Welcome Finance Accounts/CCJ's

[debthelp13]

Hi,

 

Was advised to start a thread on this forum regarding a couple of CCJ's from Welcome me and the husband have.

 

Background is - My loan took out in 2005 for I believe either £2000 or £2500. Unsure if it had PPI as I don't have the loan agreement. Got into financial difficulty in 2006 and stopped paying.

 

I Can't remember the last time I made a payment, think I acknowledged the debt in September 2009 as I have a letter from Howard Cohen which seems like a response to a letter I have sent saying they agree to me paying £10pm however I don't recall offering this and have no details of it and I haven't made these payments. Moved house several times now and not informed them.

 

CCJ was registered on my credit file in April 2009, not received any documents or letters regarding this and not heard anything from them since letters from Howard Cohen at end of 2009 (which were sent to my parents address) and a personal loan statements from Welcome in November 2009 saying balance £3870.03 then again in November 2011 saying balance £6148.40!!!(Again all sent to my parents address).

 

Husbands loan - took out in 2006, think was a loan that was topped up, got into difficulty in 2007 and was on reduced payments until early 2008. I have a default notice from 10 June 2008 however the account is not showing as default on credit file, it is still live and showing as late payment every month for years with a balance of £5123.

 

Loan amount was for £2985.40, this includes PPI amount of £985.40. CCJ was issued in February 2009 for £5112 at an address we no longer lived at however we hadn't changed the address.

 

Wrote to them asking for statement etc in September 2009, received letter back with loan agreement and a gross balance calculation (these are from Young & Pearce Solicitors).

 

Moved house again, not heard anything for last few years.

 

Said in my other thread that he had recently received letters from MKRR but actually when I've looked in to it just now, they are regarding a different account.

 

He has received a letter though from a company called Pace Forward trying to see if this is the right address?

 

Can I do anything about the live account that is being recorded as late payment every month as well as the CCJ? As when will that live account drop off if there is no default date or anything registered against it?

 

What should I do about the accounts, we aren't in a position to start repaying debts but am trying to sort out our credit files a bit where possible so should we just wait it out and see if they contact us and what happens to a CCJ after 6 years if not repaid?

 

Thanks for any advice.

[BRIGADIER2JCS]

The late payment markers are not really important no as the CCJ takes precedent so either way the is going to seriously affect credit rating. CCJ will be removed from the records after 6 years any attempt to enforce after the six years will need leave of the court.

 

You can get the data on the account by making a Subject Access Request under the Data Protection Act 1998, this will reveal if a default has been placed on the account if not you can write to the data controller of the company that is named on the CRA files and ask for a default to be place at the actual date of the cause of action.

 

There is a £10 statutory fee for the SAR, the creditor (original lender) has 40 days to comply.

 

There is a template in the CAG library for this, address to the Data Controller. recorded delivery check receipt the 40 days starts when they receive the request.

[debthelp13]

If we send an SAR is this likely to get them to start hounding us to pay as we aren't in a position to do so right now and as it stands we haven't heard anything from them for 3 1/2 yrs, the previous address they were writing to was my parents so i would know if any letters had gone there but I can't see them just not chasing the debt now its a CCJ? If the six years did pass and it hadn't been repaid would they be able to get a marker put back on the credit file?

 

I was thinking it may be better for my husband to just do a debt relief order and get rid of it once and for all but how will that effect his credit file, also does he have to include all debts in that as he has recently started using a new credit card with a small credit limit which we just use for food shopping and pay off to try to rebuild his credit file a bit so would like to keep that one open.

 

Thanks

[mr plasterer]

from what I have picked up from other cag users I would still send a SARs request because you can still claim back 6yrs of charges plus the interest rate they were charging you.

its pretty much a cert that they will owe you money as all of these charges are illegal

[debthelp13]

I know the CCJ will be removed from credit file in just under 2 years, is the CCJ also going to be statute barred after the 6 years no contact/payment or does a CCJ not become statute barred? And does sending an SAR restart the 6 years going again if so?

 

Thanks