Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Hi Tony,   Please ensure YF does NOT acknowledge any debt  when confirming their new address.   They should simply state, " Please note my new address, as shown above."   Do not say anything about "a debt owed", or "the money you are chasing."   Do nothing that resets the SB Clock - ie acknowledging the debt and causing probs for the next 6 years. 
    • you ring you bank    
    • i suspect the charge on the Land registry site against the house reads:   2. (XX.XX.2007) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to XX Council at P.O. Box XX, STREET, TOWN, POSTCODE, being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   ..............   that is a restriction k and is useless to the council, as all 'legally' your have to do is inform them AFTER the house has been sold . then it's too late money has gone.   dx
    • I have got a copy of the charge. The Land Registry responded to say that the document attached to the RX1 was as follows. The A4 document headed 'Health and Social Services and Social Security Adjudications Act 1983 and National Health Service and Community Care Act 1990' is a statutory charge. However as the person concerned (your late father) was one of joint proprietors of the property, the charge could not be registered or noted. Instead it was protected by registration of a restriction.   This is a statutory charge that has arisen under section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   Unfortunately the Land Registry blog was discontinued on 30 June 2020 [I only found out today!] they're waiting for a new platform which could take a few weeks - so I haven't been able to obtain any other advice, other than what I found in the Hardwick and co website today which stated that S22 of HASSA had been repealed and stated that    After 1 April 2015 a Local Authority will only be able to recover unpaid care home fees by securing a judgment debt either in the County Court or the High Court (s69(1) of the Act). and The Act increases the time limit for the recovery of a debt comprising of unpaid care home fees from three years to six years from the date the sum becomes due   hence I thought that as the fees had not been paid and more than 3 years had elapsed that perhaps the charge was no longer extant?    If the restriction is such that the CS only has to notify the council [and there's no restriction on me selling] then I thought the sale could proceed while I continue to battle it out with the council. Who haven't been in touch now since 2016.   This is all very complicated - I'm sure it could be simplified!!   Thank you      
    • You've been here since 2013 so you must be aware that the tell people all the time to read our customer services guide and to record their calls. We try to remind people that if they don't record their calls then sooner or later they will regret it. I think if you do anything morning telephone you should have read our customer services guide first because then you would have the evidence you need to persuade people that you did take the action that you saved it. I suspect one of the problems it will be managing to establish that you let people know in advance. If there is a delivery which signed for that you may find that Amazon and also your bank may not be very happy about helping you out. Although the bank may activate the chargeback, they may later on after a further "investigation" for the money back from you. Suggest that you send Amazon an SAR.  
  • Our picks

    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 5 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 7 replies
    • The courier industry – some basic points for customers. Read more at https://www.consumeractiongroup.co.uk/topic/421913-the-courier-industry-%E2%80%93-some-basic-points-for-customers/
      • 1 reply
    • The controversial sub-prime lender says the City watchdog is investigating its practices.
      View the full article
      • 0 replies
Aaron8219

Cohen CCJ on santander A/C (phantom payment that makes it not SB'd?}

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1824 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi Everyone, I'm new here, and looking for some help if I may.

 

Many years ago, I had lots of financial difficulties and have spent the last 10 years trying to put everything in order.

 

Various creditors were paid, some have become statute barred. Which leads onto now.

 

I was under the impression that I was finally debt free, until this weekend when I checked my Credit File with Experian, and found that on the 3rd July, a CCJ was registered against me from Howard Cohen & Co, chasing an old joint current account overdraft of £1811.23.

 

I haven't had any dealings with this debt since 2008 I would say, have never been contacted for it, and moved from the address around 2007 I think.

 

On my credit file, the default date was 05/11/2008, and has since dissapeared. However, after calling Howard Cohen & Co this morning, they have informed me that a payment was paid into the account on 07/11/2009, meaning it is within 6 years and not stature barred.

 

I don't recall making any payments and have requested proof of this. They told me they would need to request this from Santander, and would let me know in due course. In the meantime, the account is on hold with them.

 

The thing is though, it is all well and good that the account is on hold with them, but if it turns out the debt is enforceable, and I don't pay it in full before the 3rd August, I will have the CCJ on there for 6 years. This isn't something I can let happen as we are trying to put ourselves in the best possible financial shape for a mortgage.

 

I called Santander myself, and asked if they had any record of this payment, and was initially told no, they do not. However he then asked their collections department if they could see the payment and was told that yes, they can!

 

I asked by what method was the payment made, and by whom, and was told that they do not have this information. I was told to go into a branch and request a statement from that time period to see the payment that way. So off I went to a branch this morning and on their system, there is no activity whatsoever after 12/11/2008, where it just says "account closed contact collections".

 

The branch assistant then called the collections team from the branch, and put them over to me. I was told that they can see the payment, but it just says that it has come from a 'Debt Collection Company'.

 

I then did a little more investigating and have been told that they can see that the debt was with DMS Debt Managers, and then Credit Security, but no other info. They have told me they would see if their back office has any more details but it would be extremely unlikely.

 

So I called Howard Cohen & Co again, and explained that there is no evidence of the payment, and as such the default date remains and the debt is statute barred. I have also scanned in and sent them the statement I was given showing no activity after 12/11/2008.

 

My questions right now are;

 

1. If they can't see who exactly made the payment on 07/11/2009, does it still count?

 

2. If they can see it's a Debt Management company, do they still need more than just the companies name?

 

3. If Santander can provide no more evidence, again, is it unenforceable?

 

If it turns out the debt is enforceable, I will pay it before 3rd August so as to get it removed from my credit file asap. But if I am not legally obliged to pay it, I won't be.

 

Any questions to clarify anything please ask or if I need to give any more info I can do.

 

Many thanks in advance to anyone who is able to help.

Share this post


Link to post
Share on other sites

then you need to get it set aside

 

 

if the debt was sb'd at the time the claimform was issues.

 

 

I take they issues the claim to your old address and that you moved and did not inform all your creditors?

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

You could make an application to have the judgment set aside based on the fact that the account was statute barred at the time the claim was issued.

 

You could then demand the claimant to provide absolute proof that, you personally, made the payment they say is on the statement.

 

If the default fell off your records, then I would be suspicious that a payment was made because, the payment would have rectified the default!!


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

Share this post


Link to post
Share on other sites

Hi and thanks for the fast replies.

 

To clarify, Santander are saying they can see the payment, but can only see it was made by a 'Debt Collection Agency'. No specifics here. What is it that Howard Cohen & Co would need from Santander which would be sufficient proof?

 

I am thinking that I was in a Debt Management plan, and that's how the payment was made, but I can't remember who I was with, or how any distribution was made to any creditors.

 

And no, I didn't tell them I had moved. I was in relationship at the time which subsequently broke down in a rather horrible way, and this was a joint account. I thought my ex was dealing with it, my ex thought I was. Naive, young, and just a bad time in my life in all honesty!

 

So just to clarify, if the last payment towards this debt was indeed 07/11/2009, then the default date on my credit file would have changed to 07/11/2014? It definitely was 05/11/2008 on my file as I still have access to it on Experian.

Share this post


Link to post
Share on other sites

You may need to contact the debt collection agency, to get hold of the exact information, as to who paid it, method of payment, card number used etc. Santander shoukd be able to provide some details e.g payment reference number, which might help the DCA trace it.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thanks Unclebulgaria,

 

I have asked Santander for this exact info just this morning. I've been told they will attempt to obtain this info from their back office but (and I quote) "It is very unlikely that we will have this information".

 

Without this info, is the debt unenforceable?

Share this post


Link to post
Share on other sites

do you know when the original creditor sold the delinquent account to the Debt collection Agency ?


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

Share this post


Link to post
Share on other sites
Hi and thanks for the fast replies.

 

To clarify, Santander are saying they can see the payment, but can only see it was made by a 'Debt Collection Agency'. No specifics here. What is it that Howard Cohen & Co would need from Santander which would be sufficient proof?

 

I am thinking that I was in a Debt Management plan, and that's how the payment was made, but I can't remember who I was with, or how any distribution was made to any creditors.

 

And no, I didn't tell them I had moved. I was in relationship at the time which subsequently broke down in a rather horrible way, and this was a joint account. I thought my ex was dealing with it, my ex thought I was. Naive, young, and just a bad time in my life in all honesty!

 

So just to clarify, if the last payment towards this debt was indeed 07/11/2009, then the default date on my credit file would have changed to 07/11/2014? It definitely was 05/11/2008 on my file as I still have access to it on Experian.

 

It is not the date on the credit file that is relevant. It is the date of the actual last payment by you or anyone joint on the account. Unles you are in Scotland, it would 6 years from the last payment towards the debt. The account was already in default, before you started making some payment towards the debt.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
Thanks Unclebulgaria,

 

I have asked Santander for this exact info just this morning. I've been told they will attempt to obtain this info from their back office but (and I quote) "It is very unlikely that we will have this information".

 

Without this info, is the debt unenforceable?

 

 

It has been enforced. Up to you to evidence set aside reason of statute barred at the time court claim was issued.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Unclebulgaria,

 

I have been informed that there was £20 a month going towards the debt, that ended on 07/11/2009. No payments after this date. This would mean that the 6 years runs from 07/11/2009, however I am asking if simply a statement showing 'Debt Collection' as payment method is sufficient for Cohen to have the CCJ enforced?

Share this post


Link to post
Share on other sites
It has been enforced. Up to you to evidence set aside reason of statute barred at the time court claim was issued.

 

I realise this, I am now asking if very vague evidence of payment method is enough for them to use against my application to set aside?

 

Many thanks

Share this post


Link to post
Share on other sites
do you know when the original creditor sold the delinquent account to the Debt collection Agency ?

 

I wasn't given specific dates by Santander, but was told that around this time the debt was sold to Debt Managers, and then to Credit Security. It has now been with Cohen since October 2014. To the best of my knowledge.

Share this post


Link to post
Share on other sites

urm..multiple payments of £20

this is not looking good.

 

 

one maybe but lots ..no way. that's not the way dca's do it on this phantom payments game.

 

 

sadly looks like you might be snookered with no reason for a set aside.

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites
Unclebulgaria,

 

I have been informed that there was £20 a month going towards the debt, that ended on 07/11/2009. No payments after this date. This would mean that the 6 years runs from 07/11/2009, however I am asking if simply a statement showing 'Debt Collection' as payment method is sufficient for Cohen to have the CCJ enforced?

 

Yes that would be enough. Now the CCJ exists you would have to evidence you did not make the payments.

If you don't want the CCJ on record, you would have to settle in full before the 30 days the court allowed. If it is on your credit record already, check the actual date of judgement.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
urm..multiple payments of £20

this is not looking good.

 

 

one maybe but lots ..no way. that's not the way dca's do it on this phantom payments game.

 

 

sadly looks like you might be snookered with no reason for a set aside.

 

 

dx

 

 

I'm not saying that it is definitely a phantom payment. I don't recall paying money in but certainly not saying I didn't. Although I have no recollection of which debt management service I used.

 

My query at the moment is what evidence is needed to prove who actually did make thest payments and if it is not available, can it then be set aside? As Santander don't seem to be able to provide any?

Share this post


Link to post
Share on other sites
Yes that would be enough. Now the CCJ exists you would have to evidence you did not make the payments.

If you don't want the CCJ on record, you would have to settle in full before the 30 days the court allowed. If it is on your credit record already, check the actual date of judgement.

 

Date on my credit file says 3/07/2015. I intend to pay in full before the end of the month if it turns out the debt is enforceable.

Share this post


Link to post
Share on other sites

joint account..urm.. so could have been either of you?

 

 

satan bank don't have to prove anything

 

 

its the claimant that will have to do that

and that's a big gamble IMHO

 

 

so you had a debt management company working for you?

 

 

debt managers ltd are arrow global in sheeps clothing

and they have numerous other names too.

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites
I'm not saying that it is definitely a phantom payment. I don't recall paying money in but certainly not saying I didn't. Although I have no recollection of which debt management service I used.

 

My query at the moment is what evidence is needed to prove who actually did make thest payments and if it is not available, can it then be set aside? As Santander don't seem to be able to provide any?

 

As you know, the courts work on balance of probability. Getting a set aside based on no evidence of you making the payments is very unlikely. Even if you made a statement to the court that you have no record of making payment, they would want evidence you did not make them e.g your own bank statements showing no payments or creditors data showing no payment from you.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
Date on my credit file says 3/07/2015. I intend to pay in full before the end of the month if it turns out the debt is enforceable.

 

But was the actual court hearing at the start of June ? July is when it was officially recorded, as it was not paid. You should check with the courts.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Joint account yes but absolute certainty no money paid in from other account holder. I'd be very surprised if she even has knowledge of the CCJ, or indeed that the debt was never paid as we left our relationship on very bad terms.

 

I will check with the courts again now as to when it needs to be paid.

Share this post


Link to post
Share on other sites

Just realised the time, will have to call court tomorrow.

 

Will Cohen not know the date of the hearing?

Share this post


Link to post
Share on other sites
Just realised the time, will have to call court tomorrow.

 

Will Cohen not know the date of the hearing?

 

They may know the date of judgement, which would have been entered in default, as you did not know of the court claim to request a hearing.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Yes they did. I've spoken again to Cohen (Robinson Way to be exact), and they have informed me that I have 30 calender days from 03/07/2015 to pay in full in order to get the CCJ removed.

 

I asked again about that last payment. I was told by them that they do not need to provide any evidence at all as to who made the payment, it just being there is enough for the judgement to stand. I did quiz him a little and said that it could have been anybody that paid it in, to which he said, it doesn't matter, and we don't need to say who it was, the court will just be satisfied with what they have.

 

With the above being the case, I feel I have no choice but to pay it.

Share this post


Link to post
Share on other sites

Dunno about judgement will stand.

They are quite correct they did not need any payment to get the judgement. Course not it was done by default! Nothing is checked. Not even if it was sb,d


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Thread tidied and irrelevant posts removed.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...