Default or CCJ?

rising_from_the_ashes

Leon_Telford wrote: »

What UK main banks are the better ones to deal with over stuff like this?

Sorry for being cheeky ...... why?

Tixy

Leon_Telford wrote: »

What UK main banks are the better ones to deal with over stuff like this?

Its really impossible to say - they all seem to vary as to how willing they are to accept reduced payments/DMPs, how likely they are to freeze interest and how likely they are to sell the debt on or consider court action.

Some people find bank x is the most difficult in accepting their payment plans and bank y accepts it straight away with no fuss. The next debtor along might find the exact opposite.

If you are thinking about a person who can't meet all payments and so is considering which account to default - its not as simple as that. For banks to be happy with any reduced payments its about treating all of your creditors equally, so that if you reduce payments to one, you reduce them to all and they all receive pro-rata payments. Not doing this also will increase the risk of them taking court action, so that they get their fair share of what you can pay.

Leon_Telford

Tixy wrote: »

Its really impossible to say - they all seem to vary as to how willing they are to accept reduced payments/DMPs, how likely they are to freeze interest and how likely they are to sell the debt on or consider court action.

Some people find bank x is the most difficult in accepting their payment plans and bank y accepts it straight away with no fuss. The next debtor along might find the exact opposite.

If you are thinking about a person who can't meet all payments and so is considering which account to default - its not as simple as that. For banks to be happy with any reduced payments its about treating all of your creditors equally, so that if you reduce payments to one, you reduce them to all and they all receive pro-rata payments. Not doing this also will increase the risk of them taking court action, so that they get their fair share of what you can pay.

You are correct it is for a friend this question, they are with RBS..........

goldengirl6

Hi im really sorry to add this to your thread but as my question is sort of related im hoping you dont mind.

I have struggled for 3 years to obtain credit of any kind other than my mobile account which i had to have a pay monthly prepayment for 6 months before the company would trust me with an actual contract, i only have basic bank accounts, was unable to get a loan needed for vet bills last year when my dog was ill (sadly he had to be put to sleep) no mortgage, despite having a good job and adequate salary, and more recently i have paid over £250 for checks so i can move into rented accomodation with my daughter, however my application was declined due to me having a ccj. well i never saw that coming, i have held my experian and equifax credit file for some time now and check them once a week religiously, and neither of those mention a ccj, infact my score is currently 889 out of 999. i questioned the letting agency and they have told me to contact home let which i did, who then in turn asked me to contact call credit, which i did, i had to sign up for yet another credit report to find that i have indeed got a ccj registered against me to my parents address.
some time ago i neded legal advice from a well known solicitors firm, i was asked to pay for legal advice and sent them £800, they did their job and informed me when that money had been used and i was asked if i still required further advice if so to put it in writing that i wanted them to act for me and to also send cash. i didnt as i couldnt afford their services at the time and continued to pursue my case alone.
they spent £440 on advice from their junior solicitor, and also £250 on the barristers neither including V.A.T, which in 2008 was 15%. so to find that these supposedly intelligent people had taken me to court for the sum of £216 which i (according to them) hadnt paid is infuriating. seeing as i paid the £800 in advance. what is more infuriating is that thy charged the ccj to my parents address which was unoccupied for over two years hence i had no letters or invitation to court.
the solicitors firm has employed another firm to fight against me which i dont really care about it as it doesnt take a rocket scientist to work out £250+£440+15% is not equal to £1016.00. i'll fight them all the way now, infact im wondering if i should counter sue them for time wasting and also libel and defamation of character seeing as they have sullied my previous excellent credit worthyness. their solicitor said it will take between 6-8 weeks to get the info they require in order to deal with my complaint re the actual ccj, i think thats far to long seeing as i have already forwarded them the evidence required. i would really apprciate any advice. thanks:)

Tixy

goldengirl - this would be best in its own thread for you to get the most views and advice about your specific situation. Hopefully someone with the power will move it and this response.

In the meantime - you've just found out about this CCJ and say you are going to fight it - that would usually mean applying to have it set aside - have you read up on this process and submitted a set aside application?
Have you got a copy of the judgement from the court? and asked the solicitors for all information they hold, copies of invoices, all letters, details of time spent by staff etc?

goldengirl6

hi thanks for responding, i have no idea how to start a new thread else i would have done.
i have asked the new solicitor to provide me with all info they and the firm i paid have on me, i dont have anything at present re the judgement as i only found this out on monday, but i have requested it. in the hope that they could get this error sorted sooner (and therfor meaning i could hopefully get the letting agents to reconsider their decision to decline my application) i provided them (the new solicitors) with all the letters from the original firm re all the payment info, receipts and such and an itinary of how they spent the £800 that i paid in advance. they are saying that it will take 6-8 weeks to respond to me, which puts me in an awkward position, because i have paid the letting agents the cash for credit checks and writing up the contracts, i have had to explain to them that i have entered into dispute re the ccj, so they cant re advertise the property which i intended to let, until it is finalised, meanwhile im going to have to rely on family and friends to put me and my daughter up. i really want these people to feel the embarrassment and suffering i have been through, it was absolutely heartbreaking last year when my dog had to be put down because i couldnt get a loan to cover his bills, also having to explain to your child why she cant invite her friends round after school to a non existant house is something that sinks hearts. im not a person who wants what they cant afford i work damn hard to provide for me and my little girl, but when i needed to gain credit which was always positive previously, i was unable to and i am seriously vexed.

Tixy

Even if the claimant (original solicitors) agree that the CCJ is incorrect and choose to put in a set aside application themselves that will still take time to action and get through to your credit file.

If you have to try that route yourself (and assuming you are successful) again it will take time.

I doubt you would get this sorted within 1 -2months minimum. And it could drag out much longer.

I'm not sure the letting agent will be prepared to hold the house you want to rent, it would be unusual they would agree to.

goldengirl6

once again thanks for replying, i don think the agents will wait that long either, but because they have hold of my cash they will have to either wait or refund minus the credit check itself. i should be greatful to the letting agents really, because without them i would still be none the wiser as to why i have a good credit score but no one wants to lend me anything.
the 6-8 weeks the solicitor has said is to get all their and the claimants paperwork together to work out where the discrepency is. luckily for me i have kept everything that they have ever sent me, infact it was all done via email. so i know for a fact that i dont owe anything to them, but the fact still remains, they have sullied my name and my credit worthyness. so can i counter sue for libel and defamation?
ps how do i start a new thread?
many thanks

goldengirl6

(1) Defamation requires that the party doing the defaming has published (or at least communicated to a third party) disparaging comments concerning the person who alleges they have been defamed, which tend to lower him or her in the estimation of others, cause him or her to be shunned or avoided, or expose him/her to hatred, ridicule or contempt. Oral statements are slander, more permanent statements are libel.

so seeing as the solicitors who obtained a ccj against me wrongly, have put this on my credit report and passed this on to 3rd parties, who have then in turn shunned me, im guessing i can?