Creation finance - re ccj

[CuriousBee]

Sadly too late for removing the CCJ but not too late to seek redress for the 6 years of damage that the CCJ has caused.

 

Thanks Martin

 

I learnt new things everyday.

 

Yes once I get all the documents from everyone will do that.

 

The CCJ will go off the file next month.

[CuriousBee]

UPDATE**

Yesterday I had a letter from CFS regarding a complaint that I made in late January/early February.

 

They are sending me the 8% interest on the refund sent to me in March.

 

As for the missing statements they cannot send these as the account was with IKANO.

 

The letter came with SAR documents says that CFS took over in August.

 

So how can they have statements from March onwards?

 

It is amazing what you can find in SAR documents.

 

I never knew about this until I got all these documents,

 

Anyway CFS seems to be doing the right thing so far.

 

But I am waiting for SAR documents from IKANO.

[CuriousBee]

Just a quick question - I read it somewhere that before CFS obtained the CCJ against me they would have had to send a Default Note with accurate details, i.e. the correct amount of debt, and the dates, and the need to send a DN etc. However, the balance outstanding was wrong, hence the reason for sending me a refund for the over payment. So by refunding me the over payment they have admitted that the balance was wrong.

 

Can I write to fos or FCA and make a complaint about this?

Is it worth it as it may be too late to make a complaint as it will be drop off the CRA file in two weeks?

 

 

I also read that I could say that this is when I realised the debt amount was incorrect, and ask to be set a side. Any advice would be greatly appreciated.

Many thanks

[dx100uk]

no point itll be gone by the time the letter is opened and read

[CuriousBee]

Yes that is what I thought.

Thanks DX

[martin2006]

Does the ccj still show any outstanding amount against it or is it now marked as settled?

While it may well drop off your file in 2 weeks, it remains a valid outstanding debt, just a lot more difficult to enforce.

It may be just me but i would want it completely expunged, which is why i would want all my ducks in a row first with all the info from the SAR's.

Once its gone tho its entirely your choice as to whether you want to pursue this.

I would, but im not you.

[CuriousBee]

Hi Martin

 

Thanks. There is no debt. The full balance and more was paid and it says satisfied. But the CRA file says Default sum £1003 which is not correct. It was much less than that and they refunded the over payment. Still waiting for the SAR documents from the courts. Also I sent a SAR request to Ikano bank. They won't be sending their stuff at least early May.

[martin2006]

Once you have all that info you can make an informed decision in your next move.

[CuriousBee]

Thanks Martin.

Yes waiting for everyone to send me all the documents relating to CCJ and all statements.

 

CFS complaints department called me today, as I raised a query regarding payments made to Drydens and the true balance. She wanted to know the reason I am making the complaint and the queries. I told her to do her investigation as to the second card and put everything I writing to me as I am not prepared to discuss over the phone.

 

Wait and see what the outcome of her investigation.

[martin2006]

Always in writing

[CuriousBee]

Hi Martin - I received the interest at 8% for the refund that they only sent me this year after six years.

Do you calculate 8% of the total refund or do you calculate the number of years?

 

So does this not prove that the amount that they put in the claim to obtain the CCJ was wrong therefore they should not have been able to do this had I known this earlier.

 

 

Is this not a valid reason to tell the courts that they obtained the CCJ for the wrong amount?

 

 

I went through their statements and my statements and the balance is totally different.

 

 

Regardless of this discrepancy, if I go by their statement, it is still wrong as they put £1003 as the balance as opposed to 840.

 

 

I did send a SAR letter to the courts and still waiting and also to IKANO bank.

[martin2006]

If you put the refund amount amount into a statint spreadsheet and insert the date as 6 yrs ago or whenever it is that they owed it you back from, the sheet will calculate the 8% interest for you.

 

Whether the amount was correct or not is irrelevant now as the claim was never defended and never set aside.

 

The difference between £1003 and £840 will be due to court fees associated with the claim.

[CuriousBee]

Thanks Martin

 

They have already put the money in my bank today. The refund was an over payment and it was not legal fees or any related costs. Their statement says 840 but when they put the DN and obtained the ccj they put 1003, and later realised the amount was incorrect and sent me the refund. I have made a complaint to CFS already about this and they are investigating. So they said.

[CuriousBee]

I am still waiting to hear from CFS.

 

IKANO returned the £10 and said cannot provide SAR as they do not have any records of the account for 1999.

 

Drydens also returned the cheque saying that CFS will provide the information.

 

The courts have sent some documents relating to CCJ.

But I wanted the IKANO to provide statements.

Creation has now taken the info off CRA files.

No CCJ showing either as it is now six years SB limit passed.

Seems like there is nothing I could do now.