CCJ scare gone so now to improve on my other debts

abbiesmom

Hi guys,
Having recently had a CCJ scare and thanks to the advise of this forum I think I have settled it's time to face up to my other debts.

I currently pay;

20 a week for Tax credit overpayment resulting from my divorce (Until July 2014)

£340 a month car loan

20 a month for overpayment on student grant

£20 a month rent arrears

All in all I have never missed a payment on these

I will have to sort something out with the recent query re invoice from solicitors - verbally agreed £50 a month providing the work wasn't covered by legal aid. I am able to meet this payment.

I have a default on an old catalogue account showing on my report. I have tried to contact them to sort out payment but they say Scotcall is dealing with it. I have contacted Scotcall who say the balance is different to what is showing on my report. Can they increase the amount after it has defaulted? They say they will accept a full and final payment of 50% but won't put this in writing. They also said they don't own the debt so how can they offer this without speaking to the creditor?

I really want to start making payment to clear this default but the catalogue company wont give me any details other than scotcall are dealing with but there is no record of them on my credit report. Do I have to deal with Scotcall who have increased the ammount and are offering deals when they don't even own the debt? Seems dodgy to me.

What do you guys think?

I was thinking of offering £25 per month.

happy_bunny_2

They can increase it post default as long as the charges are fair and necessary, as per OFT debt collection guidelines.

They should also provide a breakdown of the balance as required by OFT guidelines.

No full and final in writing, don't touch it. They will take the money and then chase the rest. They may have power to negotiate for the client, but refusing to put it in writing is dodgy.

Was the account taken out pre April 2007?
If so, pay nothing and send them a CCA request. They need a signed original to get a CCJ from this timeframe, unless taken out online in which case the CCA they send should still be correct in every way or they can't enforce in court.

If not, send a CCA request anyhow, that should also come with a statement of account.

abbiesmom

I think the account was opened online in 2008 and defaulted in 2010 after my divorce. I really want to get this cleared but they wont confirm that if I start making payment no more interest will be added or they wont give me a final settlement figure in writing.

The sooner I get this off my account the better my credit files will look as this is the only bad thing on there, I was even declined for a barclaycard initial to try and help rebuild my credit which I think can only be because of this, all my bills have been paid on time since 2011 and the other debts (besides car loan) are not reported to them.

I think the only way to sort this out is to keep saving until I have enough to pay it off in full or get a settlement deal from them but I have been trying to negotiate for some 6 months and seem to have got nowhere. My CCA request back then only provided me with a statement of account showing what I had bought and paid to date. This was all accurate but didn't show the additional fees Scotcall are now requesting. Bearing in mind Scotcall were only passed the account after I made contact to try and clear it which I felt was a little underhanded as I wrote to them for payment slips and they said they will not accept payment Scotcall are dealing with now.

I used the snowball calculater yesterday and seems I can be debt free by October 2016 if I make small overpayments and the first of my debts will be clear by July 2014. I think it can actually be better than that as the interest on my car was precalculated based on the full term and I have been making overpayments since the start and there is no penalty for doing this, I put in what is currently owed inc pre-loaded interest with an interest of 0% into calculator- was this right?

As long as I have no financial changes in the next 3 years the end is in sight

happy_bunny_2

Ok.

Even if you pay it, the default will stay on your file for 6 years from default date. It will show as settled.

Send hem a complaint, in writing, about the lack of CCA and the statement not showing the fees. Also complain that the fees are unreasonable. Tell them if they ignore you you are referring to FOS.

No joy after 8 weeks, refer to FOS as it will cost them a £500 fee. Free for you. Will take a while to get a response, but you are stuck with the default anyhow.

They don't have to accept an offer less than the full balance. But can't ignore statement request, CCA request of a complaint. Well they can, then off to FOS.

abbiesmom

I've had an email from Scotcall today saying that they are not dealing with the account and it's been passed back to the creditor.

Don't these guys want the bill paid?

Creditor wont tell me how to pay. Collection guys no longer collecting.

This debt has been a nightmare since I started trying to pay about 6ish months ago and so far I've not managed to pay anything.

I realise that it will still be on my file for 6 years but as it's the only negative on there didn't think it would have such a huge impact on my credit worthiness. I have banked with Barclays for 18 years and the pre-check said I had a 90% chance of being accepted for the initial but guess I fell into that 10% trap at the time of applying.

happy_bunny_2

Sit back and wait. Either the original creditor or a new set of clowns will be in touch soon and then you can ask why your previous CCA request and info on charges hasn't been responded to.

abbiesmom

I guess that's all I can do. It's just so frustrating as I really want to clear it, particularly with the recent scare I had with the papers from Northampton for a debt I didn't even know existed.

I know this debt exists. I want to put it right, but just can't seem to! I don't want to ever be in the situation where I'd have to find the money at short notice to avoid a CCJ.

I think I will start putting away the £25 a month I was proposing into a savings account ready for when they ask for it.

happy_bunny_2

Good plan.

Good to keep a diary of events and letters etc to show how unreasonable the creditor and their clowns have been just in case it ever did go to court. Would not look good on them.

Saving the money is a good idea.

abbiesmom

I have today received a letter from the creditor that they are not dealing with the debt and Scotcall are, however just 3 days ago Scotcall said that they passed it back to the creditor when I tried to reach an agreement with them. WTH?!

I'm starting a whole file on these muppets ready for when they actually decide that they DO want me to pay