Sainsbury trying for ccj after 7 years

dumpyboy

Just when there seems to be light at the end tunnel last 6000 to pay off , after owning nearly 70000, a default account with a payment arrangement in place from 2008 default should have gone in sept 14 re registered by them complained had it removed same happen again and and again today told by there collection agent they are placing a ccj on the account ,what do you think there success would be after taken reduced payments for 7 years 7 months all paided

fatbelly

I assume that they are starting a court claim. Have you had the court paperwork yet?

Has there ever been a period of 6 years when you did not acknowledge the debt by payment or in writing?

What was this debt? I take it the 70k refers to your debt total, not this one Sainsburys debt.

dumpyboy

fatbelly wrote: »

I assume that they are starting a court claim. Have you had the court paperwork yet?

Has there ever been a period of 6 years when you did not acknowledge the debt by payment or in writing?

What was this debt? I take it the 70k refers to your debt total, not this one Sainsburys debt.

It was total debt Sainsbury was 10 500 now 2730 been haveing issues with them putting a default on each month since September last year when it the account should have gone as it had been 6 years after default date now should be sorted last month , there recoveries team told me they want to place a ccj on it sent me a letter asking for my contact details adress and phone number as they have not got them on record it would be like a bad joke if it was not a serious issue how are they allowed to carry on like this

sourcrates

dumpyboy wrote: »

It was total debt Sainsbury was 10 500 now 2730 been haveing issues with them putting a default on each month since September last year when it the account should have gone as it had been 6 years after default date now should be sorted last month , there recoveries team told me they want to place a ccj on it sent me a letter asking for my contact details adress and phone number as they have not got them on record it would be like a bad joke if it was not a serious issue how are they allowed to carry on like this

They sent you a letter, to your address, asking for your address ?

Tixy

Have you been making payments towards this debt throughout?
Are you still making payments?

The date of the default is not relevant for when they can commence court action.

If they take court action for them to be successful they need to produce evidence that you owe the amount of money claimed and for the debt not to be statute barred. Or for you not to respond to the court claim.

dumpyboy

Tixy wrote: »

Have you been making payments towards this debt throughout?
Are you still making payments?

The date of the default is not relevant for when they can commence court action.

If they take court action for them to be successful they need to produce evidence that you owe the amount of money claimed and for the debt not to be statute barred. Or for you not to respond to the court claim.

Yes been paying 60 pound a month for the last 7 years ,wanting to put a ccj on now seems done out of pure spite

dumpyboy

sourcrates wrote: »

They sent you a letter, to your address, asking for your address ?

Yes despite a active complant about re registering a default which I have had loads of conversations and letters about just plain awful people,got a call on my mobile from complaints while on the phone being passed from pillar to post in recoveries to ask me to be patient they would sort it out but recoveries say there no contact details for me made me so angry

Tixy

dumpyboy wrote: »

Yes been paying 60 pound a month for the last 7 years ,wanting to put a ccj on now seems done out of pure spite

And you currently owe £2730 for this debt?

If you are still making payments then I would imagine them taking court action is unlikely unless they have very good reason to believe a judge would order you to pay in full or to pay signficiantly higher monthly payments.

fatbelly

I agree.

However, as this appears to be a 10.5k loan, it would be covered by the consumer credit act. So now (that a court claim has been threatened) would be a good time to do a cca request

https://www.nationaldebtline.org/EW/factsheets/Pages/39%20EW%20Credit%20agreements%20-%20getting%20information/Default.aspx

The account would be unenforceable until they comply.

Note that they cannot just 'put a ccj on it' - they have to start a court claim, which you can respond to, defend if appropriate, then the courts would decide on a repayment schedule.

All a bit pointless from their point of view if you are repaying it over the next 4 years anyway.

Sazzie23

Regarding defaults, they cannot default the account every month, have they actually defaulted you, or have they marked your account 'AP' arranged payment, you might need to sign up to noddle to check.

A default stays on your account for 6 years from the date of the default, an AP Marker for 6 years from the final payment. If they haven't actually defaulted you, you could complain to the FoS.

Secondly, are they still charging interest, if they are, again threaten them with a complaint to FoS, as you are still in financial difficulties, they should treat you in a manner that helps you recover.

I don't understand why they are suddenly threatening CCJ, was any agreed payment missed, or did they ask for any paperwork to back up your need for agreed payment? Don't ring them, write to them straight away saying you only want contact in writing as you feel they are harassing you.

If you get any paperwork saying a CCJ action is in progress ring Stepchnage or National debtline for advice with it, don't ignore it, but if you have been paying the agreed payment for 7 years, it's unlikely a court would process the CCJ unless you ignore it, but you might need to show up with proof of agreement and paperwork. It probably won't come to this so don't panic.

If the worst did happen and they gave you a CCJ, it shouldn't cause you a financial problem as the court should agree to your payment plan if your finances are still same.

dumpyboy

The account was defaulted in 2008 and should have been removed last year which it did one month then it was re added with a default date which they done every month since , waiting for the ico to look at it, they had reduced payments for 7 years they want full balance or else there words