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Santander/NewDay Ltd outstanding CCJ

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  • Santander/NewDay Ltd outstanding CCJ

    Hi LB

    I'm in a bit of a pickle. In 2008 I was sold a Topshop store card, operated by Santander, before going to university. There was no affordability check, no questions about employment or ability to repay from what I recall. There was also no PPI - I've checked the agreement. Over the years I paid off the minimum payment each month, missed it a couple of times or paid late a few times. I moved to London and swapped addresses a few times in the first year or so - every 6 months ish - from 2011 to 2013. Late 2013 I had to have a reference check as part of a rental agreement, and it showed a CCJ had been filed against me for an outstanding debt of £404 (I have no breakdown but the credit limit was £150, so not sure how this adds up) on 15 June 2013.

    As I had moved addresses, the claim forms appear to have gone to my old address, though I couldn't get a copy as I had no response from my old landlord about collecting post (which was meant to be redirected - different story). I hadn't updated Santander of my address (largely due to the inefficiencies of their online account management system, I tried and failed a few times), but as the repayments had been on direct debit, and I'd had no notices prior to moving about any missed payments this didn't cause much concern at the time. I used to get e-statements though the last one I can find is dated 5 May 2013 - one month before the CCJ was issued.

    I lodged a complaint with Santander in February 2014 about the fact that the card had potentially been missold (see first paragraph, no affordability checks etc,) and requesting that the CCJ be removed or a settlement be offered. I had no response, despite chasing, and later that year received a letter saying the account had been transferred to NewDay Ltd. I've also tried to pursue the complaint with them but also, no joys, as they only have writing address and no phone number or email address.

    In waiting for responses and going through a few issues with mental health, I've not been able to properly resolve this issue. I'm now three years on from the CCJ, as it is showing as active though my credit rating is abysmal, and I want to move on from it. So, LB, of the following options which might you say is the best:

    1. trying to settle the debt and have the CCJ marked 'satisfied' on my CR - if so, I presume it is NewDay Ltd who I should approach?
    2. try one last time to pursue the complaint - I have no idea if it has a reasonable chance of success or not - with Santander or NewDay Ltd?
    3. attempt to have the CCJ set aside - again, I don't know if I stand a chance at this one.

    So sorry for the essay, but it's reached that point where whenever I think about this, it sends me into a bit of a downward spiral, and I just want to move on from this.
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  • #2
    Re: Santander/NewDay Ltd outstanding CCJ

    Hello Zappo, welcome to LB,
    1. Probably the best option,yes New Day took over all these " store card accounts".

    2. Santander are unlike to show any interest at this late stage.

    3. Costly, and unlikely succeed after more than 2 years, given that you had not informed anyone of a change of address.

    A letter Not e-mail to New Day ( check for the name of a director/MD) explain what has happened and make an offer of payment.

    nem

    Comment


    • #3
      Re: Santander/NewDay Ltd outstanding CCJ

      Originally posted by nemesis45 View Post
      Hello Zappo, welcome to LB,
      1. Probably the best option,yes New Day took over all these " store card accounts".

      2. Santander are unlike to show any interest at this late stage.

      3. Costly, and unlikely succeed after more than 2 years, given that you had not informed anyone of a change of address.

      A letter Not e-mail to New Day ( check for the name of a director/MD) explain what has happened and make an offer of payment.

      nem
      Thanks for responding Nem. I had thought that was likely to be the best option, but wanted to be sure.

      As the outstanding balance was ~£160, not the full £404 being claimed for, is it reasonable to offer that or just go with the full £404?

      Z

      Comment

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