Can County Court Claim be issued to the old address for credit card or loan if on

[Diana M]

Re: Can County Court Claim be issued to the old address for credit card or loan if on

@Diana M is the person to answer that.

I have done

Thank you for flagging up the issue.

Di

[EXC]

Re: Can County Court Claim be issued to the old address for credit card or loan if on

Does it cost them anything to make that application to County Court?

Yes there's an application fee and also a hearing fee for cases that get to that stage.

[Diana M]

Re: Can County Court Claim be issued to the old address for credit card or loan if on

Do DCAs have some sort of automated system to apply for CCJ for their accounts at some stages approaching the 6 year anniversary? Does it cost them anything to make that application to County Court?

Yes and No.

The Claimant has to pay the initial court fee to issue the claim but it's then added to the claim form as additional to the disputed sum (the debt amount) allowing them to recover it from the Defendant if the case is won even in the Small Claims Court.

The fees are pro rata to the sum claimed and at the lower end of the scale they can be modest e.g. £70 to issue a claim for up to £1,500. A claim up to £300 is only £25 (using MCOL which is the norm for bulk issuing).

You can see the court fees here > https://www.gov.uk/make-court-claim-...ney/court-fees

Also in most credit agreement Ts & Cs there's a clause allowing them to charge the borrower for the cost of recovering outstanding sums on the account (depending on 'this and that').

Claims over £10k are typically allocated the the Fast Track (or Multi Track if over £25k) where the loser pays the winner's legal costs (unless there's been unreasonable conduct).

Some of the larger debt purchasers boast that they issue upwards of 10,000 claims per month and since 87% of those claims go undefended (resulting in a CCJ by default) they may issue claims speculatively.

B W Legal say that they "regularly issue over 10,000 claims per month" on behalf of their clients, and also state on their website that their "highest month to date exceeded 24,000 claims in one month" > http://www.bwlegal.com/wordpress/

Debt purchasers typically pay 10% of the debt's book value so a £9k debt will have cost them £900. Anything they recover over and above that sum is profit.

When a debt is assigned the debt purchaser receives limited information other than name, last known address, balance and last payment date. Depending on the software used by the new owner this can flag up the potential Statute Barred date (subject to any activity after the assignment).

The CRA file will show when/the date the account defaulted so they have access to that information too.

I hope this answers some of your questions and helps you to make an informed decision on what you should do next.

I also hope you have a lovely Christmas break without worrying about debt. It's only money

Di

[julies]

Re: Can County Court Claim be issued to the old address for credit card or loan if on

Hi Di and EXC,

Thank you for your responses. Excellent information and describes the situation fully. Just out of interest, you mentioned fees they pay for up to £1,500 and what are the fees they pay to submit claims over £1,500?

For me this made it clear that I will proactively approach the DCA in my case with a CCA request.
Do you have any advice for me with that regard kind people?

Should I just send standard CCA request using my current address? or should I somehow reference the address they have logged with their case on credit file?

Merry Christmas and a Happy New Year to all

[julies]

Is it smart to request SAR in this situation? + draft copy SAR for your opinions pls

I had some brilliant responses to my previous thread, asking the forum whether some DCAs can send on purpose letters of claim to the old address and play ignorance so to gain CCJ on a trick. Again my thanks will go to @Diana M @warwick65 @EXC for providing responses. Of course I will still invite some VIPs to contribute to this thread as well if they can ( @Amethyst @charitynjw @MIKE770 @Debt_Camel ) and of course any forum members. Thank you all in advance.

Very quick summary of the situation:
> Noticed DCAs mark on my credit file for a default with on of the high street banks approximately 5 years ago for a credit card.
> This was for a credit account that started in 2003.
> This DCA has my old address they logged for my credit file.
> I am at my current address for approximately 5 years now and am on Electoral Roll and have had some bank accounts opened in the mean time so my current address is well referenced in the credit file.

To avoid any "potential" hassle with the DCA trying to obtain a CCJ by serving documents to the old address and thus forcing me to then look to "set aside" and start the process with them, I thought of being proactive at this stage and ultimately approaching the DCA in question with a CCA request.
Before doing that though, I thought it might be wise to approach the original creditor (the bank) and submit a SAR to them for info and see what they hold on me.
Is that the smart way to approach?
If I request SAR from the bank, will they communicate that to the DCA in question?
(I think they sold this alleged debt a while back as the original creditor, bank, is not on my credit file only DCA)
Are there any negatives to me approaching this bank for a SAR that I should be aware of?

I will post in the reply to this thread, so next post, a copy of the proposed SAR I was thinking of sending.
Could you please comment and let me know if it is constructed validly?
And also, as I will write in the SAR if they need a fee to contact me, let me know is it better to just send them the £10 and say if you need a fee then cash this, but only use for the purpose of this specific Subject Access Request and nothing else?

Thank you all for your time and responses in advance.

Merry Christmas and a Happy New Year to all

- - - Updated - - -

This is the proposed SAR I would send (completing the missing address info:

My Current Address
The date
Name and address of the organisation

Dear Sir or Madam

Subject Access Request ( Data Protection Act 1998 )
[Your full name and address and any other details to help identify you and the information you want.]
[My Full Name, Full Previous Address they have logged on the CRA]

Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to all of the accounts I have held with your organisation. Please include, but do not restrict the information to, the following:
· Signed true copies of any and all agreements with your organisation for any and all accounts, both credit and current accounts
· Any letters sent to me
· Transaction lists
· Screen notes
· Any information about myself or any of my accounts passed to third parties

If you need any more information from me, or a fee, please let me know as soon as possible.

It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at ico.org.uk

Yours faithfully
[Signature]

[nemesis45]

Re: Is it smart to request SAR in this situation? + draft copy SAR for your opinions

Hi,
Insert above specified requests " including but not limited to the following":-
Send the £10 statutory fee if you don't the SAR maybe ignored,
#
nem

- - - Updated - - -

Hi,
Insert above specified requests " including but not limited to the following":-
Send the £10 statutory fee if you don't the SAR maybe ignored,
#
nem

[warwick65]

Re: Is it smart to request SAR in this situation? + draft copy SAR for your opinions

Hi there

You don't say who the creditor is but it seems that some are better at others in supplying SAR info in the first instance. For example when I sent my SAR to Cap 1 they just sent me basic info of some statements and call log although the call logs did not fully explain the codes used. When I sent a follow up latter I got a whole host of statements as well as details of a card I had held in a previous life at a previous address which I had forgotten all about. I had even forgetten that i cancelled it

Personally I am not sure if there is any need to send a SAR at this point, I suppose it depends how important £10 is to you - I know for some it is a huge amount of money out of their disposable income.

If you decide to send it , I always insert the reference number of the cheque or postal order into the letter and keep scans of bot the letter and the payment- that way if something goes askew you can prove the payment was made for a specific purpose

Sorry if you have mentioned the details of this debt in another thread , again, personally i am in a position of letting sleeping dogs fall into an even deeper sleep so am reactive rather than proactive at the moment.

[Diana M]

Re: Can County Court Claim be issued to the old address for credit card or loan if on

Just out of interest, you mentioned fees they pay for up to £1,500 and what are the fees they pay to submit claims over £1,500?

The answer to your question is in the link which I posted earlier on your thread (post #18) >

The fees are pro rata to the sum claimed and at the lower end of the scale they can be modest e.g. £70 to issue a claim for up to £1,500. A claim up to £300 is only £25 (using MCOL which is the norm for bulk issuing).

You can see the court fees here > https://www.gov.uk/make-court-claim-...ney/court-fees

Di

[Diana M]

Re: Is it smart to request SAR in this situation? + draft copy SAR for your opinions

I had some brilliant responses to my previous thread, asking the forum whether some DCAs can send on purpose letters of claim to the old address and play ignorance so to gain CCJ on a trick. Again my thanks will go to @Diana M @warwick65 @EXC for providing responses. Of course I will still invite some VIPs to contribute to this thread as well if they can ( @Amethyst @charitynjw @MIKE770 @Debt_Camel ) and of course any forum members. Thank you all in advance.

Very quick summary of the situation:
> Noticed DCAs mark on my credit file for a default with on of the high street banks approximately 5 years ago for a credit card.
> This was for a credit account that started in 2003.
> This DCA has my old address they logged for my credit file.
> I am at my current address for approximately 5 years now and am on Electoral Roll and have had some bank accounts opened in the mean time so my current address is well referenced in the credit file.

To avoid any "potential" hassle with the DCA trying to obtain a CCJ by serving documents to the old address and thus forcing me to then look to "set aside" and start the process with them, I thought of being proactive at this stage and ultimately approaching the DCA in question with a CCA request.
Before doing that though, I thought it might be wise to approach the original creditor (the bank) and submit a SAR to them for info and see what they hold on me.
Is that the smart way to approach?

Perhaps it may help to merge this thread with your previous thread so that anyone helping can see what advice you've been given so far and be able to put your further questions in context.

Thread > http://legalbeagles.info/forums/show...l=1#post769147

@Kati may do that for you.

Di