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**WON** Set-Aside & Claim Dismissed **** CCJ Help

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  • Re: CCJ Help

    Account closed September 2011 - well that would may spoil any SB defence

    Other things you might want to look for are when was a formal demand for payment sent

    When was the last credit made to the account

    Did they ever send a DN ( yes i know its a current account but HBOS sent me a DN for a current account)

    just a few thoughts
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

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    • Re: CCJ Help

      Does the 6 year period begin when the account is closed for an overdraft?

      Last transaction was January 2010.

      Cannot see a DN in there

      Comment


      • Re: CCJ Help

        Any use?
        http://www.moneysavingexpert.com/new...raft-fee-limit
        CAVEAT LECTOR

        This is only my opinion - "
        Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb

        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.

        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

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        • Re: CCJ Help

          [MENTION=6]Amethyst[/MENTION]

          Would you be able to advise me on what I need to be looking for and on what my steps should be now?

          Thanks

          Comment


          • Re: CCJ Help

            Are the account terms in there ?

            After last payment in to the account in jan 2010 can you see how the debt built up - any left over DDs etc - spends- charges etc
            Common Sense .... if in doubt, use it !

            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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            • Re: CCJ Help

              Yes there is a list of what all the terms mean.

              Would I need to go through the statements to get that info? There are reams and reams of filing paper with all the transactions on (and not in the most user friendly format lol) so would need to go through them to calculate how the debt built up.

              I have all the dates of when hsbc said they actionned stuff. I.e. when they sent final Demand, passed to their in-house litigation team, sent discount letters, sold to arrow etc. All of which I never received and are not actually provided on this SARS

              Comment


              • Re: CCJ Help

                Sorry, any terms and conditions at all? You want to look at any rules like paying in x per month, having 2 dds etc that you breached giving them the right to close the account ( so to show they could have closed it earlier )

                Transaction wise - what was the balance in Jan 2010 when you last paid in ? How does that translate to what they are claiming now ?
                Common Sense .... if in doubt, use it !

                “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                Comment


                • Re: CCJ Help

                  Yes there are terms and conditions. I will have a look over them when I get in from work and I'll check the balances too.

                  Cheers

                  Comment


                  • Re: CCJ Help

                    So this doesn't actually tell me the balances at each transaction, on the transaction lists.

                    It does say, on another document, the closing balance was 957.33 and the ccj is for about 1100.

                    The terms and conditions of the overdraft don't really mention any specific about paying x amount every .month or anything like that. I can take a pic and put them on here if that helps
                    [MENTION=6]Amethyst[/MENTION]

                    Comment


                    • Re: CCJ Help

                      I think you're more interested in the transactions between when you made your last payment in, and the account being closed, than anything after ( which doesn't actually sound bad at all ) - so even if you don't know the balances you should be able to see how much activity and what it was after your last in payment.
                      Common Sense .... if in doubt, use it !

                      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                      Comment


                      • Re: CCJ Help

                        Looks like debit interest between my last transaction and account closure

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                        • Re: CCJ Help

                          that all? bummer. So you reckon that you made that last inward payment to get it back in overdraft limit then ditched it? Was your OD limit 1000 ?
                          Common Sense .... if in doubt, use it !

                          “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                          Comment


                          • Re: CCJ Help

                            Yea under transaction type it says "charges/interest Debit up until Sep 2011 at which it says account transfer (this is when account was sold).

                            Under account transfer It says "posting currency - 957.34" and then "transaction value - 1199.00" which is the CCJ amount.

                            The overdraft limit was 1250

                            Comment


                            • Re: CCJ Help

                              Is there anything else I need to be doing at the moment? With this SARS stuff or otherwise? [MENTION=6]Amethyst[/MENTION]

                              Comment


                              • Re: CCJ Help

                                Howdy, nope you're pretty much sorted until they come up with some sort of documentation to argue against your statute barred defence, really there's probably not much of a claim on charges there as a defence issue. I don't understand this
                                "posting currency - 957.34" and then "transaction value - 1199.00"
                                Do they say what posting currency is in their terms list? All i can find is
                                Foreign currency transactions are initially recorded in the posting currency...
                                which doesn't seem to make much sense - transferred it into a different currency for some reason? no idea sorry.

                                Your main argument for the set aside is the claim being made at an old address and with a teeny bit of effort they could have located you as you were on electoral roll and updated with credit reference agencies. So that's what you're concentrating on for this, the rest is to show you would have a defence ( stat barred, potentially charges, no information/documents from the claimant - as per your original WS ) had you have received the claim.
                                Common Sense .... if in doubt, use it !

                                “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                                Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                                Comment

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