife.I assume her judgment was payment by forthwith..did she make application using the N245 to vary to monthly?

 

Andy

[imola186]

Hi thanks for the quick replies.

 

 

Yes it is a joint account and two separate claims were issued.

 

 

When my ex went to court the judge said the judgement to be issued in her name only and not mine as it is to remain stayed.

 

 

She asked about arranging to pay and the judge said to deal with the company direct.

 

 

I am paying half by giving my ex half the money so we both pay.

 

 

I will be in a position to fully clear the balance in Feb 2016 but that is still a way off unfortunately.

 

 

Even though I am paying half I didn't want them to use that as a reason to try and lift the stay if that makes sense.

 

 

I am sort of hoping that as long as they are being paid they will leave things as they are.

 

 

How easy is it to get a stay lifted if they apply.

 

 

By the way with this account we never had any default notices etc issued from citi bank.

 

 

I've noticed a lot about dca and cca requests being submitted.

 

 

Would it be worth me doing that just in case it goes wrong for me.

[ericsbrother]

As you are divorced the law treats the matter as though you have died

you cannot be asked to make a contribution to someone else's debts nor can your finances be taken into account.

 

 

The company can chance their arm by trying to remove the stay but they will probably then fall foul of the SB date

and you can also challenge the phantom payment.

 

 

If that does indeed prove to be false then a complaint can be made of fraud and your ex may then sue for her money back.

 

 

However, they arent likely to go down that road as they have someone paying them

but are hoping you are good enough to pay them if your ex decides to file for bankruptcy or the like.

[imola186]

Hi thanks again.

God the range of emotions you go through is unbelievable.

Ive been from despair to mega angry.

 

 

I am convinced this has been paid off and I am really annoyed that I am paying for something which has already been paid !!!!.

 

 

However due to the situation I will carry on paying until I can prove otherwise.

 

 

Do you think its worth me sending a SAR request to CITI.

 

 

Also is it a legal requirement for them to have issued default notices before they can take any action.

 

 

we had recieved no default notices and

the letters saying Arrow had taken the persumed debt on

came as a complete surprise.

 

 

Having read a number of threads on here

the creditors and DCAs seem to make up rules as they go along.

 

 

Is there a thread with a logical order of how things should progress.

 

 

ie loan defaulted - default notice issued - etc etc.

[mikeymack2002]

Yes you should have recieved a df notice and a rememedy date did you get this from the OC?

 

Also please be aware of the changes in bailiff laws in 06/04/2014 where if you default a payment the fees are huge so do not miss any payments to save getting a bailiff involved as it will add to your debt

 

SAR and CCA the OC soon and get that information back and update youtr thread please.

 

You also state that you think the debt was cleared earlier then i would also be chasing this informtion up urgently as well

 

The CCA should give you at the least a copy of the agreement not the appilication + all terms and conditions at the start during and at the end of the agreement.

 

The SAR will cover everything else.

 

May I ask if you did a debt consolidation loan as well

 

Also have you been getting annual statements of account from the OC/DCA?

[imola186]

Hi thanks again for the reply.

 

 

No I didn't receive any default notices from the OC.

 

 

The last statement received was on the 23 June 2008.

I've received none from the DCA.

This statement was supplied by the DCA when I queried it saying I thought it had been settled.

 

 

This statement shows the last payment of 01/05/2008.

 

 

In their letters they said the final payment was made on the 01/07/2008 and again a random payment in 2009.

 

 

They cannot supply any details of those payments which I find strange if they said the payments were made

and they are not represented in the outstanding figure.

 

 

Along with the statement they provided an insurance application form

a pre contract information form and

a fixed sum loan agreement showing the figures and detailing default charges etc.

 

 

I asked for details of what bank the DD payments were made from

so I can start my investigation to see if that shows the loan being settled.

They can't supply that information.

 

 

The problem is I've got no paperwork showing the loan being settled.

 

 

In the past when things have been paid off I've kept paperwork for a year then I've got rid of it.

 

 

I know know to keep it for at least 6.

 

 

I suppose the only redress would be if the OC and the DCA have not followed the rules correctly.