CCJ and Defaults??

george1986_2

Are CCJ's and Defaults the same??
Help

~Beanie~

No they are not the same - a default is a notice issued by a lender after you have not made payments for a while. A CCJ is a County Court Judgement and usually comes after a default.

mags33_2

can i intrude i got a default notice even though i have been paying the lender so can a default notice cover anything then from non payment to payment though not as much as they want

sorry im rubbish at this finance stuff

george1986_2

~Beanie~ wrote: »

No they are not the same - a default is a notice issued by a lender after you have not made payments for a while. A CCJ is a County Court Judgement and usually comes after a default.

Thanks, does a CCJ come from the court?

rog2

mags33 wrote: »

can i intrude i got a default notice even though i have been paying the lender so can a default notice cover anything then from non payment to payment though not as much as they want

Yes, unfortunately, it can - and often does.

A 'default' is not necessarily linked to a CCJ and it is, also, quite common to 'default' on a County Court Judgement if the debtor does not make payments within the period specified by the Court. This can lead to more serious problems, including the right of a claimant to petition for the debtor's bankruptcy provided the 'debt' is over £750.00.

However, this is the extreme - in my opinion creditors are all too quick to enter 'defaults' on to a person's credit file - often for trifling amounts. Mobile Phone providers are among the worst. :mad: :mad:

If you disagree with a default notice, you are entitled to question the reasons for it and, ultimately, you can demand that it is removed from your crf.

mags33_2

thanks for that

im on a dmp have been for two years now and only now has halifax issued a defulat notification. They are not being paid token payments they are being paid £63 a month but they obviously want more than this.

My DMC are certain they will pass it on to DCA but iv spoken to some posters on here who got a default notice and its still hasnt been passed on after several months to a DCA

The debt is being paid as they have reduced the interest down to the lowest well in their words the lowest they can so there is money going to around half of what is stated above.

Obv i dont want to end up with a CCJ so im kinda of concerned about this

rog2

mags33 wrote: »

Obv i dont want to end up with a CCJ so im kinda of concerned about this

I would not worry too much. Many creditors pass, or sell, debts on to a DCA even though the debtor is on a DMP. It often means less hassle for the original creditor and, if the debt is 'sold' - often for a fraction of its face value - it means that the original creditor at least gets a return on his debt.

DCAs will, often, try to exert undue pressure on the debtor, often to make payments that the debtor can ill afford and that can be detrimental to that debtor's other creditors. Some DCAs, certainly the less scrupulous among them, will try to tell the debtor that they don't deal with dmp managers. Most of this is pure scaremongering - the OFT Debt Collection Guidelines clearly state that a DCA should deal with your nominated third party (in this case whoever is managing your dmp.:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

That said, the DCA is, unfortunately, not legally obliged to accept the proposals of your dmp provider - although most eventually do. Many will use the threat of Court Action to intimidate the debtor into unfair payment agreements, but very few will actually carry out the threat of actual Court Action.

Even if they do, the debtor needs to tell the Court, through the 'defence' procedure, that he/she is on a dmp and that propsals have been made to the dca. The Court would see that the debtor is, indeed, serious about his/her debts and is likely to give that dca short shrift. If a judgement (CCJ) is issued, it would be based on what the debtor can afford to pay - probably based upon the proposals of that debtor's dmp - and the dca would be just as bound by the terms of that CCJ as the debtor. Any further contact by that dca, or attempts to increase the payment amounts would be treated as harrassment and would be illegal.

mags33_2

rog2 wrote: »

I would not worry too much. Many creditors pass, or sell, debts on to a DCA even though the debtor is on a DMP. It often means less hassle for the original creditor and, if the debt is 'sold' - often for a fraction of its face value - it means that the original creditor at least gets a return on his debt.

DCAs will, often, try to exert undue pressure on the debtor, often to make payments that the debtor can ill afford and that can be detrimental to that debtor's other creditors. Some DCAs, certainly the less scrupulous among them, will try to tell the debtor that they don't deal with dmp managers. Most of this is pure scaremongering - the OFT Debt Collection Guidelines clearly state that a DCA should deal with your nominated third party (in this case whoever is managing your dmp.:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

That said, the DCA is, unfortunately, not legally obliged to accept the proposals of your dmp provider - although most eventually do. Many will use the threat of Court Action to intimidate the debtor into unfair payment agreements, but very few will actually carry out the threat of actual Court Action.

Even if they do, the debtor needs to tell the Court, through the 'defence' procedure, that he/she is on a dmp and that propsals have been made to the dca. The Court would see that the debtor is, indeed, serious about his/her debts and is likely to give that dca short shrift. If a judgement (CCJ) is issued, it would be based on what the debtor can afford to pay - probably based upon the proposals of that debtor's dmp - and the dca would be just as bound by the terms of that CCJ as the debtor. Any further contact by that dca, or attempts to increase the payment amounts would be treated as harrassment and would be illegal.

thank you for this information and taking time to reply sometimes i get so bogged under with all the information that my head ends up in a spin

up here its blair scott and oliver and im told they are very good to deal with by the DMC and thats why they want it passed over to them but having no dealings with the said company before i dont have much input with this

thanks again

rog2

mags33 wrote: »

up here its blair scott and oliver and im told they are very good to deal with by the DMC and thats why they want it passed over to them but having no dealings with the said company before i dont have much input with this

Blair, Oliver and Scot are the 'in-house' debt collection arm of Halifax Bank of Scotland. In reality your dmc will still be dealing with HBOS - just different headed paper.

I wouldn't worry too much.

mags33_2

rog2 wrote: »

Blair, Oliver and Scot are the 'in-house' debt collection arm of Halifax Bank of Scotland. In reality your dmc will still be dealing with HBOS - just different headed paper.

I wouldn't worry too much.

Thank you :beer: