old cap1 debt, CCJ, then CO, charges reclaiming.

[giveITallback]

Hello,

 

I got a CCJ and didn't defend it in time.

 

The judgment was entered and since then Robinson Way have gone for a charge on my property.

 

I have tried to stop that by offering to pay something in installments.

 

The case has had to be moved from our local courts to one in the nearest city as it has closed down.

 

What I would likt to know is is there any way I can perhaps ask the claimant to produce documents

 

and if they fail have the case set aside or has it gone way past that now?

 

Hope someone with some knowledge can lend a hand to a normal joe.

Edited October 25, 2011 by giveITallback
spellings

[the_shadow]

Did you have a good reason for not filing a defence in time

 

 

and i really do mean a GOOD reason.

 

 

A Judge will not accept a set aside unless there is a bonafide reason

 

 

why the defendant did not respond in time to the court.

 

S.

[the_shadow]

As to the charge on your property, do you own it outright or do you have a partner?

[giveITallback]

Hi, thanks for the response.

 

I think I didn't get much time after the letter came really late.

 

We get problems with our mail and two other properties with very similar addresses.

One has them same post code but is a different block of flats.

 

We are actually talking with the council as a group regarding a brand new Post Code being created for one of the propeties.

I guess I knew I couldn't prepare a defence in time and just thought I'd lost this one

 

I am the home owner well with the bank of course and it's just in my name.

 

Thanks

[the_shadow]

Hi, sorry you havent received more response to this.

 

The problem as i see it is that clearly there WAS a window where you COULD have done something,

you state yourself you felt you didnt have enough time and did nothing.

 

A judge would clearly see the time taken to receive the letter as a valid argument

however he/she would ask why you did nothing when you did receive it...

you could have applied for more time for responding from both the plaintiff and then the court.

 

The fact you accepted it counts against you imho.

 

 

S.

[giveITallback]

So I'm flogging a dead horse and should accept it and move on?

 

Cheers for the responses btw

[the_shadow]

Well you might be able to convince a judge that you didnt know the legalities

and didnt have enough time to find a solicitor but I do feel its a long shot.. sorry!

 

Its easy for me to make comments that you should have done this or that and please dont take offence...

its just people dont realise that the courts are just like a business in reality

and they have no connection with people until it gets to a hearing in front of a judge (if you get a good judge)

 

If proper process is not followed even if you dont know that proper process then the end result is judgment in default.

 

S.

[giveITallback]

OK s pointless looking into that and making sure the claimant had all the relevant docs.

 

Another question then if I may.

 

I got a CCJ over 6 years ago that I'm still paying off monthly.

 

1 - Do I need to carry on paying this after 6 years?

2 - If the CCJ jas not been satisfied does it still remain on your credit file until it is even after 6 years?

 

Cheers

[Ganymede]

They CCJ won't be on your credit file but it will still exist and will still be enforceable.

[the_shadow]

OK s pointless looking into that and making sure the claimant had all the relevant docs. Another question then if I may. I got a CCJ over 6 years ago that I'm still paying off monthly.

 

1 - Do I need to carry on paying this after 6 years?

2 - If the CCJ jas not been satisfied does it still remain on your credit file until it is even after 6 years?

 

Cheers

 

It drops off you credit file automatically and the trust register after 6 years although the creditor can re-register it on your credit file, sometimes they dont...

 

S.

[giveITallback]

Are they likely to re-register it if you are paying monthly ontime and have been for 6.5 years?

 

 

I suppose I could check my credit file but didnt want to as it shows up I've requested it right?

 

 

That could leave to DCA's coming after me again couldn't it?

 

Cheers

[giveITallback]

Hi,

 

I have an old Credit Card that became A CCJ nearly 2 years ago.

 

 

I did at the time fill in a defence albeit they said it didn't arrive in the alloted time and judgement was entered.

 

 

I wondered if there is any point in trying to figure out if there is anything that should of prevented it from going to court.

 

 

It was a default for nearly 6 years before the CCJ so it's going to be on my file for 10-11 years in total.

 

Any advice would be great.

 

 

I did do a CCA request and have a copy of that but it's a photcopy of a page from 2002

and the rest is a print out of general terms.

 

 

There are many late charges and interest on the account around the time of the default.

 

Many Thanks

[unclebulgaria67]

I see the CCJ and the interest/charges as being separate issues. Whoever applied the interest and charges are responsible for dealing with any complaint you have. So obtain the details by making an SAR request and then once you have the details make a complaint. Follow up with the FOS, if they don't resolve.

 

If you want to re-open the CCJ,I think that would be difficult 2 years down the line.

 

Nb. Having said that, you might want to check with the FOS, whether they would look into a complaint, where the debt had already been to court and ended up with a CCJ by default. I know the FOS won't touch a debt where a court is dealing, but wonder if they would look at an issue, that a court never considered.

[giveITallback]

The court didn't consider anything as such as I said the defence apparantly arrived too late with them.

 

 

Also the amount before court is around £3k and after court 4k is this the norm?

 

Cheers

[unclebulgaria67]

The court didn't consider anything as such as I said the defence apparantly arrived too late with them. Also the amount before court is around £3k and after court 4k is this the norm?

 

Cheers

 

An extra £1k after a default CCJ, seems quite high. I presume that they claimed £3k, plus 8% interest for the relevant period and then the costs of issuing the court claim ?

 

Speak to the FOS, to see if they would accept a complaint about charges/interest if you could not resolve with the original creditor, if a debt collection agency had since obtain a CCJ by default. If they would, then make a note of the persons name for future reference.

 

Then make a complaint about charges/interest on the card account to the original creditor. Probably best to SAR them before you complain to get hold of the details, as they may not deal with the SAR properly if you complain at the same time. Ideally your complaint needs to be informed with details of the charges/interest. They would have 8 weeks to resolve and if you are then not satisfied, take your complaint to the FOS, with a note of the name of the FOS person who agreed they would look at it.

 

That is what I would do for now. You never know, you may be rebated some of the charges and you can use this to pay towards the CCJ.

 

If you want to look at the CCJ again, then I would suggest that you obtain a copy of the court files on this, to see if the procedures were properly followed, in regard to allowing enough time. You could also send an SAR to the debt collection agency for a copy of their records. Then see if there is any reason you can find, to request a set aside or other action.

[giveITallback]

Cheers, I'll do all that. I've not made any payments to the CCJ yet either although they have a charging order against the property.

 

Also is there a problem with the site as I can't find two of my more recent threads when looking at all my posts since I joined (these threads have had several replied so definately exist), the search box also doesn't work either saying database errors.

[unclebulgaria67]

Cheers, I'll do all that. I've not made any payments to the CCJ yet either although they have a charging order against the property.

 

Also is there a problem with the site as I can't find two of my more recent threads when looking at all my posts since I joined (these threads have had several replied so definately exist), the search box also doesn't work either saying database errors.

 

I believe with a charging order it depends on how this is registered. Some require the claimant to be notified after the house is sold and others require the claimant to be paid out of the proceeds from the house sale. I have read a number of cases on here, where people have been able to sell their houses and their solicitors have found out the charging order did not require the claimant to be paid.

 

I think it might be wise to leave contacting the DCA, until after you have looked into the charges/interest with the original creditor. Contacting them might just provoke them into asking whether you want to make any repayments.

[giveITallback]

Anyone know of the current address for SAR for a capital one CC? Does it matter at this stage about a CCA agreement being valid or not? I have it, I can upload?

 

Thanks

[lookinforinfo]

The sar bank addresses are all listed under each individual bank as a "sticky". Here is the one you want-

 

Legal Compliance Specialist

Capital One Bank (Europe) plc

Trent House

Station street

Nottingham

NG2 3HX

[giveITallback]

I've managed to find my statements from them. Is it still worth while sending a SAR if the final statment shows the same defaulted figure?

 

Thanks

[giveITallback]

anyone know if it's worthwhile If I have all statements already upto default and the amount on the final statment is the same as the amount chased by the DCA?

[giveITallback]

Is it worth posting up the CCA they sent to me? As I mentioned it is just a poor copy of a signature without the prescribed terms. A blank application is attached and a print out of t's & c's.

 

Thanks

[giveITallback]

it's all gone quiet

[giveITallback]

I see the CCJ and the interest/charges as being separate issues. Whoever applied the interest and charges are responsible for dealing with any complaint you have. So obtain the details by making an SAR request and then once you have the details make a complaint. Follow up with the FOS, if they don't resolve.

 

If you want to re-open the CCJ,I think that would be difficult 2 years down the line.

 

Nb. Having said that, you might want to check with the FOS, whether they would look into a complaint, where the debt had already been to court and ended up with a CCJ by default. I know the FOS won't touch a debt where a court is dealing, but wonder if they would look at an issue, that a court never considered.

 

Hi, I have found my statements from the OC so is it worth sending off a SAR still?

[giveITallback]

Hi,

 

almost 4 years ago I received a CCJ for a credit card (Capital One).

 

 

I had previously sent a CCA request and received a photocopy of my signature with a printed on (by them) confirmation of my address.

 

 

On that signature page non of their original wording was legible as it was too small and a poor copy.

Attached was a copy of what I assume were the current t&c's at the time.

They were certainly not the original terms as they referred to chip and pin for a start

which wasn't rolled out until more than 2 years after I'd taken out the agreement in 2002.

 

 

There was no mention of any credit limit and the interest rates formed part of the typed up t&c's with no evidence

they were on the original agreement form and therefore the actual ones at the time.

 

The original CCJ contained unfair interest and charges too

 

Is there anything I can do about the CCJ based on the CCA being iffy?

 

It eventually ended up with a charging order being put against the property a few years back.

I went to a hearing but the judge spoke in tongue I didn't understand

and ultimately I missed an opportunity to avoid the charging order by making monthly payments.

 

I'll need to remortgage my property in the next 12 months to reduce the monthly payments

and wondered if there's anything I can do about the charge or should I ring up Robinson way

and see if'll they accept a one off reduced payment to clear the debt.

 

 

I notice there's been around £1600 added to the amount since the CCJ/hearings.