Help with cca please?

ogretraylor

Hi all. Wonder if anyone can advise please.

I had a 10k unsecured loan with Lombard circa 2002, all was going well until 2004 when I was forced to stop work due to a disabling illness (I am now in a wheelchair).

The insurance only paid for a year so, inevitably, I was taken to court. I didnt contest, and the judge ordered a land registry on my property (sorry I dont know the legal term - but it basically meant if I sold the house Lombard would be paid out of the proceeds).

A credit agency Arden credit management took over and I was paying them £40 per month. This was ongoing until November of 2012, when I was informed that a company called Idem were taking over the account, but payments were still to be paid to Arden.

I, just by chance, today looked at my credit status online, and was staggered to find, that, according to the report, my debt to Idem was finished last payment made 20/11/12. (The same time as the debt was "switched") and there was no mention, whatsoever of Arden.

I have still been paying Arden £40 a month since.

So has the debt finished? Can I reclaim the monies I have paid since 11/2012?

Any advice much appreciated.

fermi

Think I would CCA or Subject Access request under DPA whichever seems most appropriate, for a full breakdown of what has been paid and is alleged to still be owing.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=39_getting_information_about_your_credit_agreement

Tixy

If you originally defaulted on this debt in 2006 then the debt should not appear at all on your credit file now.

But aside from that in what way does it say the debt was finished?

If it says satisfied and a nil balance outstanding this is often done when a debt is sold to a new third party. What then usually happens is that the new owner puts an entry on your credit file and the previous one is removed.

However if Arden don't report to that particular credit reference agency a new entry in their name won't appear.

So you really need to work out or find out what the outstanding balance is.
If you have any statements then that would be a good starting point. Failing that you could write to arden asking for a full transaction breakdown of the debt. If they won't supply it then you may have to send them a subject access request which costs £10 but will force them to send it to you, along with all other paperwork they hold in relation to this account.

It sounds like you have perhaps been paying £40 a month since maybe 2006, so maybe 8years - which would be around £3840 paid since the CCJ. Can you recall or check how much the CCJ was for? If it was for a lot more than that amount then it would seem as though the debt is not fully paid yet.

ogretraylor

OK thank you very much for the advice.