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Ccj help!

12346

Comments

  • boo_star
    boo_star Posts: 3,202 Forumite
    Part of the Furniture 1,000 Posts
    edited 23 October 2019 at 1:01AM
    xlnc99 wrote: »
    The only question mark i have is that ive not heard of an account not to default past the 6 month mark ever. Usually its before then, so that still would not explain 4.5k in fees over a maximum of 6 months for a 1500 debt. Doesnt add up

    Are you serious?

    Accounts don't get defaulted after far longer than 6 months.

    They should, but well, they don't.

    It's not unusual.
  • xlnc99
    xlnc99 Posts: 1,673 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    Yes that is what i said. i have not heard of an account not to default after 6 months. 6 months is the max time, ive never seen an account being defaulted past the 6 month time frame of the first missed payment.
  • boo_star
    boo_star Posts: 3,202 Forumite
    Part of the Furniture 1,000 Posts
    xlnc99 wrote: »
    Yes that is what i said. i have not heard of an account not to default after 6 months. 6 months is the max time, ive never seen an account being defaulted past the 6 month time frame of the first missed payment.

    It's a guideline, not a hard and fast rule.
  • xlnc99
    xlnc99 Posts: 1,673 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    yes hence why i said i have not come across anything past the 6 months in my own experience and through and threads or forums ive ever read. Im sure there maybe the odd case here and there but ive ntot come across it as of yet. Would be interesting to know if anyone has gone past the 6 month mark of missed payments without a default
  • boo_star
    boo_star Posts: 3,202 Forumite
    Part of the Furniture 1,000 Posts
    edited 23 October 2019 at 1:19AM
    xlnc99 wrote: »
    yes hence why i said i have not come across anything past the 6 months in my own experience and through and threads or forums ive ever read. Im sure there maybe the odd case here and there but ive ntot come across it as of yet. Would be interesting to know if anyone has gone past the 6 month mark of missed payments without a default

    If you haven't seen posts of people with defaults registered over 6 months after they stopped paying, you're not paying attention.

    Just one off Page 2 of this very forum.

    https://forums.moneysavingexpert.com/discussion/6059759/default-notice-query
  • Robyn182
    Robyn182 Posts: 29 Forumite
    Fourth Anniversary 10 Posts
    So we spoke to Lowell’s finally today. They were pretty horrible and quite scary. They said now that’s he’s contacted them if he doesn’t pay within 14 days they will send the bailiffs round to us.

    We found out the original debt was just shy of £2000, £1700 interest and the rest legal fees. It’s now really scared us as if we try to set aside this ccj it will take longer than 14 days.

    Can anyone offer any advice?

    Thanks
  • xlnc99
    xlnc99 Posts: 1,673 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    ive had debts with lowell before and in similar situation to yours. Old CC and given me CCJs etc. Ive never had or heard of 1700 interest for a card thats defaulted. Who has added the interest? Lowell? I am not sure that can do that, its never happened to me. As for the legal fees, complete nonsense, CCJ is 25 quid fee and maybe they might take the odd 50-100 quid admin fee but over 2k legal fees is nonsense.

    Id fight this, get a breakdown of the fees
  • Ben8282
    Ben8282 Posts: 4,821 Forumite
    1,000 Posts Combo Breaker Newshound!
    edited 25 October 2019 at 4:28PM
    Robyn182 wrote: »
    So we spoke to Lowell’s finally today. They were pretty horrible and quite scary. They said now that’s he’s contacted them if he doesn’t pay within 14 days they will send the bailiffs round to us.

    We found out the original debt was just shy of £2000, £1700 interest and the rest legal fees. It’s now really scared us as if we try to set aside this ccj it will take longer than 14 days.

    Can anyone offer any advice?

    Thanks

    The mention of sending baliffs in 14 days is an empty threat.
    As has been said interest should not have been added by the credit card company post default and interest should not have been added by the DCA at all.
    I have also previously suggested that, based on the OP's response to a question I asked, the debt may well have been statute barred at the time the ccj was obtained. The OP however has ignored this possibility preferring to concentrate on consent orders and SAR's.
  • Robyn182
    Robyn182 Posts: 29 Forumite
    Fourth Anniversary 10 Posts
    She said they had a court order to take £50 a month from him! She’s emailing him a proper break down of the fees and she said as a good Will gesture she’ll give him 14 days to pay before setting the bailiffs on us. He’s on the phone to the courts now to tell them he wants to apply to set it aside but worried about the time scales. These guys are absolute crooks and I don’t know how they sleep at night.
  • Robyn182
    Robyn182 Posts: 29 Forumite
    Fourth Anniversary 10 Posts
    Ben8282 wrote: »
    The mention of sending baliffs in 14 days is an empty threat.
    As has been said interest should not have been added by the credit card company post default and interest should not have been added by the DCA at all.
    I have also previously suggested that, based on the OP's response to a question I asked, that the debt may well have been statute barred at the time the ccj was obtained. The OP however has ignored this possibility preferring to concentrate on consent orders and SR's.


    Unfortunately it’s not SB as he last paid it in Nov 2014 which was when he moved house.

    I don’t understand how a consent order works, I’m not ignoring anything it’s just really confusing.

    Is there anywhere I can go to to get professional help and advice on the best course of action?
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