2CCJs and 1 Default Capital One/Bryan Carters

Rachelh558

Hi I was wondering if anyone would be able to point me in the right direction of getting this sorted. Sorry but it may be a bit long winded.

In April 2005 I got a default off Capital One, although I was paying my balance through a debt management plan. Capital One wouldn't accept the DMP, and continued to add interest/charges onto my account. Which got me a default at £701 for a £200 credit card.

Because I was paying I could through the DMP, I stupidly decided to ignore the calls/letters from Capital One who had denied accepting my plan - but still accepted payments through my plan (in my opinion they had accepted by taking the money). Anyway on 07th July 2005 they passed the debt onto Bryan Carters Solicitors, who issued a CCJ against me on 18th August 2005 for £258. I don't recall being made aware of this and continued to pay my DMP as normal. In December 2006 I had a credit check done for moving into rented property. Not surprisingly it failed so I got hold of my credit report and found a CCJ on their for £258. I paid this and assumed (again - should know never to assume) the debt was paid off, so I informed the DMP to stop paying them.

Then on the 6th June 2007 I got issued with another CCJ of £410, I finally paid the debt off on 20th August 2007.


Now i'm older i've realised they took me for a mug and was wondering if I could do anything to have them removed.

Default
Account Opened: 13/01/2004
Defaulted on: 01/04/2005
Special Instruction Start Date: 01/10/2007
Amount: £701

CCJ
Information type: Satisfied Judgment
Date: 18/08/2005

Amount: £258
Satisfaction date: 11 December 2006

CCJ2
Information type: Satisfied Judgment
Date: 05/03/2007
Amount: £410
Satisfaction date: 20 August 2007

My Experian file shows the dates above but my Equifax file shows the default date as the satisfied date. The date it was settled was in fact 20/08/07, so both default settled dates are wrong. I have sent a letter to both Capital One and Bryan Carters explaining this as i've got 4 different black marks on my files (6 in total) for the same debt.
I'm waiting for Capital One to get back to me. But Bryan Carter returned back to me today (although sent recorded), I rang them to ask for the address and they gave me the one I sent it to but asked what the letter was saying. I said it doesn't matter what the letter said has it wasn't signed for, so therefore shouldn't have been opened. The bloke then changed the subject and spoke over whatever I said. Which gives me the impression they opened it with the postman and then sent it back as it was something they didn't like.

Also I have managed to access an old payment statement of Bryan Carters and found the following added to the account days before the second CCJ.

02/08/07 Additional Amount £259.83
02/03/07 Claim Cost £20.00
02/08/07 £50.00

Sorry I said it was going to be long winded.

My questions are:
Will I be able to get the charges back from Capital One?
Are 2 CCJ's for the same debt legal?
Will I be able to get the CCJ's/default removed? especially with the info not maching?
Are they alowed to add 'additional amounts' without a viable reason to my account?
Is it legal what they're doing with the post?

Rachelh558

DarkConvict

Im kinda gob smacked they have taken out 2 CCJs for the same debt. A CCJ should cover the debt in full, so when the first CCJ was paid off the debt should have be completely cleared. They should not have taken out a CCJ for part of the debt and left the remainder to incur interest during the DMP. Are you sure you only had 1 account with capital one, I would be tempted to contact NDL, CCCS or CAB for further advice on this to see if that they have done is allowed.

The default is likely going to stand given you did default on payments. On a technicality you could send them a SAR ( http://forums.moneysavingexpert.com/showpost.html?p=33791933&postcount=24 ) and see if they did send you a default notice. If no default notice was made then the default is unlawful and should be removed. Although OFT/FOS and ICO may need to be brought in to enforce the removal.

Additional amounts... Well to a defaulted debt it will run within the terms & conditions of the agreement. If they agreement states they can continue to add interest and late payment fees then they can. Although its worth noting CC charges over £12 can be reclaimed as can PPI - http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance / http://www.moneysavingexpert.com/reclaim/credit-card-charges
They need to have a lawful reason for adding charges, a DCA cannot just add £70 as an admin fee, but if the £259 was incurred interest they can add this. Court costs will also be added to a debt, not sure on the figure but i guess about £50.

As to the CCJs. If you never recieved the paperwork to defend them then you should have a chance defend against them, this is called set aside. However the fact they are now paid will make it hard as if you disagreed with them you should have challenged them not paid them. If you were able to set them aside you would need a reason to challenge them. At the time the DMP would apply but with the debts all paid the reasons for disputing them now are probably to small. If you have ever done a CCA request it maybe worth putting that forward to see if the credit agreement was enforceable to begin with.

Either way, the info lasts 6 years. So the 1st CCJ falls off in 2011, and the 2nd one im 2013.

Rachelh558

Thanks for getting back to me. I only had the one account with Capital One, and on the statement from Bryan Carters it states TWO seperate 'Judgment Costs'.
I feared you'd say as they're paid theirs not much that can be done ( I'm currently trying to get a mortgage and this is affecting me getting past the starting post. I naievly thought back in 2007 if it was paid off i'd be able to get credit a few years down the line.

I have contacted Solictors Regulation Authority about the two CCJs and they have put me they have a case going against Bryan Carters already and have added me to it, but I need to get further advise on having them set aside disputed as they can't give advice.

The £259 wasn't intest as i'd already had £41.47 'Claim interest' added to the account on 14/02/07. And it wasn't Court costs as I recieved a 'Judgement Cost' of £40 on 06/03/10. I have a feeling that this 'Additional amount is to cover Bryan Carters own costs and Capital One never saw any of it.

When I spoke to someone at Bryan Carters earlier today (when I rang for address), they informed me i'd have to ask Capital one for all the court paperwork etc.