CCJ and ACI debt recovery for swift sterling

confused55 · 2 December 2017 at 3:04PM

I am up to my eyeballs in multiple defaulted debts, totalling over 20K, the largest individual creditor for an 11K loan has now gone quiet for a long time after I sent in financial forms. The same or similar goes for other proper debts with reputable companies.

The primary problem now is payday loans amounting to around 3 to 4K in total, and ACI are the most problematic. They actually have hardly contacted me, in comparison to others, but suddenly last month sent CCJ forms which I returned to them outlining my finances and offering £5 a month - they've rejected that, which I only know because of the "judgment for claimant" form I have received today. The form says I should pay almost 100 per month (total debt is around 1200) and it says I (or they) can object by getting forms from the court etc. which I will be doing as I am now also on the sick and my earnings are far less than those outlined on the form.

My question is that I have now seen that many people are being successful in getting rid of these debts or being refunded for those they repaid by arguing they were mis-sold.

In my opinion my case is about as obvious a case as could be shown to a court, at the time I took this loan from Swift Sterling, I was towards the end of a stream of loans from multiple other payday lenders, most notably Wonga - borrowing the money and then repaying and then borrowing again immediately or within days to a week. Also I had loans with numerous others in a similar vein - having borrowed at the same time as Wonga. So clearly any responsible company should not have lent me the original 600 or whatever it was, as I was clearly up to my eyeballs even though at that stage I was not (I don't think) in default to Wonga, although I was in default to several "proper" loans and credit cards.

So how do I go about initiating this? Obviously I should ideally have done this before returning the CCJ forms - but that boat has sailed, and since people are getting refunded for loans they've repaid - I don't see why I shouldn't be able to effectively get this debt cancelled even though I've already admitted it via the court forms.

Any advice?

sourcrates · 2 December 2017 at 4:00PM

Hi,

By "CCJ" forms, do you mean a claim form ?

Did you acknowledge service online ?

Now legal action has been taken everything changes, you must follow correct procedure with the courts now, any reclaiming of interest and/or charges should of been done prior to legal action been taken, that boat has also sailed unfortunately.

If its any easier to swallow, Swift sterling were based in Malta, so did not come under the jurisdiction of the FOS, hence there was no realistic form of complaints procedure anyway, so i doubt you would of got anywhere.

Some people did get some money back but only after a very lengthy process going through the Maltese authorities.

Since the middle part of this year i believe they have re-opened for business in the UK under an FCA license, and are now subject to the FOS for complaints resolution, unfortunately its a new company, so nothing can not be applied retrospectively.

You can apply to the court to vary your monthly payment by filling in court form N-244. and returning it ASAP.

The other loans, where no legal action has commenced can be challenged, info here :

https://debtcamel.co.uk/payday-loan-refunds/

confused55 · 2 December 2017 at 4:32PM

sourcrates wrote: »

Hi,

By "CCJ" forms, do you mean a claim form ?

Did you acknowledge service online ?

Now legal action has been taken everything changes, you must follow correct procedure with the courts now, any reclaiming of interest and/or charges should of been done prior to legal action been taken, that boat has also sailed unfortunately.

If its any easier to swallow, Swift sterling were based in Malta, so did not come under the jurisdiction of the FOS, hence there was no realistic form of complaints procedure anyway, so i doubt you would of got anywhere.

Some people did get some money back but only after a very lengthy process going through the Maltese authorities.

Since the middle part of this year i believe they have re-opened for business in the UK under an FCA license, and are now subject to the FOS for complaints resolution, unfortunately its a new company, so nothing can not be applied retrospectively.

You can apply to the court to vary your monthly payment by filling in court form N-244. and returning it ASAP.

The other loans, where no legal action has commenced can be challenged, info here :

link removed

Yes, the form on 26/10 was a claim form, which I sent off by snail mail within the time limit, and the most recent was an actual judgment form on 24/11 - although apparently 27/11, being the postmark date, is the start date for challenging the payments. So basically you're saying that short of paying the full amount within 30 days, there's no way of getting the CCJ removed at this stage?

sourcrates · 2 December 2017 at 4:40PM

confused55 wrote: »

So basically you're saying that short of paying the full amount within 30 days, there's no way of getting the CCJ removed at this stage?

Once judgement is granted, the only way to have the judgement removed is either :

To pay it in full within 30 days, as you say,

or

apply for a "setaside" motion with the court. To have a setaside granted, you must have a defense with a reasonable chance of success, unaffordable lending is not a defense in this situation, and as you admit the debt is yours, it would be a waste of the £255.00 setaside fee, in my opinion.

System · 2 December 2017 at 5:38PM

confused55 wrote: »

My question is that I have now seen that many people are being successful in getting rid of these debts or being refunded for those they repaid by arguing they were mis-sold.

I'd like to say it comes as a shock but it now seems to be a theme in this board.

In my opinion my case is about as obvious a case as could be shown to a court, at the time I took this loan from Swift Sterling, I was towards the end of a stream of loans from multiple other payday lenders, most notably Wonga - borrowing the money and then repaying and then borrowing again immediately or within days to a week. Also I had loans with numerous others in a similar vein - having borrowed at the same time as Wonga.

You had low balances on the outstanding loans and on your credit file plenty of repaid loans and no missed payments so you were a good risk.

So clearly any responsible company should not have lent me the original 600 or whatever it was,

Surely any responsible person shouldn't have been applying in the first case?

confused55 · 2 December 2017 at 6:01PM

Tarambor wrote: »

I'd like to say it comes as a shock but it now seems to be a theme in this board.

You had low balances on the outstanding loans and on your credit file plenty of repaid loans and no missed payments so you were a good risk.

Surely any responsible person shouldn't have been applying in the first case?

People who need money will apply...and I had 16K in outstanding balances on a loan and 2 credit cards, which I had already defaulted on - it was low on the payday loans, but with the interest and the fact it was never being paid off for more than 5 minutes and I was now borrowing money from everyone, Wonga, Sunny, Swift, Lending Stream and just repaying and reborrowing at the end of every month, and slowly but surely taking on loans from more and more companies.... If you think that's a good risk then I think you've got the wrong end of the stick.

Oh and I've just realised...to give you an idea of how much of a mess I'm in that it's Lending Stream that ACI are acting for - the Swift Sterling debt is with someone else who hasn't taken action just yet....

sourcrates · 2 December 2017 at 6:54PM

confused55 wrote: »

Oh and I've just realised...to give you an idea of how much of a mess I'm in that it's Lending Stream that ACI are acting for - the Swift Sterling debt is with someone else who hasn't taken action just yet....

Same advice applies as above.

How are you going to tackle the rest of your debt ?

Without knowing your situation, its hard to advise, but with that amount of debt, there are one or two options open, dependent on your circumstances.

If you want further advice on how to move forward with this, why not come over to the DFW board and post an SOA ?

Even if you are successful at reclaiming some money from the pay day lenders, its only interest and charges you can re-claim, although some people have had existing debts wiped as well.

But you should not place any reliance on complaining solving your debt problems.

CCJ and ACI debt recovery for swift sterling

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