Newbie questions

dancingqueen_4

OK, first of all just to say I've been a long time lurker and heartily admire all that everybody is doing to become debt free.

My questions regard OH's previous debt problems and I may be in the wrong place to ask these questions so apologies in advance....

He (in a moment of kindness!) paid all of his ex's credit cards using a secured loan on his flat taken out with Norton Finance. Due to burying head in sand and prior to meeting me he defaulted on the loan and they somehow have taken the matter to court and got a charging order on the property.

I've paid them off now using a 0% credit card which OH is paying me back off and we are waiting for them to release the charge on the property before I go for them regarding all those unfair fees that it's possible to claim back.

Questions are if this will mean that he has now got a CCJ registered? He has no credit history other than a mortgage and this previously secured loan.

Need to post question in loans forum about cancelling mis-sold PPI on a closed loan but hopefully we'll get there. I regularly quote all your inspirational stories and results to him and am slowly converting him to an MSE er.

Sorry if rambling and not clear or in inappropriate place.

Thanks again.

southernscouser

Hey DQ! Welcome to MSE and the DFW board!

He should know if he has a CCJ as he would have received at least a letter telling him of impending action. However as he had his head in the sand is it possible he didn't open his mail?

He is almost certain to have a default on his file while not being as bad as a CCJ it will still remain on his file for 6 years from the date of issue.

The best thing to do is order the statutory credit reports fromm Equifax and Experian for £2 each.

Regarding the PPI on his old loan take a look at this thread!

lazy&indebt

southernscouser wrote:

Hey DQ! Welcome to MSE and the DFW board!

He should know if he has a CCJ as he would have received at least a letter telling him of impending action. However as he had his head in the sand is it possible he didn't open his mail?

He is almost certain to have a default on his file while not being as bad as a CCJ it will still remain on his file for 6 years from the date of issue.

The best thing to do is order the statutory credit reports fromm Equifax and Experian for £2 each.

Regarding the PPI on his old loan take a look at this thread!

or...log onto Experian's website and sign up for a free trial, find the info you need then phone them up and cancel before they charge you! (think you get 30 days)

dancingqueen_4

Thanks both of you.

SS - they did apparently send notices but to an address he hasn't been resident at for a couple of years (they've sent intermediate correspondence to the newly advised addresses). Still no excuses for him though, he was burying head in sand but he won't be doing it again!!

Will order the credit reports and see what they say - can't do the free trial as you need a credit card in your name and he doesn't have one (I already ordered mine that way).

Thanks again

CLAPTON

from the way you tell it, your OH got a ccj some time ago and so it will be recorded on the register for county court judgements for six years. if it had been paid in full within a month then it would not so appear but presumably that time is long past?.
obviously make sure you get the paperwork to show the charging order has been removed and as others have said he should check his credit reports.

dancingqueen_4

Sorry if I was unclear in previous posts. The court action was taken in January this year which is when the charging order was issued. We first heard about it in February when I made him contact Norton Finance to get copies of all documentation including the amount required to settle the full account, not just the arrears on which the court action was based. This was paid off at beginning of March and he has chased them today as their charge is still showing at the Land Registry.

Just wasn't sure if the charging order meant it was a CCJ that had been issued or whether it was something else. I guess with waiting to obtain correspondence then he may have been a week or two outside the month settlement period between judgement being issued and the debt being settled.

Have on list to do to apply for credit reports and also to get a copy of the court papers but wanted to ensure the charge had been lifted at Land Registry first.

Thanks again for advice.

moongarden

the "court action" will most likely have been a judgement against your OH in the county courts - in other words a county court judgement or CCJ

this will remain on his file for 6 years from date of judgement - he can have the word satisfied added next to this if it has been cleared

a charging order is made by a court and prevents sale of property which has been used to secure a debt against e.g.
you get a mortgage, default on the payments, owe the mortgage company lots of money - what is to stop you selling your house and pocketing the money and leaving the mortgage company or loan company in the lurch? that is why the lender put a charging order on to stop your OH from being able to sell up without telling them.

dancingqueen_4

Agree completely moongarden, there is already a mortgage secured on the property and the loan was secured in the first place, just wasn't sure of the implications of an additional 'charging order'. Debt has now been paid, just want them to remove all registered charges!