Removal of debitcardloans ltd CCJ on credit file - is it statute barred???

[neil6534]

Back in 2010 I took a pdl with debitcardloans ltd

- subsequently defaulted and then a ccj was issued

 

 

- however the pdl has now been dissolved so i can not raise a complaint with them for not carrying out proper affordability or reference checks.

 

 

I'd ideally like to get the ccj removed as otherwise its on my file till 06/2017

 

 

- is there anyway to get it removed as FOS say they can't do anything

[unclebulgaria67]

Who took on the admin for this loan company ? It might be worth asking the FSA consumer helpline about any ongoing issues with this company and who might be able to deal with it.

[neil6534]

cant remember who took over the loan but the ccj was issued on behalf of the pdl

[AndyOrch]

Thread moved to PayDay loans and Short Term loans - General

 

Regards

 

Andy

[fkofilee]

Ive dugg up as much as I can on this however, I cant find anything on the company as you rightly say its dissolved... Ill continue to look.

[neil6534]

Thanks for your help with this

[neil6534]

admin may want to move this next point to its own post

- the reason I say this is as follows

 

 

- i spoke to FOS, FCA & FSCS yesterday and none of them could confirm from when a statute barred should run from on credit reference agency files

 

 

- the FCA said its down to the individual CRA - this can not be correct!

for instance if i default say on the 01/01/10 then the debt becomes SB on the 01/01/16

 

 

but what the Noddle have said is that they use the date from when the CCJ was issued

- this means that if a CCJ was issued on the 30/12/15 then the debt/CCJ will show for a further 6 years and not be cleared of my CF until the 30/12/21..

 

 

...this can't be right, surely they must use the original default date otherwise the debt could potentially be on my file for 12 years

 

ok, so an update on this

- I have 2 CCJS on my file ith noddle and clearscore

 

 

- the details are as follows;

1st CCJ - debt defaulted on the 31/07/09 - ccj issued 30/06/11 - settled 09/03/12

2nd CCJ - debt defaulted on the 31/07/09 - ccj issued 28/08/12 - settled 30/01/13

 

so in essence noddle are saying that these will remain on my account until the 09/03/17 and 30/01/18

- that means the 1st ccj/debt will have been on my account for 9yrs and the 2nd for 10yrs

- surely they should both be removed as the original dates for default werre both 2009?

[AndyOrch]

Think you are getting a little confused neil...default markers are placed for the duration of 6 years to your credit file.......CCJ are also placed for a further 6 years...so It can show for 12 years....subject to when the CCJ was placed and the original default was placed.

 

Regards

 

Andy

 

Thread title amended as per your request.

[neil6534]

Think you are getting a little confused neil...default markers are placed for the duration of 6 years to your credit file.......CCJ are also placed for a further 6 years...so It can show for 12 years....subject to when the CCJ was placed and the original default was placed.

 

Regards

 

Andy

 

Thread title amended as per your request.

 

hi andyyorch - thats my point - if you default on a debt, whetheror not it has been paid it is removed after 6 years - but a ccj can be issued 1 day before the end of that 6 year period so the debt still shows for a further 6 years - surely this is wrong

[dx100uk]

and ofcourse the CCJ's and the defaults are in separate sections of the CRA file

[AndyOrch]

No that is correct ...default markers and CCJ markers are two completely different entities

[neil6534]

and ofcourse the CCJ's and the defaults are in separate sections of the CRA file

 

does this make any difference?

[AndyOrch]

does this make any difference?

 

Yes see my last post:-)

[dx100uk]

cant explain it any clearer than the msg andyorch has said.

 

 

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

 

 

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.

.

NOTE: {the bracketed text is not ICO guideline but my advise]

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

 

 

the CCJ follows the same rules

 

 

and just like the debt itself

once a CCJ falls off

it does not mean it is not still enforceable

 

 

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

 

 

the default[and listing of the org debt] can thus obv disappear but the [later] CCJ will remain for its 6yrs duration

[neil6534]

ok ...whilst i understand it still seems unrealistic to show the same debt for 12 years on a persons CRA - especially so when the CCJ has been settled

[AndyOrch]

The default Marker is in connection to the debt......the CCJ is in connection to the County Court Judgment.....outstanding or settled it stays for 6 years to warn potential lenders.

[neil6534]

The default Marker is in connection to the debt......the CCJ is in connection to the County Court Judgment.....outstanding or settled it stays for 6 years to warn potential lenders.

 

I do get it! - however would it not be possible to argue that if the ccj is settled then the date for when it should be removed from the CRA should be from when it originally defaulted?

[citizenB]

I do get it! - however would it not be possible to argue that if the ccj is settled then the date for when it should be removed from the CRA should be from when it originally defaulted?

 

You could argue, but pointlessly. The CCJ reference will stay for 6 years - paid or not.

[neil6534]

yep totally pointless - the only chance i had was to argue with the PDL's that these loans were unafordable and even basic credit checks were not carried out but both lenders have been dissolved

[AndyOrch]

I do get it! - however would it not be possible to argue that if the ccj is settled then the date for when it should be removed from the CRA should be from when it originally defaulted?

 

No because its from the date the Judgement was awarded...say for argument sake you defaulted on a debt 2010....marker placed on your file start of its 6 year life....creditor buys debt takes you to court in 2015 (just before its statute barred)...the CCJ must show the date the judgment was awarded...not when you defaulted in 2010.

 

Default markers and CCJs tell the creditor two different scenarios...some may overlook a default.....they wont overlook a CCJ.

[neil6534]

ok so we've established that these are 2 seperate markers and therefor seperate timelines - slight change of topic now - has anyone successfully or know of anyone who has successfuly had a ccj removed due to winning a complaint for bad lending practices - secondly as per my first question but against a company that has since been disolved?

[AndyOrch]

Quite often judgment are set a side for various reasons.....I cant recall one linked directly to malpractice.

[neil6534]

Quite often judgment are set a side for various reasons.....I cant recall one linked directly to malpractice.

dont really think a setaside is a good choice here as difficult to argue and provide documentation for and secondly even harder to set asisde as the ccj was settled

[AndyOrch]

" has anyone successfully or know of anyone who has successfully had a ccj removed "

 

The only way to action the above is to set a side

[neil6534]

ok so how do you or is it possible to raise a complaint for irresponsible lending for a dissolved company?