The Abbey and a CCJ help please

hunny*pot

Hi

I'm a newbie on here and there are so many posts that it would take me forever to read them to find the information I am looking for, so I apologise in advance for asking again.

I put a claim into the Abbey for bank charges in the region of £1300 approx 2 years ago, I had got to the 2nd letter stage with them, when the wrote to me to tell me that all claims had been put on hold waiting the outcome of the court case.

I tried in February this year to re-mortgage my house, only to find that the Abbey have issued a CCJ against me, which I did not know about, which subsequently got my remortgage refused.

The reason that I got into debt with them was because of the bank charges they had issued against me.

To let you understand, I was a single parent in receipt of benefits at the time, only getting about £100 per week, and some months they were hitting me with £150-£200 in charges, more often than not for going £1 over my overdraft limit, so, their answer to that was to keep increasing my overdraft limit.

I suppose what I really want to know now is, are the Abbey paying out yet and is there any way for me to get this CCJ removed from my credit record?

Thanks
xox

leachyd

Few things to respond to there.

Firstly, the court case is far from over, so at the moment all claims are still on hold. That is, unless you can show that you're currently experiencing financial hardship. I don't know how this works, but i'm sure there are plenty of people that will be able to explain this.

As i understand it, if a debt is in dispute, then Abbey are not allowed to file a claim against you for the debt. However if they did, then they should have informed you, and you will also have received a notice from the court in the first place, and then a notice of the judgment will also have been issued to your address.

If you haven't received this paperwork, you can apply for the judgment to be set aside, after which, if you are successful, proceedings will recommence and you can contest the application etc. This will remove the ccj from your file, but if you lose again then it will be put back on for 6 years(?).

Abbey will have provided the most up to date information to the court that they held. Have you moved recently without telling Abbey? If you have moved without telling Abbey of this, then the fact that you didn't tell them is not a defence and the set aside is likely to fail. If you havent then you need to go through the route described above.

Dave

hunny*pot

Hi Dave

Thanks for your reply.

I never knew anything about the CCJ until I registered with Experian earlier this year after the remortgage got refused.

I'm so angry with the Abbey because of this.

If it wasn't for their stupid charges, I wouldn't be in this mess