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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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Guy1002

HSBC overdraft and loan Deafults nearing 6 years

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Hi All

 

 

I was wondering how affected a credit score would be for 2 defaults from April 2011? one is satisfied, the other is being paid off monthly. It seems that its the only thing on the credit report keeping the score low. But as it will automatically be removed in April 2017 would it still have such a large affect?

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Defaults are removed as well as the whole defaulted debt on the defaults 6th birthday

Paid off settled paying not paying makes no odds

They kill a credit file

 

Ever sent a CCA request?


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Hi, thanks for the reply.

I knew that the debts cleared after 6 years but didn't know how much of an impact they have on my score at 5 yrs and 6 months.

 

They are for an old HSBC overdraft and bank charges, and an old HSBC loan from when I wasn't working and not able to pay them.

 

Funnily enough, from a conversation I had with them yesterday (or Metropolitan as they call themselves) trying to obtain exact dates, I missed some payments,

and then made some,

and missed some more,

before I missed 6 payments in succession (which triggers the default they claim) .

 

 

the default was recorded a year after my first missed payment.

If I had not made any payments and let the default run and not done anything, it would be dropping off my file about now.

 

I haven't thought about a CCA before,

only because prior to this week and finding this forum I didn't have a clue as to what that was,

what my rights were, and everything else I've learnt from here!

 

I did whilst on the phone to them request all the information and tell them that I would be following this up with an official request in writing.

 

 

The lady was very accommodating in my request for a statement of account and letter of intent to default.

She got a bit edgy when I asked for a true copy of my signed credit agreement,

and a copy of the certificate of assignment.

 

 

Informing me that they may not be able to provide the latter.

HA! even after a few days on here I knew that was coming.

 

I know I probably shouldn't have mentioned anything on the phone really!

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if the debts are still with the original creditor then little point in a CCA request at this late stage but wont hurt.

 

 

not sure on this bit:

the default was recorded a year after my first missed payment.

If I had not made any payments and let the default run and not done anything, it would be dropping off my file about now.

 

 

the default should be registered within 6mts of the 'cause of action' starting to pay makes no odds on when that should be defaulted.

 

 

might be an idea to sar HSBC, as there might well be things to reclaim etc?

 

 

certificate of assignment wont exist if the debts have not been sold on .


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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if the debts are still with the original creditor then little point in a CCA request at this late stage but wont hurt.

 

 

not sure on this bit:

the default was recorded a year after my first missed payment.

If I had not made any payments and let the default run and not done anything, it would be dropping off my file about now.

 

 

the default should be registered within 6mts of the 'cause of action' starting to pay makes no odds on when that should be defaulted.

 

 

might be an idea to sar HSBC, as there might well be things to reclaim etc?

 

 

certificate of assignment wont exist if the debts have not been sold on .

 

 

Sorry I didn't make myself to clear there! The debts have been sold to Hoist Portfolio, via going through Metropolitan, Moorcroft and MKLLP. During the whole time I have been making monthly contributions towards the balance.

 

 

I did mention the cause of action should be from when I missed my first payment and she said they do it from when 6 months payments have been missed. I thought maybe I had misinterpreted what I'd read on here

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that's better

so they've sold them on years ago.

shame you blindly kept up payments without questioning the legally of the debts and their balance make up.

 

 

its telling that HSBC do do court themselves...

so if they were that confident you did owe the sums...

why sell the debts on ...urm..beginning to smell.

 

 

sar is a must to HSBC me thinks


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

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Yup they sold them on in 2013 to MKLLP (I have this letter). Previously they had metropolitan (or HSBC collection) and Moorcroft acting as their agents? I'm guessing. How hoist Portfolio have got it I don't know.

 

 

I wish I had found this forum a long time ago!!

 

 

SAR is in the post this afternoon. We shall see what they come back with.

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