Confused about old CCJ and new default

bobbysox · 8 December 2013 at 2:18AM

Hi

I posted recently regarding my situation and that of my husbands. I have been digging deep and looking into any debts owing in my husbands name as he has mental health issues. I dealt with his debts a few years back, got medical evidence and sent letters, copies to each debtor offering payments to clear. Many was paid and some companies wrote off smaller debts.

Far as I knew I dealt with each one owed and have not heard a word from any until recently a Judgement against my husband had been entered. I sent off for his credit report from Experian and found that there is a CCJ there, I didn't know, but I am confused.

He owed what was then I believe More Than who offered credit cards and was bought up by LLOYDS. The credit file states:

LLOYDS BANK PLC (EX TSB)
Account type: Credit card.
Started: 11/07/03
Current Balance: Satisfied.
Default date: 23/07/08
Default Balance: £3,286.00

I am not sure how it can be satisfied and have a default balance owing. Sorry I don't usually know about these things.

Secondly, seems CapQuest at some time have bought the debt took it to court and Judgement was entered against my husband even though it says satisfied on the CCJ? There is a further new default on his file from Cap Quest

Started: 11/07/03
Current balance £3,286.00
Default date: 25/07/08
Default Balance: £3,286.00
Account update: 17/11/13

This is all that is on his credit file as a debt/default/CCJ. But I have no clue what it all means. Can anyone advise, sorry to be a pain but I don't understand it. Many thanks in advance.

myright · 8 December 2013 at 12:36PM

Yes sometimes the debt agency can arrange a deal / discount if you pay XYZ by XYZ date to clear some of your debt of (which may not be all of it, maybe 70% etc). Then they will say the debt was satisfied or settled. In other words no debt is owed anymore.

Also bare in mind....Look at the date when the default/ ccj was issued to you on your file. 6 years after that, it will be removed off your file. so for example if the default/ ccj was put on your credit file in 2008. then after 6 years from there it will be automatically be removed from your account. So in this example it will vanish from your file in 2014.

Also go on noddle .co.uk to register for a FREE credit report for life. every month it updates your file so you can keep an eye on your records.

bobbysox · 8 December 2013 at 7:55PM

myright wrote: »

Yes sometimes the debt agency can arrange a deal / discount if you pay XYZ by XYZ date to clear some of your debt of (which may not be all of it, maybe 70% etc). Then they will say the debt was satisfied or settled. In other words no debt is owed anymore.

Also bare in mind....Look at the date when the default/ ccj was issued to you on your file. 6 years after that, it will be removed off your file. so for example if the default/ ccj was put on your credit file in 2008. then after 6 years from there it will be automatically be removed from your account. So in this example it will vanish from your file in 2014

Thank you so much myright for the reply. I checked on his file and the court Judgement date is :

19/11/2013
Amount £3,473
Court: Northampton.

So if nothing is owed and this is the same debt, it appears with charges added, I am not sure why it is still shown as owing and Judgement was entered against him? It has been so long I have no papers regarding this debt and at the time many were paid, all I have is the Judgement paper which arrived end of October.

I need to know for certain if this debt is satisfied/settled or owing. Seems CapQuest bought the debt and took him to court after it was satisfied? I checked Noddle and it just shows the date of the CCJ as above, yet, my husbands Statutory Experian credit report shows it satisfied.

Thank you for your time and any advise would be most welcome and appreciated.

happy_bunny_2 · 8 December 2013 at 8:19PM

I think Capquest bought the debt, thus satisfying the original creditor entry, then getting a CCJ.

Usually, the original creditor and purchaser agree who will update your file. I've read a few posts like yours, apparently only you see the 2 entries, it looks like the same account to anyone searching your credit file.

HB

bobbysox · 8 December 2013 at 8:27PM

happy_bunny wrote: »

I think Capquest bought the debt, thus satisfying the original creditor entry, then getting a CCJ.

Usually, the original creditor and purchaser agree who will update your file. I've read a few posts like yours, apparently only you see the 2 entries, it looks like the same account to anyone searching your credit file.

HB

Ah thank you for that happy_bunny, so that would mean the debt is still owing? But now to CapQuest and with the CCJ still active as it shows on Noddle.

I lost track being so long ago, I know I wrote to everyone and thought it was all sorted, obviously not. There is a Solicitors name on the Judgement paper which came in my husbands name, so perhaps I can contact him to sort it as my husband had no normal CCJ with the income/expenditure you fill in, just the Judgement. If I can do that and set up a repayment plan, it would least begin to clear.

Thank you again for your help and useful advise. I am learning all the time using these posts and reading.

happy_bunny_2 · 8 December 2013 at 9:10PM

What's the CCJ date?

Should have had forms through before that was granted in court. Did he not get any?

bobbysox · 8 December 2013 at 9:22PM

No, he never had no forms, if he had, I would have filled them in and sent them back.

All that arrived was a Judgment for Claimant ( in default) this was dated 19/11/13.

I deal with all my husbands finances and previously his debts, and had the claim form arrived it would have been completed requesting time to pay and income/expenditure filled. I would not have disputed the claim as I know he owed debts some years back, and thought I had dealt with them. But I would have requested time to pay.

happy_bunny_2 · 8 December 2013 at 9:30PM

Might be worth giving the court a ring to see if there is anything they can do as you never got the forms. Check the address they say they were sent to.

I'm not sure Capquest are entirely competent or decent in their dealings...

spacey2012 · 8 December 2013 at 9:39PM

I would file a form N244 to the court with details of the CCJ and see what they come back with, use the statement No correct service of papers to current address, Plaintiff has mislead court by incorrectly stating a address they knew the defendant did not reside at.

They wont even turn up to defend the N244 if this is the case.
I would however act with utmost urgency and file the N244 on Monday as court Bailiffs could be at the house on from Tuesday given normal time-scales.

bobbysox · 8 December 2013 at 9:39PM

I will do that in the morning, thanks.

The Judgment claim doesn't even have my husbands date of birth listed, but the address was correct and his name on the claim for judgment, so really don't know why the form never arrived. I am not one for burying my head in the sand. Several years ago I had all this with several debts he owed and dealt with all, so whatever happened to the form I have no idea, but they didn't arrive here.

Thanks for all your help, I am in a way glad I know now there is a debt, had I not asked and assumed it was satisfied, it would have been much worse.

spacey2012 · 8 December 2013 at 9:41PM

If they state papers were correctly served in reply then an appeal must be lodged as the decision was incorrect in law as the debt was statute barred.

Confused about old CCJ and new default

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free