Arrow Global chasing old moneybarn CCJ

[Veteran6224]

The date of default was 11/11/2013

[dx100uk]

so in november it will vanish automatically anyway.

nothing to do with MB

 

[Veteran6224]

Ok great, I have sent a CCA request to Moneybarn.

This won’t impact the default being removed will it? A

 

lso if they send anyone to my property to try and enforce payment can I state I have sent a CCA request and that they need to leave?

[dx100uk]

a DCA is NOT A BAILIFF

and have

ZERO legal powers on ANY debt

 

default thus account removal on its 6th birthday has nowt to do with your legal rights and a CCA request.

 

The Information Commisioners Office says:
.
All references to a defaulted debt must be removed from your credit files after 6 years 
has passed from date of default, whether paid off, paying now or not. 
.
{the WHOLE ACCOUNT WILL VANISH, never to return}.
.
{however, this does not mean the debt itself is not still owed
consider a CCA request.}
.
This is so that someone who continues paying something 
- even after 6 years from default 
- should not be at a disadvantage to someone who pays nothing after default 
and ends up with a clean file after 6 years. 
.
NOTE: {the bracketed text is not Information Commisioners Office guideline but my advise]
 

 

 

[Veteran6224]

Having just checked my credit file it shows a CCJ for this debt that was issued to the courts by Moneybarn.

The CCJ is 6 years old in 2020

however the default registered is showing and becomes SB next month.

Will the default come off first followed by the CCJ next year? 
 

Does this also make the CCA that I sent pointless as the debt has been registered as a CCJ? 
 

what are my next steps now should they turn up at my address, it seems I may be backed into a corner and have to start a payment plan. However, am I right in saying once the debt is SB then it can no longer be enforced? 

[dx100uk]

own thread created for this MB CCJ.

 

yes makes CCa pointless

 

not sure where you keep getting the idea 'they' can just rock up at your door.

 

the ONLY people that can legally do that and demand money are COURT BAILIFFS, assigned by the court and sent by the court...NOT MB.

however as this is a civil consumer credit  debt there is NO right of forced entry.

to all intend and purpose you can ignore them

 

bit that's not the point of your post.

 

the CCJ and the default/account will vanish on their relevant 6th birthday's.

 

shame you sent that CCA might just kick their pramwheels and they might ask the court to get bailiffs involved but I doubt it.

 

so how did you get a CCJ, let them repo the car and this was for the balance?

 

 

[Veteran6224]

Yes exactly that.

 

I was told by the guy collecting the vehicle that it would be sold in auction and there wouldn’t be any more payments.

The car was a Ford Focus and they sold it and are still trying to get £6911 from me.

The car isn’t worth £6911.00!

 

as mentioned in previous posts

I am applying for a mortgage hopefully in the new year so the debt going SB next month is good as it will be removed.

The CCJ will still show until mid/late next year.

Mortgage adviser said the mortgage provider may look past it as it’s over 3 years old.

Fingers crossed. 
 

I take it a satisfied CCJ instead of a non-satisfied CCJ makes no difference to a lenders decision 

 

thanks again

[dx100uk]

correct 

exactly the same rule as for any defaults

 

[Veteran6224]

Ok great, I won’t settle them then.

Hopefully the default that goes SB will be removed and will help my credit report look a lot better.

Will only have one default and one CCJ then totalling less than £4K 

[AndyOrch]

Cant go statute barred if its a CCJ...simply drops off your files after 6 years.

[Veteran6224]

It’s shows the default to Moneybarn and the CCJ as 2 things. The default is set to fall off next month the CCJ next year 

[AndyOrch]

I dont dispute that but above you stated....."  Hopefully the default that goes SB will be removed " 

 

CCJs cannot go statute barred.

[Veteran6224]

Hi all,

 

I feel I am chasing my tail with this and the 2 mortgage advisers are telling me completely different things.

 

The first one that specialises in adverse credit applications has stated we are in a position to get a mortgage even with my 2 CCJ's. He has stated that affordability is not an issue and we have a deposit that is also suffice.

 

The other mortgage adviser has stated that we would stand no chance of getting a mortgage unless we settled the CCJ's. I am happy to settle them if needed. 

 

Would I be able to approach Moneybarn and state that I wish to offer a settlement but for less than 50% of the debt?

They recently sent a letter stating they will cut the debt by 50% if I pay soon.

 

As mentioned previously the default goes SB in 11 days, the CCJ relating to the default does not come off my credit file for another 40 weeks.

 

Is there a letter template for a settlement offer available on the site? 

 

Does anyone know which adviser is most likely right?

 

Our other option is to use some of our deposit to clear and settle the CCJ's and get a help to buy as a 5% deposit is all that is needed. 

 

It is difficult to know what to do when we are being told so many different things. 

 

Thanks again for any support

 

regards

J 

[dx100uk]

exactly as I said at the start

most advisors are only interested in getting their bigger share of your money by saying CCJ's must be cleared.

 

pers i'd look at dealing with MB directly

9/10 MB makes errors

many can wipe out their CCJ's or ROG's 

or atleast put you in a stronger position to get a lower F&F

but you need the data.

 

id be sending MB an sar.

whilst you are at it

one to the other CCJ claimant to!

 

 

 

 

[Veteran6224]

OK I will do that, just printed the SAR for both MB and intrum/1st Credit. Will post today. I had the copy of the original CCA back from Moneybarn but nothing from Intrum/1st Credit yet. 

[London1971]

A nearly 6 year old CCJ won't make squat all difference to your ability to get a mortgage

[Veteran6224]

Even an unpaid CCJ?

[dx100uk]

explained all this already....

 

makes no odds its the fact a ccj shows.

but as said again numerous times

its almost 6yrs old..

you are being had by that advisor.

 

 

[Veteran6224]

Pleased to say that the default has gone from my credit report due to being SB.

My Experian credit score is now 978 out of 999 and excellent.

Experian doesn’t show my 2 x CCJ’s. Equifax’s shows just 1. 
 

my question is this....

clearly the debt is still owed for the SB debt,

the CCJ is still live until June next year.

 

Can I make an offer of 10% to settle the debt now that it’s SB?

If so is there a letter template that I can send to them to make such an offer?

 

thanks in advance 

[dx100uk]

again you appear not to be understanding things.....

 

a default does not go statute barred - as carefully explained in post 4....once it reaches its 6th birthday it along with the associated account will be removed from your file. that happening has no effect on the debt itself. it does not mean it is no owed. 

 

your debt is NOT statute barred it has a CCJ .

should the claimant fail to enforce the CCJ by it's 6th birthday, when, as with a default, it falls off your credit file, then they would need to return to court to do so. and again that happening has no effect upon the debt itself.

 

they both operate under the same ICO rule, quoted as in post 4..

 

All references to a defaulted debt must be removed from your credit files after 6 years 
has passed from date of default, whether paid off, paying now or not. 
.
This is so that someone who continues paying something 
- even after 6 years from default 
- should not be at a disadvantage to someone who pays nothing after default 
and ends up with a clean file after 6 years. 

[Veteran6224]

Hi guys

 

as advised I have requested Data Subject Access Request (SAR) and received a big envelope full of paperwork today from Moneybarn. 
 

I know that it has been mentioned that Moneybarn make mistakes and that I should check if they have.

 

Now that I have all of the info, what is it that I am looking for that could be missing? 
 

thanks in advance 

[dx100uk]

don't think anything will be missing..

 

but you need to check things like the correct service of a default notice before you gave that powerless guy that rocked up the car. etc etc 

dx

 

 

[Veteran6224]

Hi all,

 

I had a debt with Moneybarn for just under £7000. This went SB two months ago.

I sent them the usual CCA letter and they provided it.

They have now sold the debt to Arrow Global.

 

I still dispute the debt as a vehicle I missed 2 payments (I was working overseas and the bank had blocked transactions) which were out of my control.

I called to pay on my return and they said it was too late.

 

A guy collected the car and said I would have nothing to PT as it would be sold at auction.

It was sold for £4500 and they are now clearly chasing for £7k worth of interest. 
 

Do I respond to Arrow Global?

If so is there a template I can use?

 

I just posted the below in another thread so moving it here 

 

Post

I had a debt with Moneybarn for just under £7000.

This went SB two months ago.

 

I sent them the usual CCA letter and they provided it.

They have now sold the debt to Arrow Global.

 

I still dispute the debt as a vehicle I missed 2 payments (I was working overseas and the bank had blocked transactions) which were out of my control.

 

I called to pay on my return and they said it was too late.

 

A guy collected the car and said I would have nothing to PT as it would be sold at auction.

It was sold for £4500 and they are now clearly chasing for £7k worth ofi nterest. 
 

Do I respond to Arrow Global?

 

If so is there a template I can use?

 

thanks in advance 

[AndyOrch]

Send a Arrow a further CCA request...section 79 for HP

 

Andy

[dx100uk]

threads merged and tidied

 

i wouldn't be sending arrows anything yet.

 

the CCJ is over 6yrs old and they were not the claimant so will have a very hard job in convincing a judge to enforce it.

 

have you moved since the CCJ was granted

I would expect as you attained a mortgage now you have?

 

dx