Natwest CCJ.. Can it be overturned?

[GhostDebt]

Afternoon everyone.

 

Before discovering this wonderful site, we got CCJ'd by Natwest.

I am going to chase them for account charges and interest as best as possible, but is it still worth sending a CCA request regarding the loan account incorporated into the CCJ. If they fail to comply with the CCA request, can this be used as a reason to get the CCJ overturned or reduced in some way.

 

One other questions.

Because the overdraft was in joint names, they obtained a CCJ in both my name and seperately in my wifes name. (Loan account was incorporated into my CCJ because it was in my name only.)

On paper it now looks like we have to pay back twice for the overdraft. Is this the case? or are they tied up in some way?

 

Many thanks for your help.

Regards.

[debbbbsy]

I am going to chase them for account charges and interest as best as possible, but is it still worth sending a CCA request regarding the loan account incorporated into the CCJ. If they fail to comply with the CCA request, can this be used as a reason to get the CCJ overturned or reduced in some way.

Hi, you can't CCA for the overdraft accounts. But you can have a go for the Loan account. However, when we did ours on the RBS, they refused to comply because the Judgement becomes your agreement.

It will really depend on how old the CCJ's are.

 

Best thing to do. Do a SAR for all the accounts. Calculate exactly all the charges & interest. Put in your claim.

Also, you will be able to see if they are continuing to add interest Post Judgement. If they are, they will have to provide the agreements to prove they can do this. They cannot add interest on OD accounts.

 

Because the overdraft was in joint names, they obtained a CCJ in both my name and seperately in my wifes name. (Loan account was incorporated into my CCJ because it was in my name only.)

On paper it now looks like we have to pay back twice for the overdraft. Is this the case? or are they tied up in some way?

 

The RBS have done exactly the same to us, 2 CCJ's for the same debt. Different case numbers. Nowhere on the paperwork does it state that they are joined.They will not chase you for double the debt, but as a couple, it looks on your credit file as 2 seperate debts, doubled.

However you could write to the Complaints Department at CMS Telford & demand clarification.

 

 

I will keep you updated if you want. This is only one part of our case against the RBS. But we have a Solicitor who is looking at whether they can do this.

 

Debs

[GhostDebt]

Thank you for your reply Debs,

We will do a subject access request for each account.

The CCJ's are new, within the last few months and I would greatly appreciate any updates on your particular case.

Many thanks.

[GhostDebt]

Hello everyone,

 

Does anyone else have any comments

 

Many thanks

[GhostDebt]

Hi Debs, hope things are proceeding ok for you at the moment.

 

Please have a look at Enrons comment on this thread

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/136720-c-c-turned-up-6.html#post1991129

You may find it useful, regarding your CCJ enforceability query.

 

If you get any feedback on this from your solicitor, I would love to hear it.

 

Best regards.

[GhostDebt]

bump

[Mightyacorn]

Hiya,

Watching your thread with interest, similar scenario

 

http://www.consumeractiongroup.co.uk/forum/egg/185380-mightyacorn-egg.html

 

Mightyacorn

[GhostDebt]

Hi all,

Just bumping the thread to see if anyone else has any comments..

 

Thanks.

[GhostDebt]

Bump

[checkthatcredit]

I too have a ccj from Nastywest for a loan - I CCA'd them and they replied that the CCJ replaced the Consumer Credit Act so they did not have to supply my agreement - I replied that the CCJ is an instrument of collection of the debt and if the agreement is not produced it is unenforceable and an application could be made to overturn the CCJ on that basis - am I correct?

[Mightyacorn]

I too have a ccj from Nastywest for a loan - I CCA'd them and they replied that the CCJ replaced the Consumer Credit Act so they did not have to supply my agreement - I replied that the CCJ is an instrument of collection of the debt and if the agreement is not produced it is unenforceable and an application could be made to overturn the CCJ on that basis - am I correct?

 

We need someone with experience to assist us here please. I have CCJ's with Egg Card & Egg Loan, I've asked for a variance as due to change of circumstances I am unable to afford the original CCJs, I've just had the variations back, and guess what, they've only INCREASED the payment.

 

It now appears that there are several of us in this situation and there must be someway round the fact that CCJ's have been obtained on unenforceable agreements.

[GhostDebt]

Please note, according to the one of the regulatory bodies.

If an agreement is unenforceable, it cannot be enforced even with a court order. - See Enrons thread posted at #5 for further info.

I think this could be used to help overturn the CCJ, but if they won't provide an agreement for you to check, you will have to do a SAR to them to get it and if they still refuse to provide it, start a court action against them to get it.

 

If anyone else has any further comments, please offer as your assistance is greatly appreciated.

 

Regards

[GhostDebt]

Subject access request has been sent to Natwest. We will see what information that brings to light and update the thread accordingly in due course.

We will then discuss our options and see what other comments fellow CAGgers have.

 

Hope you are all doing well.

 

Best regards.