Capquest got unknown CCJ by default on debt already sb'd? - can i set it aside?

[Pupter]

Hi

Recently got my online credit report and have been looking through with interest.

 

Could somebody in the know please explain how I would establish if an old debt is now barred?

 

For instance on one cc debt it shows as payment delays from started from Early 2007,

from late 2007 the credit report shows as AP.

 

This apparently means 'arrangement to pay' it shows this for the next 18 months

then suddenly goes back to showing 4 months behind in payments when I know I didn't pay anything in 2009.

 

Then suddenly it defaults late 2009.

 

Question is:

should the problems from 2007 still show on this account as it's over 6 years and have they 'fudged it' somehow

to only show the default as being 2009 so as to extend the time they could come after me?

 

The account showed as settled in 2013

 

Does that mean that debt will stay on the file until 2019?

 

Also this CC debt was passed to Capquest

who had this same account listed as a separate account on my report

so it looks as if I have two accounts defaulted on the same day. Is that right?

 

 

In effect does this not mean I look in a worse financial shape?

[dx100uk]

there is no direct link between statute barred date and the default date.

 

 

......................

 

 

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 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.

 

 

.........

 

 

the fact that the account shows twice, indicates the debt has been SOLD to a debt buyer [in your case Crapest] not 'passed' to them.

 

 

as long as the original default date by the Original Creditor has not been changed

the double entry is not harming you.

 

 

............

 

 

the statute barred clock typically starts from the date of your last payment

or signed letter from you acknowledging the debt in some form or manner.

 

 

dx

[citizenB]

There has been quite a lot of discussion regarding statute barred debts.

 

Did you receive a default notice from the creditor - when was this.

 

When was the last payment you made to the account or acknowledged, in writing, that you had a liability ?

 

If this was a credit card debt, then IMHO, you should count forward a couple of months past the first missed payment then 6 years from that date and you should be quite safe in expecting it to be accepted as statute barred.

 

A lot of creditors delay in actually defaulting the account but apparently they aren't permitted to record a default marker until after they have issued the Default Notice and allowed the statutory 14 days for remedy to pass.

[Pupter]

I will have to check all my paperwork but on the cc entry it reads as the following:

 

May 2007 - payment made

June 2007 - '1'. (Assume this means one month late?

July 2007 - '2'

August 07- '3'

Sept 07- '4'

Oct 07- '5'

Nov 07 all the way through to May 09. - 'AP'. (Says this means agreement to pay but I have no recollection of paying this at any stage)

June 09- '4'

July 09- '5'

August 09- '6'

Sept 09- 'D'

It then seems they sold the debt to Carpqyest in 2013 who obtained a CCJ against me which I've only just discovered so I'm also wondering if it should have been SB by then anyway? I am sure I didn't pay anything 2008 onwards, so no arrangement to pay. Likely my last payment was 2007

Edited January 13, 2015 by Andyorch
corrected

[In A Pickle]

Out of interest Pupter, who was the OC? I'm currently going through the same thing with Creation Finance - they defaulted mine 22 months after last payment so means my CRA remains trashed for another year and half.

 

I've made a complaint to them regarding this as I believe the amount of time they took to default was unreasonable - They also had AP markers on mine until the countdown, despite the account being in dispute and no payments made. Plus I never ever received a DN

[dx100uk]

well whichever way you count it

 

 

its WELL statute barred.

 

 

do you mean crapest got an undefended default CCJ on this debt

and you are trying to prove it was SB'd before they issued the claim?

 

 

dx

[Pupter]

First I knew of the cca was after the fact it had been granted.

 

I couldn't even work out what it was for at first because the amount wS over £200 higher than defaulted amount.

 

Then on getting my car I realise it's this old cc debt.

 

I know there were fees included in that original balance too if I remember rightly

 

they would charge two lots of £12 on the same day every month and call them two different things.

 

It's hard to remember but I think I did try to dispute them at the time.

 

If it was SB at the point of them submitting a claim, I could have probably avoided this CCJ too. Can anything be done now?

[dx100uk]

prove it was SB'd by the date of the claimform

 

 

go get it set aside.

 

 

dx

[Pupter]

So to begin gathering evidence I would send them a SAR?

 

 

Or is there another way.

 

 

I don't think I have bank statements going back that far, I'm not even with the same bank.

 

 

Or is the onus on them to prove it wasn't SB?

[dx100uk]

I believe its gone passed the stage of them having to prove it was ssb'd.

 

 

they might need that if they try again though

if you do get it set aside.

 

 

you can sar creation finance yes

 

 

and your old bank if necessary.

 

 

you could try ringing creation and asking for the last payment date too.

 

 

I've a funny feeling its Canadian house now.

[In A Pickle]

Sorry DX,

 

I think I have thrown you off here talking about Creation - OP hasn't said who OC is,

[Pupter]

It was Lloyds

 

So step one is to try and get it set aside?

 

 

The CCJ dates from over a year ago.

 

 

Can that still be done?

[dx100uk]

its pushing it a bit

 

 

but that's better than another 5yrs on your file!

 

 

give it a go

 

 

p'haps andyorch will pass comment/

 

 

legal is not 100% my bag.

 

 

dx

[dx100uk]

I have renamed and moved your thread to the legals forum

 

 

to get you help

 

 

dx

[AndyOrch]

What date was your last payment/acknowledgment pre CCJ and what date was Judgment Pupter?

 

Andy

[dx100uk]

post relates to cra file

last pay was may 2007

sold to capquest 2013

theres a chance here

 

 

time to go on www.trustonline.org.uk and findout the date of the CCJ

if its not on the credit file?

 

 

dx

[Pupter]

What date was your last payment/acknowledgment pre CCJ and what date was Judgment Pupter?

 

Andy

 

Looking at my cra file it looks as if judgement was 31/10/13.

No idea when last payment was as yet,

I'm digging through paperwork to find anything regarding this.

 

 

But judging by the file as stated above I'm guessing 2007 early 2008.

 

 

I will keep searching though.

[oleg]

If you can't dig it out, ring / visit Lloyds.

[dx100uk]

if the cra file is correct last pay was may 2007

 

 

if the ccj was 31/10/2013

 

 

then they might not have just crept in?

 

 

as the claimform must have been issued atleast? 33 days before hand

which stopped the SB clock? then

 

 

that's still more than 6yrs after last payment?

 

 

think it was already sb by the time they issued the claim meself...

 

 

anyone else?

 

 

dx

[AndyOrch]

Depends on the date of the DN and when it was issued...2/3/ missed payments at the most and it would appear to be just in for SB at the time the claim was issued.

[Pupter]

On the car file default date is 25/9/09.

[Guest]

need to find out for sure when the last payment was. if was 07 as you say, then a recorded default 2 yrs later shldnt be acceptable as sb date.?

was this re a credit card, or car finance?

[Pupter]

need to find out for sure when the last payment was. if was 07 as you say, then a recorded default 2 yrs later shldnt be acceptable as sb date.?

was this re a credit card, or car finance?

 

It was for a credit card.

[Pupter]

The problem is I am struggling to find the last payment date.

This was from so long ago I don't think I have bank statements that far back a

nd have t received any correspondence that I can find.

I'm also not with that bank anymore so that isn't helping.

 

Even though they seem to have obtained this CCJ

the company haven't been in touch with me about it which I also find odd?

 

 

Do I wait until they come after me for payment and then request details of last payment etc

from then or should I be proactive in some way now?

[Guest]

have you done a sar on this?