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Default & CCJ help please?


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Hi,

 

If anyone can offer some help or advise on the situation below I'd greatly appreciate it.

 

I have been given a default by Cahoot (santander) for an overdraft on my current account. The account went over the limit (£1,000) because of a small interest charge and then they stacked in up with loads of charges so I ‘owe’ £1,250. I’ve had the account and overdraft since around 2000 when they launched.

 

 

I’ve sent a CCA letter over a month ago and still had no response. I’ve sent a follow up letter today.

 

 

I checked my credit report on Noddle and the address they have listed is not mine and I have never provided this to them. I’m assuming all correspondence relating to the default has been sent to this address so I haven’t received any of it. They have never contacted me by phone or email even though they have the correct details.

 

 

I also have a CCJ from 2011 for a loan. It was for an educational course, I was made unemployed and couldn’t make the payments. I didn't get the letters in time, they were going to my mum's address. she'd just gone through a nasty and lengthy divorce and went away for a while. As soon as I got them I contacted to arrange payments but they'd just posted the claim. Missed it by 1 day, gutted! Anyway, can I use the CCA to check the loans enforceability (I didn’t do this previously), if it turns out to be unenforceable can I get the CCJ removed? Or anything else I can do?

 

Thanks.

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Once they have a ccj a CCA request will do nothing

 

If court paperwork has gone to another address you could apply to have it set aside then callange the claim

The claim you missed by 1 day will still stand and show on credit report for 6 years!

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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doesn,t matter what address the default is registered at

 

if you did not inform your creditors of a change of address

thats you fault

no reason to set aside sadly.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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doesn,t matter what address the default is registered at

 

if you did not inform your creditors of a change of address

thats you fault

no reason to set aside sadly.

 

dx

 

The CCJ and the default are 2 separate accounts with different organisations.

 

The address Cahoot have served the default to is not and has never been my address. How and why they have this address is a mystery.

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Then you need to begin the application to have this set aside.

However ask yourself this.

 

IF they start the case again, do you have a way of defending the action? If not, all you are doing is drawing out how long the ccj will remain on your files.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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It is unlikely you will receive an copy agreement for a current account - however they should have your address details correct - so it might be worth sending a Subject Access Request to see what the full history is on your account(s) with the bank and also provide them with updated details.

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Ok it seems that I have confused matters by asking about two separate things in this thread.

 

Cahoot is a current account with OD, they have the wrong address for me which I didn't give them and is not mine. The account went into unauthorised OD because of an interest charge and then they spun it up with other charges and have now put me into default. I sent CCA letters but it appears that was the wrong letter to send. I've found another one relating to current accounts.

 

The question is - with them serving the default to an incorrect address what can I do about it?

 

The loan was a few years ago. I got a CCJ for it. I didn't check the enforceability at the time. The address was correct although I was working away from home at the time, hence missing the letters. It sounds like there isn't much that can be done about it now.

 

The question is - if I find that the loan was unenforceable would that at least give me a position to negotiate a settlement?

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Ok it seems that I have confused matters by asking about two separate things in this thread.

 

Cahoot is a current account with OD, they have the wrong address for me which I didn't give them and is not mine. The account went into unauthorised OD because of an interest charge and then they spun it up with other charges and have now put me into default. I sent CCA letters but it appears that was the wrong letter to send. I've found another one relating to current accounts.

 

The question is - with them serving the default to an incorrect address what can I do about it?

 

The loan was a few years ago. I got a CCJ for it. I didn't check the enforceability at the time. The address was correct although I was working away from home at the time, hence missing the letters. It sounds like there isn't much that can be done about it now.

 

The question is - if I find that the loan was unenforceable would that at least give me a position to negotiate a settlement?

 

 

No. The loan has already been enforced and any appeal time expired

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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as first line post 4

sadly it does not matter

 

 

you outline above that you 'did' default,

the fact its gotten a wrong address against it is immaterial.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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How can it be immaterial?

 

 

You can't just make up an address and then send all communication there.

 

 

If I'd received letters I would've been in a position to do something about it.

 

 

If that's the case I must've sent a cheque for payment to the wrong address.

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can you prove they knew of your correct address?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ok so sar time then

 

 

prove they knew the correct address.

 

 

but. unless you can prove that you could have cleared the balance in 14days

they'll simply issue a new one.

 

 

what date is the default

 

 

 

 

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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really that recent.

 

 

have you called them and complained

might be worth a shot?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

I wrote to them multiple times (recorded delivery) to inform them of the incorrect address. Including the month prior them defaulting me.

 

I have received SAR info from them. You mentioned proof they knew the correct address,

 

 

what constitutes proof in the SAR?

 

 

All my address history is listed but with the incorrect one as current.

 

 

There is no other information regarding this.

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