3 debts, 2 CCj's where to begin.

pretzelnut

Please bear with me this might be a little long winded.

I have just read my credit report with experian and equixfax.

A few years ago i got into financial difficulty with 2 credit cards (both only had very small limits) although i paid what i could each month by cheque, i always got a late payment charge. Even though i posted the cheque 10 days before payment was due, the cheque never made it to my account until 1 day after the payment dates.

SO i incurred a lot of charges, i sent of SAR's (with a view to claiming back the charges to reduce my debt) and never recieved anything back, i then had a major life unheavel and without going into to many details, i just couldnt be bothered with anything in life. SO i never got round to sorting these 2 cards out.

Over the past few weeks i must have had 2 letters a day from 2 different companies requesting full and immediate payment. Yet there is only lowell portfolio showing as a DCA on my credit file. Then yesterday the phonecalls started. I even had one at 8.02am this morning at which point i unplugged the phone.

I want to clear these debts, im not hiding from it, i just dont need the extra stress right now and i want to make sure im going about it all the right way. There not for a lot, one is £365 and the other is £477. I cant afford to pay it all right now, but i could afford to pay it all off over the next few months, but i fear that as soon as i contact them they are going to harass and threaten me into paying it all now, which i dont have.

Also once its paid what will happpen to the 2 CCJ's that have been applied to my account?

I live in scotland now and im not sure if the laws are different up here.

There is also a debt on there from welcome finance, again i didnt pay this for the same reasons, I again sent a SAR as i was getting 40+ phonecalls a day, letters adding more charges saying people had been to visit me which they hadnt, the bailiffs had been so heres another charge, even though no bailiff had been.

As soon as i sent the SAR, the calls, letters and everything stopped but i never recieved a copy of my original credit agreement.

The debt is showing on my file as defaulted and is with 1st credit ltd, but then there is another debt for the exact amount that is with a DCA. they both have the exact default date.

Im assuming its the same debt as i have paid of all my other outstanding debts many years ago and have never taken anything else out with anyone else.

I have never had this DCA contact me, so i really couldnt be sure as to what it is.

I would really appreciate some help in pointing me in the right direction to get this sorted.

Arfhurdaly

Where does it say you have CCJs?

They were fast to initiate that, given you just missed a few payments.

WRINKLES

Lowells again ,i think you should start at the begining your post is confusing , how old are these debts you say there are ccj s was this shown on your credit fike

pretzelnut

These are long standing debts, from a few years ago, i have only recently managed to get back on my feet after the life upheael i had, so they were never a priority, but they are now as i really cannot handle the phonecalls. I had to move around quite a bit over the last 3 yeras, which is probably why they have taken so long to catch up with me.

This is what my credit report with equifax says, there no defaults - outstanding balances regisitered with eperian.

Debt 1 Lowell portfolio (capital one)
StatusCredit Limit £0
Date Updated 30/10/2008
Start Date 12/02/2005
Date Last Delinquent 04/08
Date Satisfied
Default Date 07/04/2008
Default / Delinquent Balance £ 365
Defaulted

Debt 2 Lowell portfolio (barclaycard)
status credit limit: £0
Date Updated: 27/05/2010
Start Date: 29/04/05
Date last delinquent: 01/2010
Date satisfied:
Default Date: 28/01/2010
Default / delinquent balance: £477
Defaulted.

Court information
Type : CCJ (england, wales, NI)
Court date: 03/08/2007
Amount £472

Tpye : CCJ (england, wales, NI)
Court date: 14/04/2007
Amount £363

Im not going to worry about the debt with welcome finace yet, i will just deal with these 2 first as the 2 debts are actually hassling me where as the welcome finance one isnt.

WRINKLES

Before you pay any money, to a DCA ,i would send them a prove it letter , they have to prove to you they have the legal right to collect a debt,this will buy you some time ,you may have a case to claim back unfair charges, how much of this debt is made up from charges, do you know

pretzelnut

The capital 1 card had a limit of £200, the barclaycard had a limit of £300, so i would say at a guess at least half the credit limit is charges, half is what i spent, and the rest is interest.

But im just guessing here as i dont have any original paperwork. So I really dont know.

I will get prove it letters sent. And go from there.

WRINKLES

Ok post back when you get a reply

Arfhurdaly

Are lowells uber-aggressive and likely to ccj you?

pretzelnut

I already have 2 ccj's, 1 for each of the debts that are with them, surely i cannot get a 2nd CCJ for the same thing.

Yeah lowells are super aggresive, when it comes to phonecals and letters.

fermi

princesswoo wrote: »

I already have 2 ccj's, 1 for each of the debts that are with them, surely i cannot get a 2nd CCJ for the same thing.

No you can't. They can only seek to enforce the ones they already have.

fermi

princesswoo wrote: »

Also once its paid what will happpen to the 2 CCJ's that have been applied to my account?

It will be marked as satisfied. They CCJ stays on your report for 6 years from the recorded judgement date.

I live in scotland now and im not sure if the laws are different up here.

Makes it a bit more complicated for them to enforce the CCJ, but still technically possible. Doesn't affect how long things stay on your credit files though.

There is also a debt on there from welcome finance, again i didnt pay this for the same reasons, I again sent a SAR as i was getting 40+ phonecalls a day, letters adding more charges saying people had been to visit me which they hadnt, the bailiffs had been so heres another charge, even though no bailiff had been.

The debt is showing on my file as defaulted and is with 1st credit ltd, but then there is another debt for the exact amount that is with a DCA. they both have the exact default date.

1st Credit are a DCA.

Each debt should only show up once on your report. If a DCA takes it over and changes it into their name, then the entry from the original creditor should be removed.

A few comments above.