default, potential ccj, need advice.

cwebb4

hello to everyone, getting pretty stressed again, could someone please put me at ease. my last two letters were as follows.

letter that basically said "as the owner of this account we are going to make checks to see that you are not paying your other creditors and we access to all the info(i guess this isnt true). we would view this as unfair- unless you contact us to clarify this we will obtain the information." etc

ok so this seems like a template letter, not too worrying but today i got a letter that LETTER OF CLAIM qritten on it, again from capquest tho.
it also read PRE-ACTION CONDUCT. it also said we are willing to discuss with you any issues relating to our claim etc etc etc and gave me a list of financial help institutions.

although this dropped off my credit report(was a default with natwest) it wont be 6 years, from the point it was showing as having defaulted, untill august. should i be worried about this one? seems like they are gearing up for court action or just scare tactics?

thanks very much to anyone who replies with advice, really stressed over this one.

Gordon_Hose

Scare tactics I'd say.

taffy056

It's not when the account defaulted very often, it's when you last made a payment to them or acknowledged the debt, when exactly was that ?

cwebb4

taffy056 wrote: »

It's not when the account defaulted very often, it's when you last made a payment to them or acknowledged the debt, when exactly was that ?

hello, i have never made a payment or acknowledged the debt.


thanks for the quick responses, any advice would be really helpful. thanks.

taffy056

cwebb4 wrote: »

hello, i have never made a payment or acknowledged the debt.


thanks for the quick responses, any advice would be really helpful. thanks.

A default normally happens about 6 months after your last payment, sometimes before depending on the lender, have you acknowledged or paid anything towards it after April 2006 ? If you haven't it could be statute barred, and that would be 5 years in Scotland.

Gordon_Hose

What was the debt for?

cwebb4

thanks to everyone who has commented so far....

i had a student account overdraft that i basically used and never paid any money into, pretty quickly it became a default and it will be six years in august since the date of the default... the only reason why i know it defaulted on this date is because it was on my credit file- althout that disapeared from my file about 6 weeks ago, which is also strange, and hasnt returned....

CASHLOW

Hi guys

Just hoping to re-light this thread...it seems very much like a problem I'm facing. cwebb4, have you got any updates for us?

Also with regards to making a payment arrangements, I'm guessing these wont show up on the credit report once the default drops off? I.e. the default has run six years and the entry is removed in its entirety....there's no new addition of 'reduced payment plan' is there?

cwebb4

hi. thanks for your response.

they have started leaving voicemails again and they have given me basically untill the end of the month then they(capquest) say they will file for ccj.
as everyone has said it could be just scare tastics as i have never had comunication with them at all and the debt is only 2 and a half months away from being six years since the default. it dropped off my account 2 months ago but im not sure why. is it possible the default was a few months earlier than was listed on my credit file?
im thinking about just agreeing a minimum repayment with them tbh because if they do go for the ccj than i cannot affor to pay them in one go so will incure a ccj and if i start repaying it now, as i understand it it wont appear back on my credit file since it has been nearly 6 years- i think i have that right. so really there isnt any advantage to waiting untill august(when it go's statutory barred) and risking the ccj.
only annoying thing is they have offered me a reduced payment of £950(from £1600) but i dont think they let you have that figure if you pay in installments do they? anyone know? pretty sur ethats a one off offer for full payment.

its pretty scary situation as im very close to the 6 years and i kinda think that maybe they are really contacting me hard now as the 6 years are coming up so they have alot of motication to go for the court order now as if they wait another 2 months they wont be able to do anthing, make sense.....

anyone with anything to add would be greatly appreciated.

awayinchina

I would sit tight until around mid to end of june/july see what transpires. the other option is to tie them up in paper work for 1-2months disputing the case. IE get copies of the credit agreement also asking for all data held in regards your name (send postal order NEVER a CHEQUE also never sign anything) Also highlight you dispute the accounts being yours. they tend not to hold all the paper work and have to request it from the OC. This is a high risk tactic and should only be used as a last resort. I have used it once, as I never admitted to the account by the time I got the paperwork it was 2 weeks past SB. case closed. its an option but it is a high risk one. it does assume that the DCA will not have all their paper work in order.